Community Development Committee Meeting — Agenda Packet

Community Development Committee Agenda February 19, 2026 5:00 PM St. Croix County Government Center - Room 1400 Government Center - 1101 Carmichael Road, Hudson, Wisconsin Call to Order Roll Call Approval of Minutes 1. Minutes of Previous Meeting - January 15, 2026 Public Comment Public Hearings 1. Proposed Amended Chapter 14 — Nonmetallic Mining Reclamation 2. Proposed Amended Chapter 15 - General Zoning 3. Proposed Amended Chapter 17 - Lower St. Croix Riverway 4. Proposed Amended Chapter 21 — Municipal Solid Waste Reduction, Recovery and Recycling Business 1. Ordinance Repealing and Recreating Chapter 14 - Nonmetallic Mining Reclamation - of the St. Croix County Code of Ordinances 2. Ordinance Repealing and Recreating Chapter 15 - Zoning - of the St. Croix County Code of Ordinances 3. Ordinance Repealing Chapters 17.01-17.09, 17.36, and 17.70-17.72 and Recreating Chapter 17 — Lower St. Croix Riverway Overlay District - of the St. Croix County Code of Ordinances 4. Ordinance Repealing and Recreating Chapter 21 - Municipal Solid Waste: Reduction, Recovery and Recycling - of the St. Croix County Code of Ordinances 5. Resolution Requesting Wisconsin Counties Association Lobby State Legislature and Governor on Legislation for Greater Local Control for Wisconsin Counties related to Renewable Energy 6. Resolution Authorizing the Community Development Director to Submit a Land and Water Conservation Fund Grant Application to the Wisconsin Department of Natural Resources for the Construction of an ADA-Compliant Bathroom and Pavilions at Eckert Blufflands Park 7. Update on Phase II of Hwy 35 Bike and Pedestrian Trail 8. Resolution Establishing a County Solar Frequently Asked Questions (FAQ) Webpage Page 1 of 311 9. Resolution Recommending Approval of the Proposed Joint Development Agreement with Xcel Enegy regarding the Ten Mile Solar Creek Project 10. Financial Report for January 2026 Request for Future Agenda Items Announcements Date of Next Meeting 1. Date of Next Meeting - March 19, 2026 Adjournment Reasonable efforts will be made to provide special accommodations for access to public meetings. To request a special accommodation, please contact the County Clerk’s Office at (715) 386-4600 at least two business days prior to the time of the meeting. For more information on St. Croix County's public meetings visit: sccwi.gov/meetings Page 2 of 311 Community Development Committee Minutes January 15, 2026 5:00 PM St. Croix County Government Center - Room 1400 Government Center - 1101 Carmichael Road, Hudson, Wisconsin Call to Order Roll Call PRESENT: Scott Counter, Kerry Reis, Ryan Sherley, Jerry VanSomeren ABSENT: Dick Hesselink Approval of Minutes 1. Minutes of Previous Meeting - December 18, 2025 Minutes were accepted as presented. 2. Minutes of Previous Meeting - January 8, 2026 Worksession Minutes were accepted as presented. Public Comment Dan Schmidt Celeste Koeberl Virginia Drath Public Hearings Business 1. Resolution for RTP Grant Application for Trail Work at Orf Family Overlook Jason Kjeseth, Community Development Director, presented to the committee. Motion: To recommend approval of the Resolution for RTP Grant Application for Trail Work at Orf Family Overlook Result: Passed Moved by: Kerry Reis Seconded by: Ryan Sherley Ayes: Scott Counter, Kerry Reis, Ryan Sherley, Jerry VanSomeren Notes: 2. Update on 2025 Water Quality Monitoring and Land & Water Conservation Tim Stieber, Land and Water Conservation Administrator, spoke to the Committee. Patty Shrank, Water Quality Specialist spoke regarding water quality initiatives. Page 3 of 311 3. Resolution Opposing the Rezoning Request Pending Before the Village of North Hudson by Railroad Properties of Hudson LLC for Parcel No. 161-1070-20-003 Director Kjeseth presented. Motion: To recommend approval of the Resolution Opposing the Rezoning Request Pending Before the Village of North Hudson by Railroad Properties of Hudson LLCfor parcel 161-1070-20-003 Result: Passed Moved by: Jerry VanSomeren Seconded by: Kerry Reis Ayes: Scott Counter, Kerry Reis, Ryan Sherley, Jerry VanSomeren Nays: None Abstain: None Notes: 4. Discussion of Chapter 15 Ordinance Amendments 5. Financial Report for December 2025 Ken Witt, County Administrator, presented. Request for Future Agenda Items Announcements Date of Next Meeting 1. Date of Next Meeting - February 19, 2026 Adjournment Meeting adjourned at 6:57 PM. Page 4 of 311 ST. CROIX COUNTY NOTICE OF PUBLIC HEARINGS PUBLIC HEARING – St. Croix County Chapter 14, 15, 17, and 21 Ordinance Amendments The St. Croix County Community Development Committee will hold consecutive public hearings on Thursday, February 19, 2026, beginning at 5:00 p.m., at the St. Croix County Government Center, County Board Room, 1101 Carmichael Rd., Hudson, Wisconsin, 54016 to consider the proposed amended ordinances listed below. Proposed Chapter 14-Nonmetallic Mining Ordinance The St. Croix County Chapter 14- Nonmetallic Mining Ordinance regulates nonmetallic mining facilities within the unincorporated areas of the County. The proposed amendments bring the ordinance into compliance with NR 135, remove duplicate text, update code references, and clarify reclamation standards. This ordinance is authorized by Wisconsin Statutes §§59.692, 59.694, subchapter I of Chapter 295, and Wisconsin Administrative Code Chapter NR 135. Proposed Chapter 15-General Zoning The St. Croix County Chapter 15- General Zoning Ordinance regulates land use activities within the unincorporated areas of Towns under County zoning. The proposed amendments incorporate additional statute references for Farmland Preservation Certification, clarifies that one dwelling is allowed per parcel, limits one major home occupation per parcel, includes additional nonmetallic mining provisions from Chapter 14, and refines a couple definitions for greater clarity. This ordinance is adopted under the authority in Wisconsin Statutes §§ 59.69-59.698, 66.1001-66.1037. Proposed Chapter 17- Lower St. Croix Riverway Ordinance The St. Croix County Chapter 17-Lower St. Croix Riverway Ordinance applies to all unincorporated land in the State and Federal Zones of the Riverway District of St. Croix County. The proposed amendments streamline the administrative processes and adhere to the standards found in Wisconsin Administrative Code NR. 118. The proposed draft also incorporates stormwater mitigation for a 25-year storm event. This chapter is enacted pursuant to the authority granted by Wisconsin Statute §§ 30.27, 59.69, and Wisconsin Administrative Code NR118. Proposed Chapter 21- Municipal Solid Waste: Reduction, Recovery & Recycling The St. Croix County Chapter 21- Municipal Solid Waste: Reduction, Recovery & Recycling Ordinance promotes recycling and effective solid waste management in St. Croix County under Wis. Stats. §§287.11 and Wis. Adm. Code NR 544. The proposed amendment incorporates recent changes to NR 544, streamlines duplicate text, and provides a more comprehensive list of eligible and prohibited items for recycling. Pertinent information regarding these amendments or a map of the properties affected is available from the St. Croix County Community Development Department. Interested persons may submit written or oral comments related to this matter any time prior to the hearing or at the hearing. Written comments will be distributed to the Community Development Committee for Page 5 of 311 review and consideration. Please submit written comments by mail, email or in person as follows: Mail/in person: Jason Kjeseth, Community Development Director, St. Croix County Government Center, 1101 Carmichael Road, Hudson, WI 54016. Email: jason.kjeseth@sccwi.gov; Phone: 715-386-4673. By: St. Croix County Community Development Committee Page 6 of 311 Ordinance Repealing and Recreating Chapter 14 - Nonmetallic Mining Reclamation - of the St. Croix County Code of Ordinances Cover Memo To: Community Development Committee From: Ken Witt, County Administrator Jason Kjeseth, Community Development Director Date: February 19, 2026 Agenda Item: Ordinance Repealing and Recreating Chapter 14 - Nonmetallic Mining Reclamation - of the St. Croix County Code of Ordinances Background Information: The St. Croix County Chapter 14 — Nonmetallic Mining Ordinance, adopted in 2014, regulates nonmetallic mining facilities within the unincorporated areas of the County. This ordinance is authorized by Wisconsin Statutes §§ 59.692, 59.694, subchapter I of Chapter 295, and Wisconsin Administrative Code Chapter NR 135. The current ordinance is more restrictive than NR 135 due to some zoning standards, and hasn’t been amended since the county adopted the new Chapter 15- General Zoning Ordinance, which already has some of these standards. The extra requirements from Chapter 14 were inserted into the proposed Chapter 15 so the proposed Chapter 14 can comply with NR 135. The Community Development Department petitions the St. Croix County Board of Supervisors to adopt as and for St. Croix County’s Chapter 14 - Nonmetallic Mining Reclamation, the proposed amended ordinance, which is included in the agenda packet. A Class II Public Hearing Notice was published in the Star Observer for the weeks of February 5, 2026, and February 12, 2026, establishing a public hearing on February 19, 2026, at 5:00 PM with the St. Croix County Community Development Committee in the Government Center Board Room, 1101 Carmichael Road, Hudson Wisconsin. Notice was also provided to all municipal clerks under Wisconsin Statute § 59.69. Page 7 of 311 Ordinance No. ORDINANCE REPEALING AND RECREATING CHAPTER 14 – NONMETALLIC MINING RECLAMATION – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 1 The County Board of Supervisors of the County of St. Croix does ordain as follows: 2 3 WHEREAS, Chapter 14 – Nonmetallic Mining Reclamation – of the St. Croix County 4 Code of Ordinances is authorized by Wis. Stat. §§ 59.692, 59.694, subchapter I of Chapter 295, 5 and Wisconsin Administrative Code Chapter NR 135; and 6 7 WHEREAS, Chapter 14 – Nonmetallic Mining Reclamation – regulates nonmetallic 8 mining facilities within the unincorporated areas of the County; and 9 10 WHEREAS, the amendments to the current ordinance include provisions to ensure 11 compliance with Wisconsin Administrative Code Chapter NR 135 and eliminates duplicate 12 standards addressed in other County Ordinances; and 13 14 WHEREAS, a public hearing was held on Thursday, February 19, 2026, at the St. Croix 15 County Government Center by the Community Development Committee of the St. Croix County 16 Board of Supervisors regarding the proposed amendments; and 17 18 WHEREAS, the Community Development Committee has reviewed said amendments and 19 recommends the St. Croix County Board of Supervisors enact said amendments to Chapter 14 – 20 Nonmetallic Mining Reclamation – of the St. Croix County Code of Ordinances. 21 22 NOW, THEREFORE, BE IT ORDAINED by the St. Croix County Board of Supervisors 23 that Chapter 14 – Nonmetallic Mining Reclamation – of the St. Croix County Code of Ordinances 24 is repealed and recreated as attached hereto. 25 26 BE IT FURTHER ORDAINED that the provisions of the repealed and recreated Chapter 27 14 – Nonmetallic Mining – shall supersede any prior ordinance provisions. 28 29 BE IT FURTHER ORDAINED that the St. Croix County Community Development 30 Department is directed to forward the repealed and recreated ordinance to necessary governmental 31 units and agencies throughout St. Croix County. 32 33 BE IT FURTHER ORDAINED that the amended Chapter 14 – Nonmetallic Mining 34 Reclamation – of the St. Croix County Code of Ordinances shall be published by the County Clerk, 35 pursuant to Wis. Stat. § 59.14, and will become effective upon publication. 36 37 This ordinance shall not be codified. Page 8 of 311 Ordinance No. ORDINANCE REPEALING AND RECREATING CHAPTER 14 – NONMETALLIC MINING RECLAMATION – OF THE ST. CROIX COUNTY CODE OF ORDINANCES Community Development Committee Recommended MOVER: SECONDER: AYES: EXCUSED: None St. Croix County Board of Supervisors Action: This Ordinance was ENACTED by the St. Croix County Board of Supervisors on March 3, 2026. ___________________________________ ___________________________________ Bob Long, County Board Chair Christine Hines, County Clerk Page 9 of 311 ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 14 NONMETALLIC MINING RECLAMATION ORDINANCE ENACTED FEBRUARY 20, 2004 AMENDED 7-1-07 AMENDED 10-1-14 Amended 3-3-26 ST. CROIX COUNTY COMMUNITY DEVELOPMENT ZONING DEPARTMENT GOVERNMENT CENTER 1101 CARMICHAEL ROAD HUDSON, WI 54016 715-386-4680 715-386-4686 FAX WWW.CO.SAINT-CROIX.WI.US Page 10 of 311 TABLE OF CONTENTS 14.1 INTRODUCTION _______________________________________________________________1 A. Title, Authority And Effective Date _____________________________________________1 B. Purpose And Objectives _______________________________________________________1 C. Applicability ________________________________________________________________1 D. Interpretation _______________________________________________________________2 E. Limitation Of Action Challenging Validity Of Ordinance ___________________________2 F. Exempt Activities ____________________________________________________________3 G. Definitions __________________________________________________________________3 14.2 STANDARDS ___________________________________________________________________4 A. General Standards ___________________________________________________________4 B. Reclamation Standards _______________________________________________________7 C. Intermittent Mining __________________________________________________________8 14.3 NONMETALLIC MINING PERMIT _______________________________________________9 A. Permit Conditions ____________________________________________________________9 14.4 APPLICATION ________________________________________________________________12 A. Nonmetallic Mining Permit Application _________________________________________12 14.5 OPERATION __________________________________________________________________15 A. Nonmetallic Mining Operation ________________________________________________15 14.6 RECLAMATION _______________________________________________________________16 A. Reclamation Of Nonmetallic Mining Site ________________________________________16 14.7 FINANCIAL ASSURANCE ______________________________________________________18 A. Financial Assurance _________________________________________________________18 14.8 ANNUAL FEES ________________________________________________________________20 A. Annual Fees ________________________________________________________________20 14.9 ANNUAL REPORT _____________________________________________________________22 A. Operator Annual Report _____________________________________________________22 14.10 ADMINISTRATION AND ENFORCEMENT _______________________________________23 A. Administration _____________________________________________________________23 B. Reclamation Release _________________________________________________________24 C. Enforcement _______________________________________________________________25 Page 11 of 311 February 20, 2004 14.1 Introduction St. Croix County Nonmetallic Mining Ordinance 14-3 ST. CROIX COUNTY LAND USE AND DEVELOPMENT CODE OF ORDINANCES CHAPTER 14 – ST. CROIX COUNTY NONMETALLIC MINING RECLAMATION ORDINANCE The Board of Supervisors of St. Croix County, Wisconsin, does ordain as follows: The nonmetallic mining ordinance, no. 226(89) as amended [Ord. Am. 301 (92), May 19, 1992: Ord. Am. 461 (98), March 17, 1998], is repealed and recreated as follows: 14.1 INTRODUCTION A. TITLE, AUTHORITY AND EFFECTIVE DATE 1. TITLE a. This ordinance chapter shall be cited as the "St. Croix County Nonmetallic Mining Reclamation Ordinance" and hereinafter referred to as the "ordinancechapter." 2. AUTHORITY a. This ordinance chapter is authorized by Wisconsin Statutes §§295.13(1), 59.51, 59.69, 59.692, 59.694 and subchapter I of Chapter 295, and Wisconsin Administrative Code Chapter NR Ch. 135. b. Any amendment, repeal or recreation of the statutes relating to this ordinance are incorporated into this ordinance by reference as of the effective date of the amendment, repeal or recreation. 3. EFFECTIVE DATE a. This ordinance chapter shall be effective on M a r c h 3 , 2 0 2 6 . X X X . February 20, 2004. Ordinance No. 652/(2004) Replacing Ordinance No. 226(1989) with Chapter 14. Amended by Ordinance No. 758/(2007) effective on July 1, 2007. B. PURPOSE AND OBJECTIVES 1. PURPOSE a. The purpose of this chapter is to establish a local program to ensure the effective reclamation of nonmetallic mining sites on which nonmetallic mining takes place in the county after the effective date of the ordinance chapter from which this chapter is derived, in compliance with Wis. Adm. Code Cch. NR 135 and Wis. Stats. Cch. 295, subch. I.Nonmetallic mining is recognized as an important industry that contributes to the county's economic well-being. However, there is a substantial likelihood of short-term and long-term damage to the physical environment and tax base from nonmetallic mining if it is not regulated. This ordinance establishes regulations for nonmetallic mining to minimize or prevent damage to the public and to restore mining sites to a useful and stable condition after mining ceases. C. APPLICABILITY 1. APPLICATION OF THIS CHAPTERE ORDINANCE a. This ordinance chapter is applicable to any nonmetallic mining site within St. Croix County that commenced nonmetallic mining operations after April 11, 1989, except a site within a municipality which has a nonmetallic mining ordinance that complies with Wisconsin Administrative Code Chapter NR 135. This ordinance chapter does not apply to any nonmetallic mining site that permanently ceased operations prior to April 11, 1989. b. Any application for a nonmetallic mining operation permit submitted on or after the effective Page 12 of 311 14.1 Introduction February 20, 2004 14-4 St. Croix County Nonmetallic Mining Ordinance date of this ordinance shall comply with this ordinance. c. Any nonmetallic mining operation permitted prior to the February 20, 2004 effective date of this ordinance that requests a permit renewal or modification after the February 20, 2004 effective date of this ordinance shall be processed in the same manner as an initial application and shall comply with this ordinance. d. After this ordinance becomes effective on February 20, 2004, the County shall review the reclamation plans of all existing nonmetallic mining operations for substantial compliance with this ordinance. If an existing reclamation plan does not substantially comply with this ordinance, the reclamation plan shall be brought into compliance with this ordinance within two years, or when the permit is renewed, whichever is earlier. e.b. The reclamation provisions of this ordinance chapter supersede the reclamation provisions of any town nonmetallic mining ordinance which are less restrictive than the reclamation provisions of this ordinance.chapter. f.c. This ordinance chapter applies to nonmetallic mining conducted by or on behalf of a county, municipality or for the benefit or use of the state or any state agency, board, commission or department, except that financial assurances are waived. g.d. All nonmetallic mining operations and/or sites must comply with the St. Croix County Zoning Ordinance. h. Property owners and operators, builders and contractors are responsible for complying with this ordinance. D. INTERPRETATION 1. ABROGATION a. It is not intended that this ordinance chapter repeal, abrogate, annul, impair or interfere with any easements, covenants, deed restrictions or agreements created prior to the 1989 effective date. 2. LIBERAL CONSTRUCTION a. The provisions of this ordinance chapter shall be liberally construed in favor of St. Croix County and shall not be construed to be a limitation or repeal of any other power now possessed or granted to St. Croix County. 3. SEVERABILITY AND NON-LIABILITY a. If any section, clause, provision or portion of this chapter ordinance is deemed adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance chapter shall not be affected. b. If any application of this ordinance to a particular parcel of land, building, structure, water or air is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other land, building, structure, water or air not specifically included in said judgment. E. LIMITATION OF ACTION CHALLENGING VALIDITY OF ORDINANCE 1. CLAIMS a. Pursuant to §59.69(14), Wisconsin Statutes, a land owner, occupant or other person affected by this ordinance or amendment thereto who claims that this ordinance or amendment is invalid because procedures prescribed by the statutes or the ordinance were not followed shall commence a court action within six months after adoption of this ordinance or be forever barred. Page 13 of 311 February 20, 2004 14.1 Introduction St. Croix County Nonmetallic Mining Ordinance 14-5 F.E. EXEMPT ACTIVITIES 1. ACTIVITIES NOT SUBJECT TO THIS ORDINANCECHAPTER a. The following are not subject to this ordinancechapter: 1) Nonmetallic mining at a site or that portion of a site that is subject to permit and reclamation requirements of the Department of Natural Resources under Wisconsin Statutes §§30.19, 30.195 or 30.20 and complies with Wisconsin Administrative Code Chapter NR 340. 2) Excavation subject to the permit and reclamation requirements of Wisconsin Statutes §30.30 or §30.31. 3) Excavation or grading by a person solely for domestic or farm use at that person’s residence or farm. 4) Excavation or grading conducted for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility, or any other transportation facility where the excavation or grading is entirely within or immediately adjacent to the property boundaries of the transportation facility. 5) Excavation or grading conducted for the construction, reconstruction, maintenance or repair of a highway or railroad immediately adjacent to the right-of-way. 6)5) Grading conducted for preparing a construction site or restoring land following a flood or natural disaster. 7)6) Excavations for building construction purposes conducted on the building site. 8)7) Any mining for which reclamation is required by a permit obtained under Wisconsin Statutes Chapter 293. 9)8) Any activities required to prepare, operate or close a solid waste disposal facility under Wisconsin Statutes Chapter 289 or a hazardous waste disposal facility under Wisconsin Statutes Chapter 291 that are conducted on the property where the facility is located. This ordinance chapter applies to activities related to solid or hazardous waste disposal that are conducted at a nonmetallic mining site separate from the solid or hazardous waste disposal facility, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering, or constructing berms, dikes, or roads. 10)9) Nonmetallic mining with a limited purpose and duration through a contract with the Wisconsin Department of Transportation (WisDOT) that imposes reclamation requirements. The duration of the exemption shall be specific to the length of the WisDOT contract for construction of a specific transportation project. Such nonmetallic mining sites may also provide material for non-transportation projects during the duration of the contract. 10) Dredging for navigational purposes, to construct or maintain farm drainage ditches and for the remediation of environmental contamination and the disposal of spoils from these activities. 11) Nonmetallic mining at nonmetallic mining sites where less than one acre of total affected acreage occurs over the life of the mine. G.F. DEFINITIONS 1. NR 135.03 a. All definitions for the purposes of this ordinancechapter are those contained in Wisconsin Administrative Code §NR § 135.03. b. When not defined in Wisconsin Administrative Code §NR § 135.03, all other term’s definitions shall be those found in the Geological Society Engineering Geology Special Publication No 9, titled Aggregates or, if not there, other St. Croix County ordinances or the standard dictionary. Page 14 of 311 14.4 Application February 20, 2004 14-6 St. Croix County Nonmetallic Mining Ordinance 14.2 STANDARDS a. GENERAL STANDARDS 1. PUBLIC HEALTH SAFETY AND WELFARE a. All nonmetallic mining sites shall be operated and reclaimed in compliance with all applicable federal, state and local laws, rules and regulations in a manner that protects the public health safety and welfare. 2. AREA DISTURBED AND CONTEMPORANEOUS RECLAMATION OPERATION AND PROGRESSIVE RECLAMATION a.2. Nonmetallic mining reclamation shall be conducted, to the extent practicable, to minimize the area disturbed by nonmetallic mining and to provide for nonmetallic mining reclamation of portions of the nonmetallic mining site while nonmetallic mining continues on other portions of the nonmetallic mining site.Nonmetallic mining operations and reclamation shall be conducted simultaneously, to the extent practicable, to restore areas no longer mined as soon as possible. 3. REFUSE AND OTHER SOLID WASTES a. Nonmetallic mining refuse shall be reused in accordance with the reclamation plan. Other solid waste shall be disposed of in accordance with applicable rules of the WDNR adopted pursuant to Wisconsin Statutes Chapters 289 and 291. 4. OTHER STANDARDS a. The Zoning Administrator may impose or request from the Board of Adjustment, as appropriate, such other standards as are reasonably necessary to ensure proper operation and progressive and final reclamation in a manner consistent with this ordinance. 5.4. HABITAT RESTORATION a. When the reclamation plan requires plant, fish or wildlife habitat to be restored the restoration shall be done, to the extent practicable, to a condition at least as suitable as that which existed before the lands were affected by the nonmetallic mining operation. Where applicable, the restoration plan shall incorporate native grass and forb species where habitat restoration can be achieved to meet the goals and objectives of the Western Prairie Habitat Restoration Area (WPHRA). 5. COMPLIANCE WITH ENVIRONMENTAL REGULATIONS b.a. Reclamation of nonmetallic mining sites shall comply with any other applicable federal, state and local laws including those related to environmental protection, zoning and land use control. 6. SURFACE WATER AND WETLANDS PROTECTION a. Nonmetallic mining operations and reclamation shall be conducted and completed in a manner that assures compliance with the DNR’s water quality standards for surface waters and wetlands contained in Wisconsin Administrative Code Chapters NR 102 to NR 105. b. Before disturbing the surface of a nonmetallic mining site and removing topsoil, all necessary measures for diverting and draining runoff from the site must be taken to prevent pollution and erosion. Runoff from nonmetallic mining operations and reclamation may not adversely affect neighboring properties. 7. BUFFER ZONE a. A buffer zone of at least one hundred (100) feet, measured horizontally, shall be maintained along adjoining property lines and public roads and highways. Areas within the buffer zone may be used for earthen berms, fencing, egress/ingress (except for internal haul roads), planting of trees and other uses that help create a buffer between the nonmetallic mining operation and neighboring properties. 8.7. GROUNDWATER PROTECTION Page 15 of 311 February 20, 2004 14.4 Application St. Croix County Nonmetallic Mining Ordinance 14-7 a. Nonmetallic mining operations and reclamation shall be conducted in a manner that does not cause groundwater quality standards in Wisconsin Administrative Code Chapter NR 140 to be exceeded at a point of standards application defined in that chapter. b. Nonmetallic mining operations and reclamation shall be conducted in a manner that does not cause a permanent lowering of the groundwater table that results in adverse effects on surface waters or a significant reduction in the quantity of groundwater available for reasonable use to future users. c. Wash ponds and settling ponds shall have five feet of separation distance to bedrock. d. For sites with planned excavation lower than the groundwater table, the operator shall submit a detailed hydrogeologic report. The operator shall be required to reimburse the county for the expense of professional work or opinions in review of a hydrogeologic report if recommended by staff or the Board of Adjustment. The hydrogeologic report shall provide the following information, as well as a description and justification of all hydrologic methods used: 1) Existing conditions to establish baseline data, including but not limited to: a) Analysis of groundwater quality on the mining site consistent with Wisconsin Administrative Code Chapter NR 140.20. b) Identification of all known contaminated groundwater resources within one-half mile of the mining site. c) Identification of all karst features such as sink holes, stream sinks, springs, caves, joints, or fractures within one-half mile of the mining site. d) Identification and elevation of all surface waters and headwaters within a minimum of one-half mile of the mining site. Elevations must include the existing water level, as well as the ordinary high water mark where applicable. e) Identification of all existing groundwater users (neighboring private water-supply wells, well head protection areas, municipal wells, irrigation wells, and etc.) within 1200 feet of the mining site consistent with Wisconsin Administrative Code Chapter NR 812. Well construction reports including well location, well depth, depth of casing, depth to water, and aquifers penetrated should be identified. f) Elevation of the groundwater table, groundwater flow directions, and groundwater velocities. g) All information in b) – e) above shall be presented in the form of contour maps and multiple geologic cross-sections passing through the proposed excavation and all areas of concern. All horizontal and vertical measurements shall be referenced to a permanent reference point of the St. Croix County Coordinate System. 2) Proposed operational data, including but not limited to: a) Elevation of the lowest point of mining and dewatering activities below groundwater. b) Description of the means planned to prevent surface water running into the excavation. c) Where dewatering is proposed, provide pumping rates and times; elevation of the groundwater draw down level; and identification of groundwater discharge locations and quantities. d) A groundwater monitoring program to ensure compliance with a. and b. above. Such program should include the installation of monitoring wells near the site perimeter of the proposed area of excavation to measure groundwater elevations, quality, flow directions, and velocities. 3) The Board of Adjustment may require the applicant to provide additional relevant hydrogeologic studies such as groundwater modeling, when: a) Dewatering is proposed at the mining site, b) Known contaminated groundwater resources exist within one-half mile of the mining site, c) Known karst features such as sink holes, stream sinks, springs, caves, joints, or fractures exist within one-half mile of the mining site, d) Exceptional, outstanding, and/or 303d WDNR-listed waters exist within one-half Page 16 of 311 14.4 Application February 20, 2004 14-8 St. Croix County Nonmetallic Mining Ordinance mile of the mining site, or e) Existing wells using the same or a shallower aquifer exist within 1200 feet of the mining site. 4) If groundwater modeling is required, the following minimum information shall be provided: a) Description and justification of all input data to groundwater models. b) Calibration of all groundwater models. c) Sensitivity analysis for all groundwater models. d) Detailed output from the hydrologic methods including the elevation of the water, elevation of the cone of depression caused by dewatering, groundwater flow directions, groundwater velocities, mounding elevations, and any potential effects on nearby surface water, springs, or users of surface and groundwater. e) Description of the possible existence of fractures or solution cavities in the geologic material and their effect on groundwater flow and land stability. e. As a condition of approval, the operator shall accept responsibility for remediation or the permit may be revoked. 9.8. TOPSOIL MANAGEMENT a. During operation, topsoil and topsoil substitute material shall be provided as specified in the reclamation plan to achieve the approved post-mining land use. Removal of on-site topsoil and topsoil substitute material, when specified in the reclamation plan, shall be performed prior to any mining activity associated with any specific phase of the mining operation. b. The operator shallmay obtain the amount of topsoil or topsoil substitute required to perform final reclamation on-site and/or by obtaining material off-site. c. Once removed, on-site topsoil or topsoil substitute material shall, as required by the reclamation plan, either be used in progressive reclamation or stored in an environmentally acceptable manner. The location of stored topsoil or topsoil substitute material shall protect the material from washing away, eroding, or disturbing or contaminating the area. Runoff shall be diverted around stored topsoil or topsoil substitute material. 10. BOUNDARY STAKING a. The perimeter area to be mined shall be staked or otherwise marked in a way acceptable to the Zoning Administrator. If a site has been permitted to be mined in stages, each area shall be staked or otherwise marked in a way acceptable to the Zoning Administrator. Stakes shall be at least 4 feet above grade and made of steel, fiberglass or other material acceptable to the Zoning Administrator. b. Painted wood lath may be used for operations of one year or less. c. Staking may be waived by the Zoning Administrator if the boundary of an area to be mined is the same as an existing fence line or other easily identifiable feature noted on the project plans. d. Staking shall be completed and notice of staking given to the Zoning Administrator at least 2 working days prior to commencing nonmetallic mining operations. 11. ON-SITE FUEL STORAGE a. All petroleum products kept onsite and related to the mining operation shall be stored in state approved fuel storage containers and shall be in accordance with federal standards for storage and fueling areas. b. RECLAMATION STANDARDS 1. FINAL GRADING AND SLOPES a. All areas affected by mining shall be addressed in the approved reclamation plan to provide that a stable and safe condition consistent with the post-mining land use is achieved. The reclamation plan may designate highwalls or other unmined and undisturbed natural solid bedrock as stable and safe and not in need of reclamation or designate other areas affected by Page 17 of 311 February 20, 2004 14.4 Application St. Croix County Nonmetallic Mining Ordinance 14-9 mining including slopes comprised of unconsolidated materials that exceed a 3:1 slope, whether or not graded, as stable and safe. For slopes designated as stable under this subsection, the Land UseZoning Administrator may require that either: a site-specific engineering analysis be performed by a registered professional engineer to demonstrate that an acceptable slope stability factor is attainable at a steeper slope, or the operator perform a field test plot demonstration to demonstrate that a stable and safe condition will be achieved and that the post-mining land use specified in the reclamation plan will not be adversely affected. b. Final reclaimed slopes covered by topsoil or topsoil substitute material may not be steeper than a 3:1 horizontal to vertical incline, unless found acceptable through one or more of the following: alternative requirements are approved under §14.2 B.4. of this ordinancechapter; steeper slopes are shown to be stable through a field plot demonstration approved as part of an approved reclamation plan; or stable slopes can be demonstrated based on site-specific engineering analysis performed by a registered professional engineer. All areas in the nonmetallic mine site where topsoil or topsoil substitute material is to be reapplied shall be graded or otherwise prepared prior to topsoil or topsoil substitute material redistribution to provide the optimum adherence between the topsoil or topsoil substitute material and the underlying material. c. When the approved post-mining land use includes a body of water, the approved final grade at the edge of a body of water shall extend vertically 6 feet below the lowest seasonal water level. A slope no steeper than 3:1 shall be created at a designated location or locations, depending on the size of the water body to allow for a safe exit. 2. TOPSOIL REDISTRIBUTION a. Topsoil or topsoil substitute material shall be redistributed in accordance with the reclamation plan in a manner which minimizes compaction and prevents erosion. b. Topsoil or topsoil substitute material shall be uniformly redistributed except where uniform redistribution is environmentally undesirable or impractical. c. Topsoil or topsoil substitute material shall not be redistributed during or immediately after a precipitation event that leaves the topsoil or topsoil substitute material too wet to be redistributed effectively. 3. REVEGETATION AND SITE STABILIZATION a. Except for permanent roads or other surfaces identified in the reclamation plan, all surfaces affected by nonmetallic mining shall be restored, reclaimed and/or restabilized by revegetation or other means. b. Revegetation and site stabilization shall be completed in accordance with the reclamation plan and shall be performed as soon as practicable after mining activity has permanently ceased in that area of the site. c. Revegetation shall consist of a variety of grasses and/or plants indigenous to the area. 4. ASSESSING COMPLETION OF SUCCESSFUL RECLAMATIONALTERNATE RECLAMATION STANDARDS a. The criteria for assessing when reclamation is complete and, therefore, when the financial assurance may be released shall be specified in the reclamation plan approved pursuant to this chapter. Criteria to evaluate reclamation success shall be quantifiable. b. Compliance with the revegetation success standards in the approved reclamation plan shall be determined by: (1) On-site inspections by St. Croix County or its agent; (2) Reports presenting results obtained during reclamation evaluations including summarized data on revegetation, photo-documentation or other evidence that the criteria approved in the reclamation plan to ascertain success have been met; or (3) A combination of inspections and reports. Page 18 of 311 14.4 Application February 20, 2004 14-10 St. Croix County Nonmetallic Mining Ordinance c. In those cases where the post mining land use specified in the reclamation plan requires a return of the mining site to a pre-mining condition, the operator shall obtain baseline data on the existing plant community for use in the evaluation of reclamation success pursuant to this section. d. Revegetation success may be determined by: (a) Comparison to an appropriate reference area; (b) Comparison to baseline data acquired at the mining site prior to its being affected by mining; or (c) Comparison to an approved alternate technical standard. c. Revegetation using a variety of plants indigenous to the area is favored. a. An operator of a nonmetallic mining operation may request an alternate standard to the reclamation standards. b. A request for an alternate standard may be incorporated into an application for a nonmetallic mining permit or may be requested as a modification to a nonmetallic mining permit. c. All requests for an alternate standard, whether for a land use permit or a conditional use permit, may only be allowed by the Board of Adjustment following the procedures in §17.70 (5)-(8) of the St. Croix County Zoning Ordinance. d. The Zoning Administrator shall provide written notice to the Department of Natural Resources within 10 working days of receiving a request for an alternate reclamation standard. e. An alternate reclamation standard may be established if the operator demonstrates that all of the following are met: 1) The nonmetallic mining site, the surrounding property, the operation plan or the reclamation plan has a unique characteristic that requires an alternate standard; 2) Unnecessary hardship to the landowner and/or operator will result unless the alternate standard is approved; and 3) Reclamation using the alternate standard will achieve the planned post-mining land use and long-term site stability in a manner that will not cause environmental pollution or threaten public health, safety or welfare. f. A specific decision on a request for an alternate reclamation standard will be made. It shall be in writing and shall explain why the alternate standard is or is not approved. g. A copy of the decision on an alternate reclamation standard shall be submitted to Department of Natural Resources within 10 working days of issuance. d. 5. INTERMITTENT MINING 1. INTERMITTENT MINING ALLOWED a. Intermittent mining may be conducted provided that intermittent cessation of the operation is addressed in the nonmetallic mining permit, no environmental pollution or erosion will occur or is occurring, and financial assurance for reclamation pursuant to §14.6 is maintained on all affected areas of the nonmetallic mining site that have not been reclaimed. 6. MAINTENANCE a. During the period of the site reclamation, after the operator has stated that reclamation is complete but prior to release of financial assurance, the operator shall perform any maintenance necessary to prevent erosion, sedimentation or environmental pollution, comply with the standards of this subchapter, or to meet the goals specified in the reclamation plan approved pursuant to this chapter. Page 19 of 311 February 20, 2004 14.4 Application St. Croix County Nonmetallic Mining Ordinance 14-11 14.3 NONMETALLIC MINING PERMIT A. PERMIT CONDITIONS 1. PERMIT REQUIRED a. A nonmetallic mining operation subject to this ordinance shall obtain a nonmetallic mining permit before commencing operations and maintain the permit during operations. The permit is obtained through the application procedures in §14.3. b. Nonmetallic mining may be permitted in any zoning district, except in the residential and conservancy districts. Nonmetallic mining may be permitted in the AG-2 district only if the mining is for agricultural or governmental purposes. c. A nonmetallic mining permit may be issued by the Zoning Administrator in the form of a land use permit if the nonmetallic mining operation: (1) will remove less than 10,000 cubic yards of material from the site, will be conducted for no more than 60 days and will not be conducted in a major subdivision; or (2) for a borrow site used in connection with a municipal contract for the construction, reconstruction, maintenance or repair of a public highway, railroad, airport facility or other transportation facility when the borrow site is not adjacent to the transportation facility property. d. Nonmetallic mining that does not fall within criteria in par. c may be permitted only by the Board of Adjustment in the form of a conditional use permit. The Board of Adjustment shall follow the procedures in §17.70 (5)-(8) of the St. Croix County Zoning Ordinance when considering an application. e. If an operator is not the owner of a nonmetallic mining site, the term of the nonmetallic mining permit shall not exceed the term of the lease and/or agreement between the operator and the owner of the nonmetallic mining site. 2. BORROW SITES a. The Zoning Administrator shall issue within 7 days of receipt of a complete application a nonmetallic mining permit for a borrow site if the borrow site: 1) Will be mined in connection with a municipal agreement for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility or other transportation facility; 2) Will be mined and reclaimed within 36 months; 3) Will be reclaimed in accordance with Wisconsin Department of Transportation requirements for the restoration of nonmetallic mining sites; 4) Is not otherwise exempt from the requirements of this ordinance b. The notice and hearing requirements in §14.4 A.4. are not applicable to borrow sites qualifying for a nonmetallic mining permit under this section. c. In lieu of a reclamation plan, the applicant may provide the Zoning Administrator with a copy of the municipal contract reclamation requirements for a borrow site qualifying for a nonmetallic mining permit under this section. d. No financial assurance will be required for a borrow site qualifying for a nonmetallic mining permit under this section. e. No fee shall be charged for review of a reclamation plan for a borrow site qualifying for a nonmetallic mining permit under this section. f. The annual fees in §14.8 shall be paid for borrow sites qualifying for a nonmetallic mining permit under this section. However, the amount of the annual fees (both county and state) shall not exceed the amount shown in Wisconsin Administrative Code Chapter NR 135.39(4)(c), Table 2. g. Material from a borrow site qualifying for a nonmetallic mining permit under this section may be obtained for other purposes, provided the other purposes are identified in the nonmetallic Page 20 of 311 14.4 Application February 20, 2004 14-12 St. Croix County Nonmetallic Mining Ordinance mining permit application. h.a. In lieu of the annual report required in §14.9, the operator of a borrow site qualifying for a nonmetallic mining permit under this section is required to submit only information necessary to identify the borrow site and to determine the annual fee. 3. PERMIT MODIFICATION a. A nonmetallic mining permit may be modified. The notice and hearing procedures for an application contained in §14.4 A.4. shall be followed for permit modification. b. A nonmetallic mining permit modification procedure may be commenced by the Zoning Administrator if a nonmetallic mine is alleged to be out of compliance with a law, rule, regulation or ordinance, or is a threat to the public health or safety. The operator shall submit new information relating to operation, reclamation or financial assurances if requested by the Zoning Administrator. c. An operator may request a modification to his/her nonmetallic mining permit by following the nonmetallic mining permit application procedure. A modification requested by an operator may be granted only if it is in the public interest. d. An operator shall request a modification to his/her nonmetallic mining permit if changes occur to the mining site which make modifications to the reclamation plan necessary to protect the public interest. 4. REVOCATION OF PERMIT a. Every applicant for a nonmetallic mining permit is charged with knowledge of the requirements of all state laws, rules and regulations and St. Croix County ordinances relating to or affecting nonmetallic mining and/or the land upon which a mine is located. Any incorrect or false statement made by an applicant, or issuance of a nonmetallic mining permit contrary to a law, rule, regulation or ordinance, is grounds for revocation of the permit. 5. PERMIT TERMINATION a. A nonmetallic mining permit shall terminate when reclamation is completed. 6. MINE AREA AND PERMIT DURATION a. Mines of up to 20 acres in area and operation periods of up to five years may be permitted. Expansions of existing mines of up to 20 acres in area and/or renewals of operating permits for periods of up to five years may be granted in the same manner as initial permits. b. To accommodate larger nonmetallic mines, a long range comprehensive plan may be applied for and approved for nonmetallic mines sites for more than 20 acres in area provided they operate in accordance with their approved mining plan, but in no case shall an area greater than 20 acres be open for mining at one time. Permits for such operations shall be subject to an annual review and may be modified based on changes in law, rules, regulations, ordinances or industry standards. 7. PERMIT TRANSFER a. A nonmetallic mining permit may be transferred to a different operator if the new operator provides a financial assurance and receives approval from the Zoning Administrator or the Board of Adjustment (whoever issued the permit initially). The existing financial assurance shall remain in effect until the new operator’s financial assurance is approved. 8. FINANCIAL ASSURANCE a. Following the granting of a nonmetallic mining permit, and before commencing any mining activities, the operator shall file a financial assurance with the Zoning Administrator as set out in §14.7. 9. ANNUAL FEE a. Annual fees will be assessed on the number of unreclaimed acres at nonmetallic mining sites as set out in §14.8. Page 21 of 311 February 20, 2004 14.4 Application St. Croix County Nonmetallic Mining Ordinance 14-13 14.414.3 PERMITTINGAPPLICATION a. NONMETALLIC MINING RECLAMATION PERMIT APPLICATION 1. GENERAL INFORMATION Every owner, and operator that isn’t the owner, of a proposed or existing nonmetallic mining site subject to this ordinance shall submit an application for a nonmetallic mining permit or permit renewal to the Zoning Administrator pursuant to this section. a. No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance unless the activity is specifically exempted in subs 14.1C. and 14.1E. b. All operators of nonmetallic mining sites shall apply for a reclamation permit from St. Croix County. b. No application for a nonmetallic mining permit or permit renewal shall be considered complete unless all the information required by this section is provided c. The application for a nonmetallic mining permit or permit renewal shall be made on forms provided by the Zoning Administrator and be signed by the landowner and the operator if not the landowner or his/her agent. Agent does not include a prospective purchaser of the property. Town deputy zoning administrators are not authorized to issue nonmetallic mining permits. d. No application shall be accepted by the Zoning Administrator if the parcel for which a nonmetallic mining permit is being requested is not in compliance with any provision of this ordinance or other St. Croix County land use and development ordinances. e. A nonmetallic mining permit issued in violation of any provision of this ordinance is null and void. f.a. To avoid duplication, the application may reference information already on file with the Zoning Administrator. g. Upon receipt of a completed application, the Zoning Administrator shall notify in writing the Deputy Zoning Administrator of the town in which the nonmetallic mining site is located. 2. CONTENT OF APPLICATION a. All applications for reclamation permits under this section shall be accompanied by the following information:An application shall contain the following: 1) A brief description of the general location and nature of the nonmetallic mine. 1)2) The name, address, telephone number and e-mail address of all persons or entities who are owners or lessors of the property on which the nonmetallic mining site is located. 2)3) The name, address, telephone number and e-mail address of any operator of the nonmetallic mining operation. 4) The legal description and parcel identification number of the property on which the nonmetallic mining site is located. 5) A certification by the operator of his or her intent to comply with the statewide nonmetallic mining reclamation standards established by sub 14.2. 6) The plan review and annual fees required. 7) A reclamation plan conforming to s. 14.4. 1)8) A certification that the operator will provide, as a condition of the reclamation permit, provide financial assurance as required by s. 14.5 upon granting of the reclamation permit and before mining begins 2) A copy of a fully executed lease between the operator and the owner of the property on which the nonmetallic mining site is located and/or an agreement between the operator and owner to conduct a nonmetallic mining operation on the owner’s property. 3) An aerial photo at a scale of 1 inch = 660 feet, showing the name of the operator and boundaries of the nonmetallic mining site. 4) A map drawn to a scale of not less than 1 inch = 200 feet showing (all horizontal Page 22 of 311 14.4 Application February 20, 2004 14-14 St. Croix County Nonmetallic Mining Ordinance measurements shall be referenced to a permanent reference point of the St. Croix County coordinate system): a) The name of the operator. b) The town within which the nonmetallic mining site is located. c) The boundaries of the nonmetallic mining site. d) The total acres of the nonmetallic mining site. e) The location and name of all roads in and within one mile of the nonmetallic mining site boundaries including temporary roads. f) The location and name of all lakes, ponds and flowages, rivers, streams, wetlands, drainage patterns and other water features in and within 1200 feet of the nonmetallic mining site boundaries. g) The location of all private and municipal wells within 1200 feet of the nonmetallic mining site boundaries. h) The components of the operation, including buildings, other structures, equipment, stockpiles, storage areas and parking areas. For existing nonmetallic mining sites, show the boundaries of previous excavations, stockpiles, sediment basins, wash plants and areas previously mined. i) The location and identity of all man-made features on or adjacent to the site. 5) A topographic map of the nonmetallic mining site and 200 feet beyond the site boundaries at contour intervals no wider than 10 feet. 6) The length, width and depth of the excavation, and the elevation of observed or estimated groundwater within and adjacent to the site determined by existing hydrogeologic information. In specific instances where the existing hydrogeologic information is insufficient for purposes of the reclamation plan, the applicant may supplement the information with the opinion of a licensed professional geologist or hydrologist. All horizontal and vertical measurements shall be referenced to a permanent reference point of the St. Croix County coordinate system. 7) The distribution, thickness and type of topsoil on the site. 8) The geological composition and depth of the nonmetallic deposit. 9) Information about the biological resources, plant communities and wildlife use on and adjacent to the nonmetallic mining site. 10) An operation plan. See §14.5 for operation plan requirements. 11) A reclamation plan. See §14.6 for reclamation plan requirements. 12) All required fees. Fees are listed in a fee schedule maintained by the Zoning Administrator. 13) Additional relevant information deemed necessary by the Zoning Administrator to apply all applicable ordinance requirements and standards. 3. APPLICATION FEE a. An application fee shall be paid at the time an application for a nonmetallic mining permit is submitted. The fee’s purpose is to contribute to or cover the cost of processing and reviewing the application, publishing public notices, conducting public hearings and inspecting nonmetallic mining sites prior to permitting. b. The amount of the application fee shall be established by the Zoning Administrator with the approval of the St. Croix County Planning and Zoning Committee. The amount of the fee shall be modified from time to time to reflect current costs. The fee shall be published by the Zoning Administrator in a current fee schedule. c. An additional fee shall be paid when a request to modify an existing permit is made by the operator. The fee shall be for the same purposes and in the same manner as stated in par. a. d. If a nonmetallic mining permit application is submitted and subsequently withdrawn before any review actually begins, the application fee shall be refunded. No portion of the application fee shall be refunded after actual review of the application begins. Page 23 of 311 February 20, 2004 14.4 Application St. Croix County Nonmetallic Mining Ordinance 14-15 4.3. NOTICE AND HEARING a. St. Croix County shall provide public notice and the opportunity for a public informational hearing. b. When St. Croix County receives a completed application to issue a reclamation permit, it shall publish a public notice of the application no later than 30 days after receipt. c. The notice shall briefly describe the mining and reclamation planned at the nonmetallic mining site. The notice shall be published as a class 1 notice pursuant to s. 985.07(1), Stats., in the official newspaper of St. Croix County The notice shall mention the opportunity for public hearing pursuant to this section and shall give the locations at which the public may review the application and all supporting materials including the reclamation plan. d. Copies of the notice shall be forwarded to applicable municipality, local planning organization, county land conservation officer, and owners of land within 300 feet of the boundaries of the parcel or parcels of land on which the site is located. e. If St. Croix County conducts a zoning-related hearing on the nonmetallic mine site, the County shall provide the opportunity at this hearing to present testimony on reclamation-related matters. This opportunity shall fulfill the requirement for public hearing for a nonmetallic mining reclamation permit required by this section. St. Croix County shall consider the reclamation-related testimony in the zoning-related hearing in deciding on a permit application pursuant to this chapter. f. If there is no opportunity for a zoning-related hearing on the nonmetallic mine site as described above, opportunity for a public hearing required by this section shall be provided as follows. Any person residing within, owning property within, or whose principal place of business is within 300 feet of the boundary of the parcel or parcels of land in which the nonmetallic mining site is located or proposed may request a public informational hearing. St. Croix County shall hold a public hearing if requested by any of these persons within 30 days of the actual date of public notice. This public informational hearing shall be held no sooner than 30 days nor later than 60 days after being requested. The hearing shall be conducted as an informational hearing for the purpose of explaining and receiving comment from affected persons on the nature, feasibility and effects of the proposed reclamation The subject matter and testimony at this informational hearing shall be limited to reclamation of the nonmetallic mine site.. g. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine. a. Within 30 days of receipt of a complete application for a nonmetallic mining permit, the Zoning Administrator shall publish in the official county newspaper a class 2 notice of the receipt of the application and: 1) If the permit is one issued by the Zoning Administrator, the notice shall state that any person residing within, owning property within or conducting business within 300 feet of the nonmetallic mining site may, within 30 days of the date of publication of the notice, request a public hearing on the application for the nonmetallic mining permit. A hearing will be held by the Zoning Administrator no sooner than 30 days nor later than 60 days from the date of the request. Another class 2 notice shall be published for the hearing; or 2) If the permit is one issued by the Board of Adjustment, a hearing shall be conducted. Notice of the time, place and subject matter of the hearing shall be given in the manner normally used for all other applications heard by the Board of Adjustment. b. A copy of the public notice shall be forwarded to: 1) The Planning and Zoning Committee. 2) The Land and Water Conservation Department. 3) The town within which the nonmetallic mine is located. 4) Owners of land within 300 feet of the nonmetallic mining site. 5) The Wisconsin Department of Natural Resources. c. Failure to forward a copy of the public notice as required shall not invalidate the public hearing or a subsequent decision. 5.4. DECISION ON APPLICATION a. A decision on an application for a nonmetallic mining permit issued by the Zoning Page 24 of 311 14.4 Application February 20, 2004 14-16 St. Croix County Nonmetallic Mining Ordinance Administrator shall be made within 630 days of the public hearing or within 30 days of the last day for requesting a public hearing. The decision shall be in writing. If the decision is a denial, the reasons for denial shall be stated. A decision of the Zoning Administrator may be appealed to the Board of Adjustment. pursuant to St. Croix County Zoning Ordinance §17.70 (5)-(8). b. A decision on an application for a nonmetallic mining permit issued by the Board of Adjustment shall be made in accordance with St. Croix County Zoning Ordinance §17.70 (5)- (8). A decision made by the Board of Adjustment may be appealed pursuant to Wisconsin Statutes §59.694(10). c.b. Any application shall be denied if the operator or the operator’s agent, principal or predecessor has, within 10 years of filing an application for a nonmetallic mining permit, shown a pattern of serious violations of this or a predecessor ordinance or of federal, state or local environmental laws, rules, regulations or ordinances related to nonmetallic mining. Serious violations include, but are not limited to: 1) Rulings or adjudications against an operator or the operator’s agent, principal or predecessor in administrative or judicial proceedings. 2) Suspensions or revocations of nonmetallic mining permits pursuant to this or a predecessor ordinance, other ordinances or Wisconsin Administrative Code Chapter NR 135. 3) Forfeitures of financial assurances. 5. AUTOMATIC PERMIT FOR LOCAL TRANSPORTATION-RELATED MINES a. St. Croix County shall automatically issue an expedited permit under this subsection to any borrow site that: 1) Will be opened and reclaimed under contract with a municipality within a period not exceeding 36 months 2) Is a nonmetallic mine which is intended to provide stone, soil, sand or gravel for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility or other transportation facility under contract with the municipality 3) Is regulated and will be reclaimed under contract with the municipality in accordance with the requirements of the Wisconsin Department of Transportation concerning the restoration of nonmetallic mining sites 4) Is not a commercial source 5) Will be constructed, operated and reclaimed in accordance with applicable zoning requirements, if any 6) Is not otherwise exempt from the requirements of this chapter. b. In this subsection, “municipality” has the meaning defined in s. 299.01(8), Stats. Automatic permits shall be issued under this subsection in accordance with the following provisions: 1) The applicant shall notify St. Croix County of the terms and conditions of the contract with respect to reclamation of the proposed borrow site. 2) The applicant shall provide evidence to St. Croix County to show that the borrow site and its reclamation will comply with applicable zoning requirements, if any. 3) St. Croix County shall accept the contractual provisions incorporating requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan. 4) St. Croix County shall accept the contractual provisions in lieu of the financial assurance requirements. 5) The public notice and hearing provisions do not apply to nonmetallic mining sites that are issued automatic permits under this subsection. 6) Mines permitted under this subsection shall pay an annual fee to St. Croix County but shall not be subject to the plan review fee. 7) St. Croix County shall issue the automatic permit within 7 days of the receipt of a complete application. 8) If the borrow site is used to concurrently supply materials for other than the local transportation project, the automatic permitting in this subsection still applies provided the Page 25 of 311 February 20, 2004 14.4 Application St. Croix County Nonmetallic Mining Ordinance 14-17 site will be reclaimed under a contractual obligation with the municipality in accordance with the Wisconsin Department of Transportation requirements. 9) The operator of a borrow site under this subsection is required to submit only the information in an annual report necessary to identify the borrow site and to determine the applicable annual fee. 6. EXPEDITED REVIEW a. Any operator of a nonmetallic mining site may request expedited review of a reclamation permit application as follows: 1) The operator may submit a request for expedited permit review with payment of the expedited review fee. This request shall state the need for such expedited review and the date by which such expedited review is requested. 2) The operator may submit a request for expedited review under this subsection if the applicant requires a reclamation permit to perform services under contract with a municipality. This request for expedited review shall state the need for expedited review and shall include a copy of the applicable sections of the contract and the date by which the expedited review is requested. 3) Following receipt of a request under this subsection, the County shall inform the applicant of the estimated date for decision on issuance of the permit. If the applicant then elects not to proceed with the expedited review, the fee paid under sub. (1) shall be returned. 4) Expedited review under this subsection shall not waive, shorten or otherwise affect the public notice and right of hearing. This subsection does not impose an obligation upon the regulatory authority to act upon a permit application under this subsection by a specific date. 7. PERMIT CONDITIONS a. Any decision under this section may include conditions as provided below: 1) St. Croix County may issue a reclamation permit or approve a reclamation plan subject to general or site-specific conditions if needed to assure compliance with the nonmetallic mining reclamation requirements of this chapter. The approvals may not include conditions that are not related to reclamation 2) One required condition of the issued permit shall be that the new mine obtain financial assurance prior to beginning mining. 8. Alternative Requirements a. An operator of a nonmetallic mining site may request an alternative requirement to the reclamation standards. St. Croix County may approve an alternative requirement to the reclamation standards established in this chapter if the operator demonstrates and the County finds that all of the following criteria are met: 1) The nonmetallic mining site, the surrounding property or the mining plan or reclamation plan has a unique characteristic which requires an alternative requirement. 2) Unnecessary hardship which is peculiar to the nonmetallic mining site or plan will result unless the alternative requirement is approved. 3) Reclamation in accordance with the proposed alternative requirement will achieve the planned post-mining land use and long term site stability in a manner that will not cause environmental pollution or threaten public health, safety or welfare. 9. PERMIT DURATION a. A nonmetallic mining reclamation permit issued under this chapter shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked. b. If the mine operator is not the landowner, the reclamation permit duration shall not exceed the duration of the mine lease unless the lease is renewed or the permit is transferred to a subsequent lessee. 10. PERMIT TRANSFER a. A nonmetallic mining reclamation permit issued under this chapter shall be transferred to a new owner or operator upon satisfaction of the following conditions: Page 26 of 311 14.4 Application February 20, 2004 14-18 St. Croix County Nonmetallic Mining Ordinance 1) A nonmetallic mining reclamation permit may be transferred to a new operator upon submittal to St. Croix County of proof of financial assurance and a certification in writing by the new permit holder that all conditions of the permit will be complied with. 2) The transfer is not valid until financial assurance has been submitted by the new operator and accepted by the county and St. Croix County makes a written finding that all conditions of the permit will be complied with. The previous operator shall maintain financial assurance until the new operator has received approval and provided the financial assurance under this section. 11. PERMIT MODIFICATION a. A nonmetallic mining permit may be modified. The notice and hearing procedures for an application shall be followed for permit modification. b. A nonmetallic mining permit modification procedure may be commenced by the Land Use Administrator if a nonmetallic mine is alleged to be out of compliance with a law, rule, regulation or ordinance, or is a threat to the public health or safety. The operator shall submit new information relating to operation, reclamation or financial assurances if requested by the Zoning Administrator. c. An operator may request a modification to his/her nonmetallic mining permit by following the nonmetallic mining permit application procedure. A modification requested by an operator may be granted only if it is in the public interest. d. An operator shall request a modification to his/her nonmetallic mining permit if changes occur to the mining site which make modifications to the reclamation plan necessary to protect the public interest. 12. REVOCATION OF PERMIT a. Every applicant for a nonmetallic mining permit is charged with knowledge of the requirements of all state laws, rules and regulations and St. Croix County ordinances relating to or affecting nonmetallic mining and/or the land upon which a mine is located. Any incorrect or false statement made by an applicant, or issuance of a nonmetallic mining permit contrary to a law, rule, regulation or ordinance, is grounds for revocation of the permit. 13. PERMIT TERMINATION a. A nonmetallic mining permit shall terminate when reclamation is completed. 14. MINE AREA AND PERMIT DURATION a. Mines of up to 20 acres in area and operation periods of up to five years may be permitted. Expansions of existing mines of up to 20 acres in area and/or renewals of operating permits for periods of up to five years may be granted in the same manner as initial permits. b. To accommodate larger nonmetallic mines, a long range comprehensive plan may be applied for and approved for nonmetallic mines sites for more than 20 acres in area provided they operate in accordance with their approved mining plan, but in no case shall an area greater than 20 acres be open for mining at one time. Permits for such operations shall be subject to an annual review and may be modified based on changes in law, rules, regulations, ordinances or industry standards. 15. PERMIT TRANSFER a. A nonmetallic mining permit may be transferred to a different operator if the new operator provides a financial assurance and receives approval from the Zoning Administrator or the Board of Adjustment (whoever issued the permit initially). The existing financial assurance shall remain in effect until the new operator’s financial assurance is approved. Page 27 of 311 February 20, 2004 14.4 Application St. Croix County Nonmetallic Mining Ordinance 14-19 16. PREVIOUSLY PERMITTED SITES a. For any nonmetallic mining site which had a reclamation permit previously issued by another regulatory authority pursuant to Chapter NR 135, Wisconsin Administrative Code that becomes subject to reclamation permitting authority of St. Croix County, the terms and conditions of the previously-issued municipal reclamation permit shall remain in force until modified by St. Croix County. 17. REVIEW a. Any permitting decision or action made by St. Croix County under this chapter may be reviewed as set forth in this section. Notwithstanding ss. 68.001, 68.03 (8) and (9), 68.06 and 68.10 (1) (b), Stats., any person who meets the requirements of s. 227.42 (1), Stats., may obtain a contested case hearing under s. 68.11, Stats., on St. Croix County 's decision to issue, deny or modify a nonmetallic mining reclamation permit. Page 28 of 311 Page 29 of 311 February 20, 2004 14.5 Operation St. Croix County Nonmetallic Mining Ordinance 14-15 14.5 OPERATION A. NONMETALLIC MINING OPERATION 1. GENERAL INFORMATION a. Nonmetallic mining shall be conducted in accordance with a written operation plan. An operation plan shall be submitted with the application for a nonmetallic mining permit. b. Intermittent mining may be conducted provided that intermittent cessation of the operation is addressed in the nonmetallic mining permit, no environmental pollution or erosion will occur, and financial assurance is maintained for areas of intermittent mining not reclaimed. 2. OPERATION PLAN a. An operation plan shall contain the following: 1) The name of the operator and location of the nonmetallic mining site. 2) The dates of commencement and cessation of the operation. 3) A description of the mining methods that will be used to extract and process the material. 4) A description of the machinery and equipment to be used. 5) The estimated volume of material to be removed on an annual basis. 6) The estimated total volume to be removed throughout the duration of the mine. 7) Proposed travel routes. 8) Days and hours of operation. 9) Measures to be taken to screen the operation from view of adjacent land, temporary erosion control measures, and measures to be taken to minimize noise and dust during operation. 10) Method of topsoil stripping and storage. 11) The estimated daily quantity of water required, water source, and method of disposing of water. 12) Where mining into groundwater is proposed, additional operational data as required in §14.2 A.8.d.2). 13) Any other information deemed necessary owing to the uniqueness or other special circumstances of a site, site owner, operator or application. Page 30 of 311 Page 31 of 311 February 20, 2004 14.6 Reclamation St. Croix County Nonmetallic Mining Ordinance 14-17 14.614.5 RECLAMATION A. RECLAMATION OF NONMETALLIC MINING SITE 1. GENERAL INFORMATION a. Nonmetallic mining sites shall be reclaimed in accordance with a written reclamation plan. A reclamation plan shall be submitted with the application for a nonmetallic mining permit. b. The reclamation plan shall specify a post-mining land use for the nonmetallic mining site. The post-mining land use shall be consistent comply with local land use plans, the county zoning ordinance, and all applicable federal, state and other local plans, ordinances, rules and regulations. c. Nonmetallic mining conducted on land zoned for agricultural use pursuant to Wisconsin Statute Chapter 91s § 91.71 – 91.79 shall be restored to an agricultural use. d. After the operator has stated that reclamation is complete but prior to the release of the financial assurance, the operator shall maintain the reclaimed site as may be necessary to prevent erosion, sedimentation or environmental pollution, or meet the requirements of the reclamation plan. 2. RECLAMATION PLAN a. The reclamation plan shall contain the following: 1) The name of the operator and the location of the nonmetallic mining site. 2) An overview of the reclamation plan, including the post-mining land use and the methods and sequence for completion. 3) Maps of the nonmetallic mining site including the general location, property boundaries, the aerial extent, geologic composition and depth of the nonmetallic mineral deposit, the distribution, thickness and type of topsoil, the location of surface waters and the existing drainage patterns, the approximate elevation of ground water, as determined by existing hydrogeologic information. In specific instances where the existing hydrogeologic information is insufficient for purposes of the reclamation plan, the applicant may supplement the information with the opinion of a licensed professional geologist or hydrologist. 4) Topsoil or topsoil substitute material, if required to support revegetation needed for reclaiming the site to approved post-mining land use, can be identified using county soil surveys or other available information. including that obtained from a soil scientist or the University of Wisconsin soil science extension agent or other available information resources. 5) Information available to the mine operator on biological resources, plant communities, and wildlife use at and adjacent to the proposed or operating mine sites. 6) Existing topography as shown on contour maps of the site at 1 and 5 foot contour intervals. 2)7) For proposed nonmetallic mining sites that include previously mined areas, a plan view drawing showing the location and extent of land previously affected by nonmetallic mining, including the location of stockpiles, wash ponds and sediment basins. 3)8) A drawing or map which shows roads, buildings and other structures remaining after reclamation. 4)9) A drawing or map which shows the topography of the site and any water impoundments or artificial lakes needed to support the land use after reclamation. 5)10) A description of and the volume of topsoil and/or topsoil substitute material and other earth materials, to be used to complete reclamation, and the methods for stripping, storing, stabilizing, reapplying and conserving these materials during reclamation. If off- site material is used, a description of the source, type and volume of that material shall be included. 6)11) A description of the earthwork and related activities, including final slope angles, high Page 32 of 311 14.7 Financial Assurance February 20, 2004 14-18 St. Croix County Nonmetallic Mining Ordinance wall reduction, benching, terracing and other structural slope stabilization measures, and if necessary a site-specific engineering analysis performed by a professional engineer. 7)12) An estimate of the total cost of reclamation and, if applicable, the cost of each stage of reclamation. 8)13) A description of erosion control measures to be employed during reclamation activities. 9)14) A description of the disposition of man-made features and related facilities after cessation of mining. 10)15) An estimate of the total cost of reclamation and the cost for each phase of reclamation if it is to be done progressively. 11)16) A description of revegetation, including: timing and methods of seedbed preparation; types and rates of soil amendments; timing, methods and rates of seeding; mulching, netting and/or other methods of soil and slope stabilization. 12) A description of erosion control measures to be utilized during reclamation. 13)17) A timetable for reclamation activities. 14)18) A description of any area which will be temporarily reclaimed but subsequently mined again for which the operator will request a partial waiver of annual fees and financial assurance. 15)19) Quantifiable standards for revegetation that show the vegetation will support the post-mining land use, including percent of vegetative cover, plant productivity, plant density and diversity. 16)20) If the post-mining land use returns the nonmetallic mining site to a pre-mining condition, baseline data on the existing plant community for use in evaluating the success of the reclamation. 17)21) A description of how the reclamation plan addresses the long-term safety of the reclaimed mining site. The description shall include a discussion of site-specific safety measures to be implemented at the site and include measures that address public safety with regard to adjacent land uses. Safety measures may include but are not limited to visual warnings, physical barriers, slope modifications such as reclamation blasting, scaling of the rock face, creation of benches. Other measures may be employed if found to be equivalent by a professional engineer. 18) A description of the financial assurance. Details of the financial assurance are in §14.7. 22) The operator shall provide a signed certification that reclamation will be carried out in accordance with the reclamation plan. In cases where the operator is not the landowner, then the operator shall either obtain a signed certification of the landowner that they concur with the reclamation plan and will allow its implementation or the operator shall provide written evidence that the landowner has been provided with a written copy of the reclamation plan. 19)23) Criteria for successful reclamation. The reclamation plan shall contain criteria for assuring successful reclamation b. The operator shall keep a copy of the reclamation plan at the nonmetallic mine or, if not practicable, at the operators nearest office. c. Approval of Reclamation Plan. St. Croix County shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing. Conditional approvals and denials of reclamation plans shall be made according to this ordinancechapter. Page 33 of 311 February 20, 2004 14.6 Reclamation St. Croix County Nonmetallic Mining Ordinance 14-19 14.7 FINANCIAL ASSURANCE A. FINANCIAL ASSURANCE 1. FINANCIAL ASSURANCE REQUIRED a. Prior to commencing any mining activities, the operator shall file a financial assurance with the Land UseZoning Administrator which guarantees a specified amount of money available to St. Croix County for reclamation if the operator fails to reclaim, in whole or in part, the nonmetallic mining site. a.b. St. Croix County Shall provide written notification to the operator of the amount of financial assurance required. b.c. If the operator fails to complete reclamation as required, the Land UseZoning Administrator shall arrange for completion of reclamation utilizing whatever amount of the financial assurance is necessary to pay for the reclamation. c.d. A financial assurance is not required for nonmetallic mining conducted by the state, a state agency, board, commission or department, municipality or other governmental unit. 2. FORM, AMOUNT AND DURATION OF FINANCIAL ASSURANCE a. The financial assurance shall be in the form of a bond or an alternate form, including cash, certificate of deposit, net worth, irrevocable letter of credit, irrevocable trusts, escrow account, and government securities. If the Zoning Administrator grants the nonmetallic mining permit he/she shall approve the form of the financial assurance. If the Board of Adjustment grants the nonmetallic mining permit it shall approve the form of the financial assurance. The financial assurance may be a combination of forms. a.b. The amount of financial assurance shall equal as closely as possible the cost of the regulatory authority hiring a contractor to complete reclamation according to the approved reclamation plan. b.c. The financial assurance shall be available or payable exclusively to St. Croix County. c.d. Interest earned on the financial assurance shall be payable to the operator without restriction. d.e. The financial assurance shall allow the county to utilize it for progressive and final reclamation. e.f. The Zoning Land Use Administrator shall periodically review the financial assurance to ensure it is sufficient to cover current reclamation costs. f.g. The period of financial assurance is dictated by the period of time required to establish the post mining land use, and shall be released upon successful completion of the reclamation plan. A portion of the financial assurance shall be released in an amount equal to the cost of a progressive reclamation stage successfully completed. 3. MULTIPLE SITES a. The operator of two or more nonmetallic mining sites subject to this ordinancechapter may elect to provide a single financial assurance for those sites in lieu of separate financial assurances for each site. b. If an operator elects to provide a single financial assurance for multiple nonmetallic mining sites, no financial assurance previously provided shall be released until a new financial assurance has been approved. 4. MULTIPLE JURISDICTIONS a. In cases where more than one regulatory authority has jurisdiction, a cooperative financial security arrangement may be developed and implemented by the regulatory authorities to avoid requiring the permittee to prove financial assurance with more than one regulatory authority for the same nonmetallic mining site. Financial assurance is required for each site and two or more sites of less than one acre by the same operator, except that governmental units are not required to obtain financial assurance. Page 34 of 311 14.7 Financial Assurance February 20, 2004 14-20 St. Croix County Nonmetallic Mining Ordinance 5. CERTIFICATION OF COMPLETION AND RELEASE a The operator shall notify the regulatory authority, by filing a notice of completion, at the time that he or she determines that reclamation of any portion of the mining site or the entire site is complete. St. Croix County shall inspect the mine site or portion thereof that was the subject of the notice of completion to determine if reclamation has been carried out in accordance with the approved reclamation plan. St. Croix County may partially release the financial assurance if it determines that compliance with a portion of the reclamation plan has been achieved and requires no waiting period. After determining that reclamation is complete, St. Croix County shall issue a certificate of completion and shall release the financial assurance or appropriately reduce the financial assurance in the case of reclamation of a portion of the mining site. b. St. Croix County shall make a determination of whether or not the certification in par. (a) can be made within 60 days that the request is received. c. St. Croix County may make a determination under this subsection that: 1. Reclamation is not yet complete; 2. It is not possible to assess whether reclamation is complete due to weather conditions, snow cover or other relevant factors; 3. Reclamation is complete in a part of the mine; or 4. Reclamation is fully complete. 6. FORFEITURE. Financial assurance shall be forfeited if any of the following occur: a. A permit is revoked and the appeals process has been completed. b. b. An operator ceases mining operations and fails to reclaim the site in accordance with the reclamation plan. 4.7. CANCELLATION a. A financial assurance may not be canceled by the issuer or guarantor unless the financial assurance provides for cancellation. Notice of intent to cancel shall be given not less than 90 days prior to cancellation. Written notice of intent to cancel shall be delivered to the Land UseZoning Administrator personally or by registered or certified mail. If cancelled, written notice of cancellation shall be given immediately. b. Not less than 30 days prior to the expiration date stated in the notice of cancellation, the operator shall provide a new financial assurance acceptable to the ZoningLand Use Administrator or the Board of Adjustment. c. In the absence of an approved financial assurance, all nonmetallic mining shall cease and shall not resume until an approved financial assurance is obtained by the operator. Reclamation activities are not affected by this paragraph. Page 35 of 311 February 20, 2004 14.7 Financial Assurance St. Croix County Nonmetallic Mining Ordinance 14-19 5.8. CHANGE IN FORM a.d. The operator may change the form of financial assurance with the written approval of the Land UseZoning Administrator or Board of Adjustment. The form may not be changed more than once a year unless necessitated by par. c below. b.e. The operator shall give the Land Use Zoning Administrator or Board of Adjustment at least 60 days prior written notice of intent to change the form of the financial assurance. c.f. The Land Use Zoning Administrator may adjust the amount of the financial assurance based on changes in estimated costs of reclamation. The Land UseZoning Administrator shall notify the operator in writing of such required change and explain the basis for the change. The operator shall make the required change or request, in writing, a hearing before the Board of Adjustment within 60 days of receipt of the notice. 6.9. INTERIM RECLAMATION REDUCTION OR REMOVAL a.g. If the Land UseZoning Administrator determines that an area within a nonmetallic mining site has been successfully reclaimed on an interim basis in accordance with the reclamation plan, the Land UseZoning Administrator may reduce the financial assurance requirement for that area. 7.10. BANKRUPTCY a.h. The operator of a nonmetallic mine named as a debtor in a voluntary or involuntary bankruptcy proceeding commenced pursuant to 11 U.S.C. §§101 et seq. shall notify the Land Use Zoning Administrator within 10 days of commencement of the proceeding. 11. ADJUSTMENT OF FINANCIAL ASSURANCE a. Financial assurance may be adjusted when required by St. Croix County. St. Croix County may notify the operator in writing that adjustment is necessary and the reasons for it. St. Croix County may adjust financial assurance based upon prevailing or projected interest or inflation rates, or the latest cost estimates for reclamation. 12. NET WORTH TEST a. Only an operator that meets the definition of “company” in Wis. Stat. §s. 289.41 (1) (b), Stats., may use the net worth method of providing financial assurance. b. The operator shall submit information to the regulatory authority in satisfaction of the net worth test requirements of Wis. Stat. § s. 289.41 (4), Stats. The criteria in Wis. Stat. §§secs. 289.41 (6) (b), (d), (e), (f), (g), (h) and (i), Stats., shall apply. c. An operator using the net worth test to provide financial assurance for more than one mine shall use the total cost of compliance for all mines in determining the net worth to reclamation cost ratio in accordance with Wis. Stat. § s. 289.41 (6), Stats. d. Determinations under the net worth test shall be done in accordance with Wis. Stat. § s. 289.41 (5), Stats. e. In addition, the operator shall submit a legally binding commitment to faithfully perform all compliance and reclamation work at the mine site that is required under this chapter. Page 36 of 311 14.8 Annual Fees February 20, 2004 14-20 St. Croix County Nonmetallic Mining Ordinance 14.8 ANNUAL FEES A. ANNUAL FEES 1. PURPOSE OF ANNUAL FEES a. Pursuant to Wisconsin Administrative Code §NR § 135.39, a nonmetallic mining operator shall pay two annual fees to St. Croix County. One annual fee is collected for the Department of Natural Resources; its annual fee shall be equal to the department’s costs to inspect, enforce, consult with and audit the activities of the St. Croix County Community DevelopmentZoning Department relating to nonmetallic mining site reclamation. The second annual fee is retained by the county; its annual fee shall as closely as possible equal the county’s expenses to administer the program, including but not limited to the examination and approval of plans, costs to ensure compliance, and inspecting nonmetallic mining sites. 2. AREAS SUBJECT TO FEES a. Fees paid under this section shall be calculated based on the unreclaimed acres of a nonmetallic mining site. b. Unreclaimed acres include unreclaimed areas in which nonmetallic mining has occurred after April 11, 1989 and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed. c. Unreclaimed acres do not include: 1) Those areas where reclamation has been completed and certified as reclaimed under §14.10 B. 2) Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after April 11, 1989. 3) Those portions of nonmetallic mining sites which are included in an approved nonmetallic mining reclamation plan but are not yet affected by nonmetallic mining. 4) Areas previously mined but used after April 11, 1989 for a non-mining activity, including stockpiling of materials, provided the stockpiles are associated with on-site industrial processes, used for an industrial activity unrelated to nonmetallic mining such as an asphalt plant, concrete batch plant, block and tile operation or other industry that uses products produced from nonmetallic mining. 5) Those areas within a nonmetallic mining site which have been determined to have been successfully reclaimed on an interim basis by the Land UseZoning Administrator. 3. AMOUNT OF ANNUAL FEE a. The Department of Natural Resources’ annual fee is shown in Table 1 in Wisconsin Administrative Code §NR § 135.39(3) and in a fee schedule published by the Land UseZoning Administrator. b. The County’s annual fee is shown in a the Community Development Department fee schedule published by the Zoning Administrator. c. The annual fees shall be paid no later than January 31st for the previous year. d. If reclamation has occurred on a portion of a nonmetallic mining site and the operator has filed a notice of completion, but certification of completion has not been issued by the Land UseZoning Administrator at the time the annual fee is due, the payment shall be made and the operator may request that the payment be held by the Land UseZoning Administrator pending certification of completion. Within 60 days of the request, the Zoning Administrator shall, in writing: 1) certify completion; 2) make a finding that reclamation is not complete; or 3) make a finding that completion cannot be determined due to weather conditions, snow cover or other relevant factors, and indicate when a determination will be made. If the Land UseZoning Administrator certifies completion, or fails to take any of the required actions within 60 days, that portion of the annual fee shall be returned to the operator. Page 37 of 311 February 20, 2004 14.8 Annual Fees St. Croix County Nonmetallic Mining Ordinance 14-21 e. The Land UseZoning Administrator may reduce the annual fees for a nonmetallic mining operation that was inactive in the previous calendar year. In such an event, the Department of Natural Resources annual fee shall be $15. f. The annual fee collected under this subsection for local transportation-related mines that were issued permits under §14.3. A.2. may not exceed the amounts set forth in Wisconsin Administrative Code NR § 135.39 (4)(c), Table 2. The amount listed shall be the total fee assessed on such nonmetallic mines, and shall include both a share for the Wisconsin Department of Natural Resources and St. Croix County. Page 38 of 311 14.9 Annual Report February 20, 2004 14-22 St. Croix County Nonmetallic Mining Ordinance 14.9 ANNUAL REPORT A. OPERATOR ANNUAL REPORT 1. SUBMISSION a. Every operator shall submit an annual report for each nonmetallic mining site to the and Use Zoning Administrator. The annual report shall include the following: 1) The name and mailing address of the operator. 2) The location of the nonmetallic mining site, including legal description and tax key number or parcel identification number, if available. 3) The nonmetallic mining permit number, if applicable. 4) The number of unreclaimed acres. 5) The number of acres permanently reclaimed. 6) The number of acres reclaimed on an interim basis. 7) A map or drawing accurately showing the areas described under pars. 4-6. 8) If mining into groundwater, actual pumping rates and times, actual groundwater discharge locations and quantities, and groundwater monitoring results. 9) The following certification, signature of the operator, and date of signature: I certify that the information contained in this annual report is true and correct to the best of my knowledge, and that the nonmetallic mining site complies with the nonmetallic mining permit, this ordinance, and Wis. Adm. Code Ch. NR 135. b. The annual report shall cover activities on unreclaimed acreage for the previous calendar year and shall be submitted by January 31st. c. Annual reports shall be submitted for all active nonmetallic mining sites and intermittent nonmetallic mining sites. Annual reports shall be submitted until final reclamation of the site is certified as complete or the financial assurance is released by the Land UseZoning Administrator. d. The Land Use Zoning Administrator, at his/her discretion, may obtain the information required for an annual report through an inspection and written report of the nonmetallic mining site in lieu of the annual report. If the Zoning Administrator substitutes an inspection report for the annual report, he/she shall notify the operator in writing at least 30 days prior to the end of the year that an annual report need not be submitted for that year. The operator shall still submit the certification required in par. 8). e. The Land UseZoning Administrator shall retain an annual report, or substitute annual report, for 10 years. Page 39 of 311 February 20, 2004 14.10 Administration & Enforcement St. Croix County Nonmetallic Mining Ordinance 14-23 14.10 ADMINISTRATION AND ENFORCEMENT A. ADMINISTRATION 1. ZONING ADMINISTRATOR a. The St. Croix County Land UseZoning Administrator shall be responsible for the administration and enforcement of this ordinancechapter. The responsibilities of the Land UseZoning Administrator may be delegated by him/her to personnel employed by or assigned to the Community DevelopmentZoning Department. 2. RIGHT OF ENTRY AND INSPECTION a. The Land UseZoning Administrator may inspect any existing or proposed nonmetallic mining site subject to this ordinancechapter for the purpose of ascertaining compliance with the ordinancechapter. b. Any authorized officer, agent, employee or representative of the Department of Natural Resources may inspect any existing or proposed nonmetallic mining site subject to this ordinancechapter for the purpose of ascertaining compliance with the reclamation provisions of this ordinancechapter. c. No person may refuse an authorized person access to an existing or proposed nonmetallic mining site. 3. DOCUMENTATION a. The Land UseZoning Administrator shall, to the best of his/her ability, maintain the information required below, and make it available to the Department of Natural Resources’ audit of St. Croix County’s reclamation program: 1) Documentation of operator compliance with Wisconsin Administrative Code Chapter NR 135 and this ordinancechapter. 2) The procedures employed by the Land UseZoning Administrator to review reclamation plans, and to issue and modify permits. 3) The method of review of operator annual reports. 4) The method and effectiveness of fee collection. 5) The procedures used to forward the Department of Natural Resource’s annual fee in a timely fashion. 6) The methods used for conducting on-site compliance inspections, creating attendant reports and records, and taking enforcement actions. 7) Responses to citizen complaints. 8) The method of determining and the accuracy of the amount of the financial assurance obtained from the operator to guarantee reclamation performance. 9) The number and type of approvals for alternate standards issued. 10) The methods of maintaining and making available the reclamation records. 11) The method of determining the success of a reclamation plan and subsequently releasing financial assurance. 12) Any changes in local regulations, ordinancechapters, funding, staffing or any other factor which might affect the ability of the Land UseZoning Administrator to administer the nonmetallic mining reclamation program under this ordinancechapter. 13) The amount of fees collected in comparison to the amount of money actually expended for nonmetallic mining reclamation program administration. 14) Any other performance criteria reasonably deemed necessary by the Wisconsin Department of Natural Resource to ascertain compliance with Wisconsin Administrative Code Chapter NR 135. 4. COUNTY ANNUAL REPORT REQUIREMENTS a. The Land Use Zoning Administrator, on behalf of the county, shall submit an annual program Page 40 of 311 14.10 Administration & Enforcement February 20, 2004 14-24 St. Croix County Nonmetallic Mining Ordinance report. The annual program report shall include the following: 1) The total number of active nonmetallic mining permits. 2) The number of new permits issued in the reporting year. 3) The total number of acres being mined. (Un-reclaimed acres) 4) The total number of acres approved for mining. 5) The number of acres approved for mining in the reporting year. 6) The number of acres reclaimed in the reporting year for which the financial assurance has been released. 7) The number of acres reported to be reclaimed in the reporting year for which the financial assurance has not yet been released. 8) The number and description of alternate standards granted, permit modifications for reclamation, public hearings, reclamation violations, reclamation enforcement actions, reclamation forfeitures, and amount of financial assurances used by the county for reclamation. B. RECLAMATION RELEASE 1. RECLAMATION PLAN CERTIFICATION a. The operator shall notify the Land Use Zoning Administrator at the time that he/she determines that reclamation of any portion of the mining site or the entire site is complete. b. The Land UseZoning Administrator shall inspect the mining site or portion thereof to determine if reclamation has been carried out in accordance with the reclamation plan. 2. ASSESSING RECLAMATION a. The criteria for determining when reclamation is complete shall have been specified in the reclamation plan. b. Compliance with the revegetation success standards of the reclamation plan shall be determined by: 1) On-site inspections. 2) Reports of reclamation evaluations including summarized data on revegetation, photo documentation or other evidence that the criteria of the reclamation plan for ascertaining success have been met. c. Revegetation success may be determined by: 1) Comparison to an appropriate reference area. 2) Comparison to baseline data acquired at the nonmetallic mining site prior to its being affected by mining; or 3) Comparison to an approved alternate standard. d. Within 60 days of receiving notice of reclamation, the Land Use Zoning Administrator shall inspect and provide a written determination that: 1) Reclamation is not yet complete; 2) It is not possible to assess whether reclamation is complete due to weather conditions, snow cover or other relevant factors; 3) Reclamation is complete in a part of the mine; or 4) Reclamation is fully complete. e. If reclamation is complete for part or all of a nonmetallic mining site, then: 1) No annual fee shall be assessed for the area so certified. 2) The financial assurance shall be released or appropriately reduced. f. If the Land Use Zoning Administrator does not provide a written response within 60 days of receiving notice of reclamation, the annual fee paid for that portion of the nonmetallic mining site shall be refunded. Page 41 of 311 February 20, 2004 14.10 Administration & Enforcement St. Croix County Nonmetallic Mining Ordinance 14-25 C. ENFORCEMENT 1. PROCEDURES a. The Land UseZoning Administrator may institute any appropriate action or proceeding against violators of this ordinancechapter as provided by law or this ordinancechapter, including issuing citations under [St. Croix County Chapter 1 - Citation Ordinance] or commencing a lawsuit seeking forfeitures and/or injunctive relief. b. In general, the Land UseZoning Administrator shall use the following, in the order listed, to address violations of this ordinancechapter: 1) Issue a notice of violation and order that specifies the corrective action to be taken 2) Issue a citation for a violation. 3) Refer the matter to the legal counsel for evaluation and commencement of a lawsuit when the violation merits such action. c. The Land UseZoning Administrator is not mandated to follow the order of possible action if, in the Land UseZoning Administrator’s discretion, a situation requires different action. d. After notice and a hearing, a nonmetallic mining andA reclamation permit may be suspended or revoked by the Land UseZoning Administrator if the conditions of the permit are violated. Any failure to take action on past violations shall not operate as a waiver of the right to take action on present violations. Violations justifying suspension or revocation of a nonmetallic mining permit include the following: 1) Failure to submit a satisfactory reclamation plan within the time frames specified in this ordinancechapter. 2) Failure to submit or maintain financial assurance as required by this ordinance.chapter. 3) Failure to follow the conditions of the nonmetallic mining permit. 4) Failure to comply with this ordinancechapter. 2. PENALTIES a. Any person, firm or corporation who is adjudicated for violating this ordinance chapter shall pay a forfeiture of not less than $2510 per violation nor more than $1,000 per violation and/or be subject to injunctive relief. Each day a violation exists is a separate violation. b. Additionally, the person adjudicated for violation of this ordinance chapter shall pay court costs and reasonable attorney’s fees. The remedies provided herein shall not be exclusive of other remedies. Page 42 of 311 Ordinance Repealing and Recreating Chapter 15 - Zoning - of the St. Croix County Code of Ordinances Cover Memo To: Community Development Committee From: Ken Witt, County Administrator Jason Kjeseth, Community Development Director Date: February 19, 2026 Agenda Item: Ordinance Repealing and Recreating Chapter 15 - Zoning - of the St. Croix County Code of Ordinances Background Information: The St. Croix County Chapter 15 — General Zoning Ordinance, adopted March 13, 2025, regulates land use activities within the unincorporated areas of towns under County zoning. This ordinance is adopted under the authority of Wisconsin Statutes §§ 59.69-59.698, 66.1001-66.1037. The proposed draft incorporates additional statute citations for the Farmland Preservation Certification, clarifies that only one dwelling per parcel is allowed, limits major home occupations to one per parcel, includes additional nonmetallic mining provisions from Chapter 14, and refines a couple definitions for greater clarity. The Community Development Department petitions the St. Croix County Board of Supervisors to adopt as and for St. Croix County’s General Zoning Ordinance under Wis. Stat. § 59.69, the proposed amended ordinance, which is included in the agenda packet. A Class II Public Hearing Notice was published in the Star Observer for the weeks of February 5, 2026, and February 12, 2026, establishing a public hearing on February 19, 2026, at 5:00 PM with the St. Croix County Community Development Committee in the Government Center Board Room, 1101 Carmichael Road, Hudson Wisconsin. Notice was also provided to all municipal clerks under Wisconsin Statute §59.69. Page 43 of 311 Ordinance No. ORDINANCE REPEALING AND RECREATING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES 1 The County Board of Supervisors of the County of St. Croix does ordain as follows: 2 3 WHEREAS, Chapter 15 – Zoning – of the St. Croix County Code of Ordinances is 4 authorized by Wis. Stat. §§ 59.69-59.698 and 66.1001-66.1037; and 5 6 WHEREAS, Chapter 15 – Zoning – regulates land use activities within the unincorporated 7 areas of towns under County zoning; and 8 9 WHEREAS, the amendments to the current ordinance incorporates additional statute 10 citations for the Farmland Preservation Certification, clarifies that only one dwelling per parcel is 11 allowed, limits major home occupations to one per parcel, includes additional nonmetallic mining 12 provisions from Chapter 14 – Nonmetallic Mining, and refines definitions for greater clarity; and 13 14 WHEREAS, a public hearing was held on Thursday, February 19, 2026, at the St. Croix 15 County Government Center by the Community Development Committee of the St. Croix County 16 Board of Supervisors regarding the proposed amendments; and 17 18 WHEREAS, the Community Development Committee has reviewed said amendments and 19 recommends the St. Croix County Board of Supervisors enact said amendments to Chapter 15 – 20 Zoning – of the St. Croix County Code of Ordinances. 21 22 NOW, THEREFORE, BE IT ORDAINED by the St. Croix County Board of Supervisors 23 that Chapter 15 – Zoning – of the St. Croix County Code of Ordinances is repealed and recreated 24 as attached hereto. 25 26 BE IT FURTHER ORDAINED that the provisions of the repealed and recreated Chapter 27 15 – Zoning – shall supersede any prior ordinance provisions. 28 29 BE IT FURTHER ORDAINED that the St. Croix County Community Development 30 Department is directed to forward the repealed and recreated ordinance to necessary governmental 31 units and agencies throughout St. Croix County. 32 33 BE IT FURTHER ORDAINED that the amended Chapter 15 – Zoning – of the St. Croix 34 County Code of Ordinances shall be published by the County Clerk, pursuant to Wis. Stat. § 59.14, 35 and will become effective upon publication. 36 37 This ordinance shall not be codified. Page 44 of 311 Ordinance No. ORDINANCE REPEALING AND RECREATING CHAPTER 15 – ZONING – OF THE ST. CROIX COUNTY CODE OF ORDINANCES Community Development Committee Recommended MOVER: SECONDER: AYES: EXCUSED: None St. Croix County Board of Supervisors Action: This Ordinance was ENACTED by the St. Croix County Board of Supervisors on March 3, 2026. ___________________________________ ___________________________________ Bob Long, County Board Chair Christine Hines, County Clerk Page 45 of 311 Page 1 Table of Contents CHAPTER 15 ZONING ................................................................................................................................................3 EXECUTIVE SUMMARY ...........................................................................................................................................3 Planning in St. Croix County ...............................................................................................................................3 How to Read this Document ...............................................................................................................................3 Determining the Regulations for a Specific Site ....................................................................................................4 INTRODUCTION ....................................................................................................................................................4 15.100 Title .......................................................................................................................................................4 15.105 Purpose .................................................................................................................................................4 15.110 Authority ................................................................................................................................................5 15.115 Applicability ............................................................................................................................................5 15.116 to 15.199 Reserved. ................................................................................................................................5 ZONING DISTRICTS ...............................................................................................................................................5 15.200 General Provisions ..................................................................................................................................6 15.205 Districts Established ................................................................................................................................6 15.220 AG-1 Agricultural District .........................................................................................................................6 15.221 AG-2 Agricultural District .........................................................................................................................8 15.230 R-1 Residential District ............................................................................................................................9 15.231 R-2 Residential District ..........................................................................................................................10 15.232 R-3 Residential District ..........................................................................................................................11 15.240 C-1 Commercial District .........................................................................................................................12 15.241 C-2 Commercial District .........................................................................................................................13 15.242 C-3 Commercial District .........................................................................................................................14 15.250 I-1 Industrial District .............................................................................................................................14 15.251 I-2 Industrial District .............................................................................................................................16 15.252 NMO Nonmetallic Mining Overlay ...........................................................................................................17 15.275 CON Conservancy District ......................................................................................................................17 15.285 Use Table .............................................................................................................................................17 15.286 to 15.299 Reserved. ..............................................................................................................................24 USE REGULATIONS ..............................................................................................................................................24 15.305 Accessory Structures & Uses ..................................................................................................................25 15.310 Adult Establishments .............................................................................................................................26 15.315 Agricultural Entertainment and Farm Exhibitions .....................................................................................27 15.320 Airstrips ...............................................................................................................................................28 15.322 Campgrounds .......................................................................................................................................29 15.325 Conservation Design Development .....................................................................................................3130 15.330 Contractor Storage Yards ......................................................................................................................31 15.335 Chickens and Ducks ..............................................................................................................................32 15.340 Fences and Walls ..................................................................................................................................32 15.345 Home Occupations ................................................................................................................................32 15.350 Housing ...............................................................................................................................................34 15.352 Salvage Operations ...............................................................................................................................35 15.353 Junk ....................................................................................................................................................35 15.355 Kennels, Commercial .............................................................................................................................37 15.360 Livestock Facilities ................................................................................................................................37 15.365 Mobile Tower Siting ..............................................................................................................................39 15.370 Nonmetallic Mining ............................................................................................................................4140 15.371 Private One-Room Schoolhouse .............................................................................................................41 15.373 Roadside Stands ...................................................................................................................................41 15.375 Short-Term Rentals ...........................................................................................................................4241 15.380 Signs ...................................................................................................................................................42 15.381 Skiing Facilities .....................................................................................................................................44 15.385 Solar Energy Systems (SES) ...............................................................................................................4544 Page 46 of 311 Page 2 15.390 Travel Trailers ...................................................................................................................................4746 15.395 Wind Energy Systems ............................................................................................................................47 15.396 To 15.399 Reserved. .............................................................................................................................56 DEVELOPMENT STANDARDS .................................................................................................................................56 15.405 Road Setback, Access Management & Driveways ....................................................................................56 15.410 Building Height .....................................................................................................................................59 15.415 Grading and Land Disturbance ...............................................................................................................59 15.420 Screening, Landscaping & Tree Preservation .......................................................................................6059 15.425 Lot Development, Reasonable Accommodations for Disabled Persons, Outlots .......................................6261 15.430 Parking and Loading .............................................................................................................................62 PROCEDURES ..................................................................................................................................................6564 15.530 Town Recommendation .........................................................................................................................65 15.540 Rezonings & Text Amendments ..............................................................................................................65 15.571 To 15.574 Reserved. .............................................................................................................................66 SUBMITTAL REQUIREMENTS ................................................................................................................................66 15.575 General Provisions ................................................................................................................................66 15.580 Technical Plans or Studies .....................................................................................................................66 15.585 Digital Applications ................................................................................................................................67 15.590 Submittal Requirements and Application Checklists ..................................................................................67 15.596 To 15.599 Reserved. .........................................................................................................................6968 NONCONFORMITIES & VESTED RIGHTS ............................................................................................................6968 15.600 General Provisions ................................................................................................................................69 15.605 Nonconforming uses .............................................................................................................................69 15.610 Nonconforming Lots ..............................................................................................................................69 15.615 Nonconforming Structures .................................................................................................................7069 15.626 To 15.699 Reserved. .........................................................................................................................7069 AGENCIES .......................................................................................................................................................7069 15.700 General Provisions .............................................................................................................................7069 15.705 Land Use Administrator .........................................................................................................................70 15.710 Community Development Committee (CDC) ............................................................................................70 15.715 Board of Adjustment .............................................................................................................................71 15.716 To 15.749 Reserved. .............................................................................................................................72 ENFORCEMENT ....................................................................................................................................................72 15.750 General Provisions ................................................................................................................................72 15.755 Violations .............................................................................................................................................72 15.760 Penalties ..............................................................................................................................................73 15.770 Revocation of Permit or Approval ...........................................................................................................73 15.771 To 15.799 Reserved. .........................................................................................................................7473 DEFINITIONS & RULES OF INTERPRETATION ....................................................................................................7473 15.805 Definitions ............................................................................................................................................74 15.807 Acronyms .............................................................................................................................................99 15.810 Interpretation of Zoning Map .................................................................................................................99 15.815 Conflicting Rules .................................................................................................................................100 15.816 To 15.899 Reserved. ...........................................................................................................................100 15.900 LEGAL PROVISIONS ................................................................................................................................100 15.900 Relationship to Other Provisions of the County Code ..............................................................................100 15.915 Severability ...................................................................................................................................101100 15.920 Repeal of Existing Ordinance ..........................................................................................................101100 15.925 Effective Date ................................................................................................................................101100 Page 47 of 311 Page 3 CHAPTER 15 ZONING Contents: Executive Summary Introduction Zoning Districts Use Regulations Development Standards Procedures Submittal Requirements Nonconformities & Vested Rights Agencies Enforcement Definitions & Rules of Interpretation 15.900 Legal Provisions EXECUTIVE SUMMARY The St. Croix County zoning code establishes standards and procedures for new development or redevelopment in the County. The zoning code is not designed to be read from cover to cover. Instead, it is organized so readers may look up only the parts they need. The list of subchapters in “How to Read this Document” shows the main topics and overall organization of the zoning code. Later portions of this executive summary explain different ways to use the zoning code to answer frequently asked questions. Planning in St. Croix County The major purpose of the zoning code is to implement the County’s long-term planning policies found in the St. Croix County 2024-2045 Comprehensive Plan. As part of the comprehensive plan, the land use chapter and future land use map (vol. 1- 11) establishes long-term policies for land use. The zoning code provides clear rules about what is expected of applicants in order to gain approval to develop land in the County. The County Board finds and determines this ordinance is in substantial conformance with said comprehensive plan. How to Read this Document Purpose statements are included to assist readers in understanding the intent of a regulation. How the Document is Organized The zoning code is divided into 11 subchapters. These are structured so that the most frequently used information appears first, with the definitions and technical information (such as submittal requirements) appearing later. 1. The first subchapter, called Introduction, contains some basic information on the purpose of the zoning code. It sets the stage for the remainder of the document. 2. The Zoning Districts establish the uses permitted in each district, conditional uses, and prohibited uses. Development standards for each zoning district include metrics for residential density, height, setbacks, open space, landscaping, design standards, and civic space. A table showing the permitted and conditional uses in all districts is presented in § 15.285. 3. The Use Regulations contain requirements for specific uses and development types that apply in all zoning districts. Examples include accessory uses, home occupations, and signs. These uses may or may not be permitted as of right or as a conditional use, depending on how they are listed in the applicable zoning district. The standards are designed Page 48 of 311 Page 4 to address particular issues that are raised by the particular use - such as state or federal legal requirements, impact on surrounding neighborhoods, or development allowances or incentives. 4. The Development Standards consolidate the development metrics that apply to all development and land uses in the County’s zoning jurisdiction. This includes standards for site improvements such as access, parking, landscaping, grading, and building height. 5. The Submittal Requirements provide a checklist of the information that applicants need to have a complete application that the County can process. 6. The Nonconformities subchapter addresses situations where a use or building has been legally established before new regulations that would otherwise not allow them. Under Wisconsin law, these uses are grandfathered, but may have standards that dictate whether and how they can expand or continue. 7. The Agencies subchapter establishes, or references state statutes relating to, the agencies involved in administering the zoning code. These include the Community Development Committee, Land Use Administrator and Board of Adjustment. The County Board of Supervisors is the County’s legislative body and adopts amendments to this Chapter (including rezonings). 8. The Enforcement subchapter establishes procedures to enforce the zoning code, including penalties for violations. 9. The Definitions & Rules of Interpretation provide the zoning code’s “glossary.” It defines terms and phrases used in the Zoning Code, the uses listed in the zoning districts, and acronyms. 10. The Legal Provisions include legal language such as the severability clause, how to apply standards that differ from each other, and the effective date. Determining the Regulations for a Specific Site To determine the regulations of the zoning code applicable to a site, the user must first find the site on the “Official Zoning Map.” The map will show the zoning district that is applied to the site. The official Zoning Map is maintained online through the County’s Geographic Information Systems website. The reader should then look up all the relevant regulations. Start with the zoning districts and development standards. The zoning districts state whether a use is allowed by right, as a conditional use, or prohibited. In addition, readers should consult the Use Regulations to see if additional requirements apply to the use they are contemplating. INTRODUCTION Contents: 15.100 Title 15.105 Purpose 15.110 Authority 15.115 Applicability 15.116 to 15.199 Reserved. 15.100 Title This Chapter shall be cited as the "St. Croix County Zoning Code," and is referred to in this Chapter as "this Chapter" or "this Code." 15.105 Purpose This Chapter is adopted to: • implement the St. Croix County Comprehensive Plan; and • promote the public health, safety, convenience and general welfare; • encourage planned and orderly land use development; Page 49 of 311 Page 5 • protect property values and the property tax base; • permit the careful planning and efficient maintenance of highway systems; • ensure adequate highway, utility, health, educational and recreational facilities; • recognize the needs of agriculture, forestry, industry and business in future growth; • encourage uses of land and other natural resources which are in accordance with their character and adaptability; • provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; • encourage the protection of groundwater resources; • preserve wetlands; • conserve soil, water and forest resources; • protect the beauty and amenities of landscape and man-made developments; • provide healthy surroundings for family life; • to promote the efficient and economical use of public funds; • incorporate any master plan adopted under Wis. Stat. § 62.23(2) or (3) and the official map of any city or village in the county adopted under Wis. Stat. § 62.23(6). 15.110 Authority This Chapter is adopted under the authority of Wis. Stat. §§ 59.69 to 59.698, 66.1001 to 66.1037; and additional authority cited in specific sections of this Chapter. 15.115 Applicability 1. Generally. The following shall comply with this Chapter: a. The use of any land or water, b. the size, shape and placement of lots, c. the use, size and locations of structures on lots, d. the installation and maintenance of water supply and waste disposal facilities, e. the filling, grading, lagooning and dredging and any land, and f. the subdivision of lots. 2. Governmental Units a. Unless specifically exempted by law, all cities, villages, towns and counties shall comply with this Chapter and obtain all necessary permits. b. State agencies shall comply with this Chapter if Wis. Stat. § 13.48(13) applies. 3. Statutory Exemptions. This Chapter does not apply to any use, development, building or activity that is exempt from this Chapter by state or federal law. This section supersedes any other section of this Chapter to the extent of any inconsistency. 15.116 to 15.199 Reserved. ZONING DISTRICTS Contents: 15.200 General Provisions Page 50 of 311 Page 6 15.205 Districts Established 15.220 AG-1 Agricultural District 15.221 AG-2 Agricultural District 15.230 R-1 Residential District 15.231 R-2 Residential District 15.232 R-3 Residential District 15.240 C-1 Commercial District 15.241 C-2 Commercial District 15.242 C-3 Commercial District 15.250 I-1 Industrial District 15.251 I-2 Industrial District 15.252 NMO Nonmetallic Mining Overlay 15.275 CON Conservancy District 15.285 Use Table 15.286 to 15.299 Reserved. 15.200 General Provisions 1. This Subchapter establishes the Zoning Districts, along with the use and dimensional standards for property within each district. [⇔ § 15.285 establishes the uses allowed within each district] 1.2. Only one single family, two-family, or multi-family dwelling shall be allowed per parcel unless allowed to have a second farm dwelling under § 15.285. Two-family and muti-family dwellings shall comply with the density requirements of the parcel and may require a land use permit under § 15.285. 15.205 Districts Established 1. This subchapter divides the area to which it applies into districts. Each district has its own rules on use, yard space, lot size and building height. 2. The zoning districts are categorized as base and overlay districts, as follows: Table 15.205.1 District Categories District Category Description Districts (Symbol) Base Districts that establish uniform use, dimensional and design standards. Agricultural (AG-1) Agricultural (AG-2) Residential (R-1) Residential (R-2) Residential (R-3) Commercial (C-1) Commercial (C-2) Commercial (C-3) Industrial (I-1) Industrial (I-2) Conservancy (CON) Overlay A zoning district that is superimposed on one or more other zoning districts and imposes additional restrictions on the underlying base districts. Shoreland Overlay (SO) Lower St. Croix Riverway Overlay (SCR) Floodplain Overlay (FO) Non-Metallic Mining Overlay (NMO) 15.220 AG-1 Agricultural District Purpose: The purpose of the AG-1 District is to preserve productive agricultural lands, protect existing farm and forestry operations from encroachment by incompatible uses, promote further investments in farming and maintain farmer eligibility for incentive programs. The AG-1 District meets the criteria for certification as a Farmland Preservation Zoning District under Wis. Stat. §91.38. Page 51 of 311 Page 7 1. Permitted and Conditional Uses. a. Refer to § 15.285. 2. Dimensional Standards. Table 15.220.1 AG-1 Dimensional Standards 1 Lot area (min) 3 acres 2 Density (max) 1 principal dwelling per 40 acres or quarter-quarter (¼ - ¼) section 3 Height (max) 50 feet No height limit applies to agricultural accessory uses such as silos, bins, barns and seed storage facilities 4 Street setback (min) 50' 5 Side setback (min) 10’ any side 5’ accessory structure, 100' structure that houses animals 6 Rear setback (min) 25’ for principal building 5’ accessory structure, 100' structure that houses animals Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres Figure 15.220.1 AG-1 Dimensional Standards Page 52 of 311 Page 8 3. Restriction on Rezoning. No land in the AG-1 District shall be rezoned except in accordance with § 15.540 and Wis. Stat. § 91.48. 15.221 AG-2 Agricultural District Purpose: The purpose of the AG-2 District is to preserve productive agricultural lands, protect existing farm and forestry operations from encroachment by incompatible uses, promote further investments in farming and maintain farmer eligibility for incentive programs. The AG-2 District meets the criteria for certification as a Farmland Preservation Zoning District under Wis. Stat. §91.38. The permitted uses in the AG-2 District are often indistinguishable from an active farm operation. Conditional uses in this District are clearly commercial or industrial in nature and may involve facilities or processes that require a remote location distant from incompatible uses, proximity to agricultural products or suppliers and/or access to utility services or major transportation infrastructure. 1. Permitted and Conditional Uses. Refer to Sec. 15.285. 2. Dimensional Standards. Table 15.221.1 AG-2 Dimensional Standards 1 Lot area (min) 3 acres 2 Density (max) 2 principal dwellings per 40 acres or quarter-quarter (¼ - ¼) section 3 Height (max) 50 feet No height limit applies to agricultural accessory uses such as silos, bins, barns and seed storage facilities 4 Street setback (min) 50' 5 Side setback (min) 10’ any side 5’ accessory structure, 100' structure that houses animals 6 Rear setback (min) 25’ for principal building 5’ accessory structure, 100' structure that houses animals Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres Figure 15.221.1 AG-2 Dimensional Standards Page 53 of 311 Page 9 3. Restriction on Rezoning. No land in the AG-2 District shall be rezoned except in accordance with § 15.540 and Wis. Stat. § 91.48. 15.230 R-1 Residential District Purpose: The R-1 district establishes areas within which agricultural uses, commercial uses serving agriculture and limited residential uses with a rural character are located. The R-1 District includes areas in or adjacent to agricultural uses, and that may retain an agricultural character. However, exclusive agricultural use (i.e. AG-1 or AG-2) on an area-wide basis is not warranted due to the existence of residential uses, demonstrated or expected ability of farm and selected nonfarm uses to exist in close proximity without undue conflict, the need to buffer agricultural and urban-residential uses, and related factors. 1. Permitted and Conditional Uses a. Refer to Sec. 15.285. 2. Density and Lots a. The number of potential lots that may be created from an existing parcel while it is zoned R-1 will be calculated by the Land Use Administrator whenever a land division is proposed. The allowable number of parcels shall be calculated by dividing the size of the parcel at adoption of this ordinance by 10. (Example: 35-acre parcel/10=3.5 which rounds up to 4 lots) 3. Dimensional Standards. Table 15.230.1 R-1 Dimensional Standards Standard Design 1 Lot area (min) 1.5 acre minimum 2 Density (max) 1 principal dwelling per 10 acres 3 Height (max) 50 feet No height limit applies to agricultural accessory uses such as silos, bins, barns and seed storage facilities 4 Street setback (min) 50' 5 Side setback (min) 10’ any side 5’ accessory structure,100' structure housing animals 6 Rear setback (min) 25’ for principal building 5’ accessory structure, 100' structure housing animals Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable. Page 54 of 311 Page 10 Figure 15.230.1 R-1 Dimensional Standards 15.231 R-2 Residential District Purpose: The R-2 district provides for limited residential uses with a rural character and provides for higher residential density than R-1. This district restricts agricultural uses to lower-intensity operations and prevents large-scale or noxious agricultural processing uses. 1. Permitted and Conditional Uses a. Refer to Sec. 15.285. 2. Dimensional Standards. Table 15.231.1 R-2 Dimensional Standards Standard Design Conservation Design 1 Lot area (min) 1.5 acres -- 2 Density (max) -- See Subdivision Ordinance Add Link 3 Height (max) Principal Building: 50 feet Accessory Structure: 25 feet No height limit applies to agricultural accessory uses such as silos, bins, barns and seed storage facilities 4 Street setback (min) 50' 25' 5 Side setback (min) 10’ for principal building 5’ accessory structure 10’ for principal building 5’ accessory structure 6 Rear setback (min) 25’ for principal building 5’ accessory structure 10’ for principal building 5’ accessory structure 7 Open Space (min) -- 40% of gross site area Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable. Figure 15.231.1 R-2 Dimensional Standards Page 55 of 311 Page 11 Table 15.231.1 R-2 Dimensional Standards 15.232 R-3 Residential District Purpose: The R-3 district accommodates and protects the essential characteristics of areas with a predominantly low-density residential character, along with community and recreational uses that serve the district’s residents. The R-3 district allows limited multi-family appropriate for rural areas and requires extension of municipal water and wastewater treatment or a common septic or community wastewater treatment system. Lower-density multi-family uses are allowed depending on site characteristics and town/county plans. 1. Permitted and Conditional Uses. Refer to § 15.285. 2. Dimensional Standards. Table 15.232.1 R-3 Dimensional Standards Standard Design Conservation Design 1 Lot area (min) Sewered lots: 14,520 sf (1/3 acre) -- 2 Density (max) 3 principal dwelling units per acre Maximum 8 attached dwellings per building 4.5 principal dwelling units per acre Maximum 8 attached dwellings per building 3 Height (max) Principal Building: 50 feet Accessory Structure: 25 feet 4 Street setback (min) 25' 25' 5 Side setback (min) 10’ for principal building 5’ accessory structure 10’ for principal building 5’ accessory structure Page 56 of 311 Page 12 Table 15.232.1 R-3 Dimensional Standards Standard Design Conservation Design 6 Rear setback (min) 25’ for principal building 5’ accessory structure 10’ for principal building 5’ accessory structure 7 Open Space (min) -- 40% of gross site area 8 Landscaping / Civic Space (min) 10% of lot area 10% of lot area Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable. Table 15.232.1 R-3 Dimensional Standards 15.240 C-1 Commercial District Purpose: The C-1 district is established for commercial uses in areas that serve the County’s agricultural businesses and rural communities. This district accommodates commercial and other non-residential uses while protecting surrounding properties from excessive noise, traffic, drainage, or other potential nuisance factors. Landscaping, parking, and paving standards appropriate for rural areas are established in the Development Standards subchapter to protect surrounding development, minimize stormwater runoff, and mitigate aesthetic impacts consistent with a rural environment. 1. Permitted and Conditional Uses. Refer to § 15.285. 2. Dimensional Standards. Table 15.240.1 C-1 Dimensional Standards 1 Lot area (min) 1.5 acres 2 Height (max) 50 feet 3 Street setback (min) 50' 4 Side setback (min) 10’ any side 5’ accessory structure 5 Rear setback (min) 25’ for principal building 5’ accessory structure 6 Residential setback (min) 50’ principal building and 20’ for accessory structure abutting residential zoning district 7 Landscaping / Civic Space (min) 5% of lot area, may be used for stormwater collection area. Page 57 of 311 Page 13 Table 15.240.1 C-1 Dimensional Standards Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable. Figure 15.240.1 C-1 Dimensional Standards 15.241 C-2 Commercial District Purpose: The C-2 district provides for rural and agricultural tourism and entertainment uses such as wedding barns, agritourism activities with sales of off-site products, outdoor recreation, and related activities. This district accommodates those uses while protecting surrounding properties from excessive noise, traffic, drainage, or other potential nuisance factors. 1. Permitted and Conditional Uses. Agricultural Entertainment and Agritainment, consistent with the Use Regulations. 2. Dimensional Standards. Table 15.241.1 C-2 Dimensional Standards 1 Lot area (min) 3 acres 2 Height (max) 50 feet 3 Street setback (min) 50' 4 Side setback (min) 10’ for principal building 5’ accessory structure 5 Rear setback (min) 25’ for principal structure 5’ accessory structure 6 Residential setback (min) 50’ principal building and 20’ for accessory structure abutting residential zoning district Page 58 of 311 Page 14 Table 15.241.1 C-2 Dimensional Standards 7 Landscaping / Civic Space (min) 5% of lot area, may be used for stormwater collection. Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable. Figure 15.241.1 C-2 Dimensional Standards 15.242 C-3 Commercial District Purpose: The C-3 district is established to provide for commercial uses in corridors and centers that are accessible to residential neighborhoods or other businesses. This district accommodates commercial and other non-residential uses while protecting surrounding properties from excessive noise, traffic, drainage, or other potential nuisance factors. Landscaping, parking, and paving standards are established in the Development Standards subchapter to protect surrounding development, minimize stormwater runoff, and mitigate aesthetic impacts consistent with development in and abutting corridors and centers. 1. Permitted and Conditional Uses. Refer to § 15.285. 2. Dimensional Standards. Table 15.242.1 C-3 Dimensional Standards 1 Lot area (min) 1.5 acres 2 Height (max) 50 feet 3 Street setback (min) 50' 4 Side setback (min) 10’ for principal building, 5’ accessory structure 5 Rear setback (min) 25’ for principal building 5’ accessory structure Page 59 of 311 Page 15 Table 15.242.1 C-3 Dimensional Standards 6 Residential setback (min) 50’ principal building and 20’ for accessory structure abutting residential zoning district 7 Landscaping / Civic Space (min) 10% of lot area Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable. Figure 15.242.1 C-3 Dimensional Standards 15.250 I-1 Industrial District Purpose: The I-1 District provides for development of light industrial uses in an industrial park setting, or for employment or production type uses that are fully enclosed and have low intensity and environmental, noise, vibration, or related impacts. These uses may include amenities and open space that serve employees, including limited and internalized retail and service uses. 1. Permitted and Conditional Uses. Refer to § 15.285. 2. Dimensional Standards. Table 15.250.1 I-1 Dimensional Standards 1 Lot area (min) 1.5 acres 2 Height (max) 50 feet 3 Street setback (min) 50 feet 4 Side setback (min) 10’ for principal building, 5’ accessory structure 5 Rear setback (min) 25’ for principal building 5’ accessory structure 6 Residential setback (min) 50’ principal building and 20’ for accessory structure abutting residential zoning district 7 Landscaping / Civic Space (min) 15% of lot area Page 60 of 311 Page 16 Table 15.250.1 I-1 Dimensional Standards Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable. Figure 15.250.1 I-1 Dimensional Standards 15.251 I-2 Industrial District Purpose: The I-2 district is created to accommodate production, processing, assembly, warehousing and distribution uses with related outdoor storage needs. The Heavy Industrial district requires sufficient space in appropriate locations for industrial uses while protecting surrounding properties from excessive noise, traffic, drainage, or other potential nuisance factors and air, water or thermal pollution or any other environmental degradation. The district also protects locations where a variety of compatible industrial uses are located. 1. Permitted and Conditional Uses. Refer to § 15.285. 2. Dimensional Standards. Table 15.251.1 I-2 Dimensional Standards 1 Lot area (min) 1.5 acres 2 Height (max) 50 feet 3 Street setback (min) 50 feet Page 61 of 311 Page 17 Table 15.251.1 I-2 Dimensional Standards 4 Side setback (min) 10’ for principal building 5’ accessory structure 5 Rear setback (min) 25’ for principal building 5’ accessory structure 6 Residential setback (min) 100’ for principal building and 20’ for accessory structure abutting residential zoning district 7 Landscaping / Civic Space (min) 15% of lot area Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable. Figure 15.251.1 I-2 Dimensional Standards 15.252 NMO Nonmetallic Mining Overlay Purpose: The Nonmetallic Mining Overlay provides for the site location of new and expansion of existing heavy industrial non-metallic mining sites. Nonmetallic mining is an important industry that contributes to the County's economic well-being. However, heavy industrial mining operations, if not properly sited and regulated, can create short-term and long-term damage to the physical environment and tax base. The NMO allows the County to permit the expansion of existing heavy industrial mining sites, engage in case-by-case review of proposals for new heavy industrial mining sites, and regulate heavy industrial mining to minimize or prevent damage to the public and to restore mining sites to a useful and stable condition after mining ceases. 1. Permitted and Conditional Uses. The following uses are allowed: a. Heavy Industrial Mining operations, subject to an approved reclamation plan and any conditions of approval of an NMO district, and consistent with Chapter 14 of the County Code, all applicable state and federal regulations, and any conditions of a permit or reclamation plan approved by the County and the State of Wisconsin; and b. Permitted and conditional uses allowed in the base district, subject to their applicable requirements and approval processes. Page 62 of 311 Page 18 2. Dimensional Standards. a. The nonmetallic mining site must comply with any buffer zone, setback, height, or area of operations standards required by Chapter 14 of the County Code, any state or federal statute, and any condition of a state or County permit. 15.275 CON Conservancy District Purpose: The Conservancy District preserves and perpetuates in an open state area such as lowland swamps, marshes and wetlands, floodplains and stream beds, slopes, bluffs, wooded areas, native or restored prairie, parks, recreation areas, wildlife habitat and other areas of aesthetic value which, because of their unique physical features, are deemed desirable to be retained for the benefit of this and future generations. 1. Permitted and Conditional Uses. Refer to Sec. 15.285. 2. Dimensional Standards. Table 15.275.1 Conservancy District Dimensional Standards 1 Impervious surface coverage (max) 10% 2 Street setback (min) 50 feet Notes: “min" = minimum required | “max” = maximum allowed. 15.285 Use Table 1. Use Categories. The Use Table (see Table 15.285.2) establishes uses permitted within each zoning district, and how they are permitted. The uses permitted in each of the Zoning Districts established in this Chapter are defined as follows: Table 15.285.1 Use Categories P Permitted by Right Uses in the Use Table identified by "P" in any column are permitted subject to district regulations, any conditions of rezoning, and the conditions specified in the Use Regulations or Development Standards or elsewhere in this Chapter. L Land Use Permit The use is permitted if a land use permit is issued (see § 15.555). C Conditional Use Conditional Uses are uses that are allowed only after the County Community Development Committee reviews the proposed use, holds a public hearing and decides whether to approve the use, based upon the application of standards found in this chapter. Conditional uses are also subject to any conditions and limitations specified in the Use Regulations or imposed as a condition of conditional use permit approval. See Submittal Requirements for application information. A Accessory Uses in the Use Table identified with an “A” are permitted only as an accessory use to another use that is permitted as a by right or conditional use in the applicable district. U Use Regulations Permission, standards and location determined by Use Regulations Not Permitted Uses in the Use Table identified by a blank cell are not permitted in that particular district. Not Listed Not permitted unless the use is approved as provided in subsection 3 below. 2. Additional Regulations Apply. The fact that a use is shown as a permitted use does not always mean that the project may proceed. Chapter 12 Sanitary, Chapter 13 Land Division, or other sections of this code may result in a permitted use not being allowed to proceed, depending upon the manner in which those provisions apply. 3. Uses Not Listed. a. The Land Use Administrator may determine that an unlisted use is permitted by right or as a conditional use if sufficiently similar in nature and impact to a permitted use or a conditional use. The Land Use Administrator may require the applicant to provide justification on how the proposed use is similar to one of the uses listed in the use table. The determination may be appealed to the Board of Adjustment as an appeal of an administrative decision. 4. Preemption. Uses regulated by the State of Wisconsin and exempt from local control are permitted subject to state regulations. Page 63 of 311 Page 19 15.285.2 Use Table Use Category AG-1 AG- 2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON AGRICULTURE Aquaculture P P P P P Beekeeping P P P P A P Crop or Forage Production P P P P P Enrolled Land P P P P P Farm-Based Biopower Facility A/C A/C Farm-Based Manure Processing Facility A/C A/C Floriculture P P P P Forest Management P P P P P Fur Farm P P P C C Keeping Livestock P P P P Sod or Christmas Tree Production P P P P Wholesale Nursery P P P Agricultural Resource Production P P C Animal Production, Other C Community Garden – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) C C P P P P P Community Supported Agriculture (CSA) – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) C C P P P P P Crop/Limited Agriculture P P P P A P P Grazing P P P P P Greenhouse A A A P A Harvesting of Wild Crops P P P P P Livestock Facility (< 200 animal units) (§ 15.360; L where required by Table 15.360.1) * P P P P Livestock Facility (200-499 animal units) (§ 15.360; L where required by Table 15.360.1)* P P P Livestock Facility (> 500 animal units) (§ 15.360; L where required by Table 15.360.1)* L L L/C Manure Storage P P C C Pick-Your-Own Operations P P P P Raising of Chickens and Ducks* P P A A A Raising of Waterfowl, Fowl, and Fish P Stock Yard or Livestock Auction Facility C C C C RESIDENTIAL AG-1 AG-2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Residences Dwelling, Single-Family P P P P Caretaker Unit A Conservation Design Development (§ 15.325)* P P P Page 64 of 311 Page 20 15.285.2 Use Table Use Category AG-1 AG- 2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Dwelling, Secondary Farm L L L Dwelling, Two-Family L L P Farm Residence (, Single-Family, Manufactured and Modular) P P Manufactured Home P P P P P P Mobile Home Park C C Modular Home P P P P Multifamily Dwelling P Temporary Residence (§ 15.390)* L L L L L Group Living Community Living Arrangement (9-15 persons) (Wis. Stat. § 59.69(15)) C C P Community Living Arrangement (> 15 persons) (Wis. Stat. § 59.69(15)) C C C Foster Home / Adult Family Home (Wis. Stat. § 59.69(15)(bm), (br)2) P P P Life Care or Continuing Care Service P P Retirement Housing Service P P Skilled-Nursing Service (above intermediate level nursing care) P P LODGING AG-1 AG-2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Boarding House P Bed and Breakfast (subject to Wis. Stat. § 97.01(1g) or 97.625(1p) as determined by DATCP) C C C C C C Campground, Private (§ 15.322) C C C C C Campground, Public (§ 15.322) C C L Special Event Camping L C C L L L Hotel or Motel C Short-Term Rental (§ 15.375)* L L L L L ART, ENTERTAINMENT, & RECREATION AG-1 AG-2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Adult Establishment (§ 15.310)* L L L L Agricultural Entertainment (< 15 days) (§ 15.315 L if > 100 persons during 24-hour period)* L L L Agricultural Entertainment (> 15 days) (§ 15.315; L if > 100 persons during 24-hour period)* C C C Agricultural Entertainment (< 30 days) (§ 15.315; L if > 100 persons during 24-hour period)* P Agricultural Entertainment (> 30 days) (§ 15.315; L if > 100 persons during 24-hour period)* C Amusement or Theme Park C Drive-In Theater C C Page 65 of 311 Page 21 15.285.2 Use Table Use Category AG-1 AG- 2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Farm Exhibition (< 5 days) (§ 15.315; L if > 100 persons during 24-hour period)* A A P Farm Exhibition (> 5 days) (§ 15.315; L if > 100 persons during 24-hour period)* A/C A/C L Golf Course C C C C C Hiking, Biking, and Bridle Trails – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) C C P P P P P P P P P Indoor Recreational Facility C C Miniature Golf P Museum – AG-2 compliance with Wis. Stat. § 91.46(5) C L L L Outdoor Entertainment Facility C C Outdoor Recreational Facility C C C C C Racetrack C Skiing Facilities * C C Stadium, Arena, or Conference Center C Theater, Movie, or Performing Arts C Zoos, Botanical Gardens, Arboreta, and similar uses C COMMERCIAL/MIXED USE AG-1 AG-2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Animal Services Game Management P P C C Kennel, Commercial (§ 15.355)* A/C A/C C P P Stable, Commercial A/C A/C C C C C Veterinary Clinic P P Automotive Automotive Parts, Accessories, and Tire Stores P Automotive Service, Repair, and Towing P P Car Wash A Dealerships (Motor, Off-Road, Watercraft, Trailers, and Implements) L P Vehicle Service Station/(Charging Station) P P P Truck Service, Repair, and Towing P P P P Auto Garage/Condo C C Day Care Childcare Home, Family (< 8 children) A A A A A A A Childcare Center (Wis. Stat. § 48.65) P P Group Day Care P P Financial Services Financial or Investment Institution P Food & Beverage Sales/Service Page 66 of 311 Page 22 15.285.2 Use Table Use Category AG-1 AG- 2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Bar or Tavern P Grocery Store P Liquor Store P Restaurant P Roadside Stand* P P P P P P P Sales - Processed or Preserved Agricultural Products and Produce C C C C P P Mixed Uses Mixed Use (retail or office with residential) L L L L L Office, Business & Professional Postal, Courier, or Messenger Service P Office P Plant or Livestock Genetic Laboratory C C P P Personal/Business Services Barber or Beauty Shop P Business Support Services P Funeral Home P Indoor Maintenance and Repair of Goods and Equipment P P Laundry C Retail Sales Contractor Sales and Service C C P P Convenience Store P Drug Store/Pharmacy P Garden Center C P P Landscape Supply and Contracting Business (Plant or Tree Nursery) C C P P Notion, Variety, or Gift Shop P Retail Sales and Service (< 1000 sf) C C C P P Retail Sales and Service (> 1000 sf) C C Riding Supply A/C A/C P P Miscellaneous Commercial Agricultural Supply C P P Business Conducted by Owner/Operator of Farm* A/C A/C Farm-Related Exhibition, Sale, or Event (5 days or less)(§ 15.315)* P P P P P P Farm-Related Exhibition, Sale, or Event (more than 5 days)(§ 15.315)* C C C P P P Home Occupation, Major (§ 15.345)* C C C C C C Home Occupation, Minor (§ 15.345)* A A A A A A Motion Picture or Sound Recording P P Sale or Storage of Agricultural Byproducts C C C L Page 67 of 311 Page 23 15.285.2 Use Table Use Category AG-1 AG- 2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Salvage Operation (§ 15.352) C C C C INFRASTRUCTURE AG-1 AG-2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Transportation/Parking Airstrip (§ 15.320)* C C C Freight Terminal C C Parking Facility C Taxi and Limousine Service P Transit System P P P Utilities Air Conditioning and Steam Supply P Biopower Facility C Dam – AG-2 compliance with Wis. Stat. § 91.46(4) C C C C C Electric Generating Facility (Large Scale) – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(4) C C Electric Generating Facility (Small Scale) – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(4) C C C C C P P P P Flowage Area – AG-2 compliance with Wis. Stat. § 91.46(4) C C C C C Irrigation and Industrial Water Supply – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(4) PC PC P P P P Power Plant C Large Solar Collector / Solar Energy System (§ 15.385)* - AG-1 and AG-2 compliance with Wis. Stat. § 91.46(4) C C C C C C C C C C C Small Solar Collector / Solar Energy System (§ 15.385)* P P P P P P P P P P P Utility, Major – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(4) C C P Utility, Minor P P P P P P P P P P Large Wind Energy System (§ 15.395)* - AG-1 and AG-2 compliance with Wis. Stat. § 91.46(4) C C C C C C C C C C C Small Wind Energy System (§ 15.395)* L L L L L L L L L L L Wired Communication/Cable Facility* - AG-2 compliance with Wis. Stat. § 91.46(4) C C C C C Battery Storage Facility (>3MW) C C C C Battery Storage Facility (<3MW) - AG-1 and AG-2 compliance with Wis. Stat. § 91.46(4) LC LC L L L L L L L L Communications Uses Radio and Television Broadcasting Studio P Mobile Support Structures and Facilities (§ 15.365; may require L)* - AG-1 and AG-2 compliance with Wis. Stat. § 91.46(4) UC UC U U U U U U U U Page 68 of 311 Page 24 15.285.2 Use Table Use Category AG-1 AG- 2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Waste-Related Hazardous Waste Collection, Treatment, and Disposal C Septic Tank and Related Services* C C C C C Solid Waste Collection, Treatment, and Disposal C C Solid Waste Processing or Transferring C C PUBLIC, CIVIC, & INSTITUTIONAL AG-1 AG-2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Assembly Governmental, Institutional, or Nonprofit Community Use – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) C C P P P P Club or Lodge – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) C C P P Religious Institution – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) C C P P P P P Civic and Open Space Cemetery – AG-1 and Ag-2 compliance with Wis. Stat. § 91.46(5) PC PC P P P P P Burial Plot under Wis. Stat 157 - AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) LC LC L L L Historic or Natural Resource – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) C C P P P P P P P P P Open Space P P P P P P P P P P P Park P P P P P P P P P Educational Services Personal Instruction Services P P Private One-Room Schoolhouse – AG-1 and AG-2 compliance with Wis. Stat. § 91.46(5) C C L L School (public or private) P Technical or Trade School P Public Administration / Institutional Library P Correctional or Military Institution P C Hospital P Medical Clinic C P Public Safety P P P Social Services and Non-Profit Organizations Child and Youth Services P Elderly and Disabled Services P Family Services (food, emergency, etc.) P INDUSTRIAL/PRODUCTION AG-1 AG-2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Page 69 of 311 Page 25 15.285.2 Use Table Use Category AG-1 AG- 2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Manufacturing & Employment Agricultural Products Processing C C C Asphalt Plant L L L L L P P Brewery or Distillery C C P P Building Construction Services C C P Composting, Commercial C Forest Products Processing C C C C C Heavy Construction Services P Industry, Heavy C P Industry, Light P P Manure Processing Facility C Recycling Facility C C C Renewable Fuel Manufacturing C C Slaughterhouse C P P Winery A A C P P Mining & Natural Resource Extraction Heavy Industrial Mining (if located within the NMO District 15.252) P Metal Extraction C Nonmetallic Mining, (§ 15.370)* C C C C Temporary Nonmetallic Mining (§ 15.370) L L L L Warehousing, Storage & Distribution Contractor Storage Yard (§ 15.330)* C C L L L L Dead Stock Hauling Service C C C Propane Storage and Distribution C C C C Seasonal Storage L L L Self-Storage Facility C C C C L Warehouse (Greater than 20,000 sf) C C Warehouse (Less than 20,000 sf) P P Wholesaling C P P Wrecking and Demolition Service C MISCELLANEOUS AG-1 AG-2 R-1 R-2 R-3 C-1 C-2 C-3 I-1 I-2 CON Accessory Structures & Uses* (15.305) A A A A A A A A A A A Portable Storage Unit L L L L L L L L L L Outdoor Junk Storage (§ 15.353)* P P P P P P P P P P Minor Subdivisions P P P P P P P P P P P Major Subdivisions P P P P P P Notes: P = Permitted | L = Land Use Permit required | C = Conditional | * = Use Regulations apply | U = approval determined by Use Regulations A = Accessory Use 15.286 to 15.299 Reserved. Page 70 of 311 Page 26 USE REGULATIONS Contents: 15.305 Accessory Structures & Uses 15.310 Adult Establishments 15.315 Agricultural Entertainment and Agritourism Uses 15.320 Airstrips 15.322 Campgrounds 15.324 Special Event Campgrounds 15.325 Conservation Design Development 15.330 Contractor Storage Yards 15.335 Chickens and Ducks 15.340 Fences and Walls 15.345 Home Occupations 15.350 Housing 15.352 Salvage Operations 15.353 Junk 15.355 Kennels, Commercial 15.360 Livestock Facilities 15.365 Mobile Tower Siting 15.370 Nonmetallic Mining 15.371 Private One-Room Schoolhouse 15.373 Roadside Stands 15.375 Short-Term Rentals 15.380 Signs 15.381 Skiing Facilities 15.385 Solar Energy 15.390 Travel Trailers 15.395 Wind Energy Systems 15.396 To 15.399 Reserved. 15.305 Accessory Structures & Uses 1. Accessory Buildings. a. Accessory buildings, including private garages and buildings clearly incidental to the residential use of the property, are permitted in the R-1, R-2 or R-3 districts. b. An accessory building may be constructed in the R-1 and R-2 Zoning Districts prior to a principal residential dwelling if the accessory structure meets principal building setbacks. c. No accessory building may be constructed in the R-3 Zoning District, unless a primary residential building is under construction or is already constructed. d. No accessory building may be used as a separate dwelling unit. 2. Accessory Uses. Accessory uses are permitted uses requiring no additional zoning approval, unless the Use Table in 15.285 or a specific Use Regulation in this subchapter describes the need for a Land Use Permit or Conditional Use Permit. 3. Agricultural Accessory Uses. Agricultural Accessory Uses are subject to the following: a. Accessory to Agricultural Uses Page 71 of 311 Page 27 1. Agricultural Accessory Uses shall be subordinate to a Primary Agricultural Use in the AG-1 and AG-2 districts and cannot be engaged in unless a Primary Agricultural Use is actively maintained on the same parcel of land. b. Conditional Uses. 1. The following Agricultural Accessory Uses require a conditional use permit in the AG-1 and AG-2 Districts: a. A business, activity or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures or improvements other than those described in the definition of "Agricultural Accessory Building " in § 15.805 and that employ no more than four (4) full time employees annually and that does not impair or limit the current or future agricultural use of the farm or other protected farmland. b. Sale of agricultural and dairy products not produced on the premises and incidental sale of non- alcoholic beverages and snacks. c. Farm exhibitions as permitted in § 15.315. d. Farm-Based Biopower Facility e. Commercial Kennel f. Commercial Stable g. Riding Supply h. Winery 2. The following Agricultural Accessory Uses require a conditional use permit in the AG-2 District: a. Bed and breakfast operations in existing farm residences located on a farm. b. Airstrips, subject to § 15.320 15.310 Adult Establishments Intent. It is the intent of these regulations to protect the health, safety, and general welfare of the residents of St. Croix County, to preserve the quality of family life, to preserve the rural and urban characteristics of its neighborhoods in St. Croix County and to prevent downgrading of neighborhoods. Being mindful of the effects of adult entertainment upon minors, it is the intent of this section to regulate the location of establishments of adult entertainment. By the enacting this ordinance, the St. Croix County Board of Supervisors does not intend to give any explicit, implicit or tacit approval or condone any activity relating to adult entertainment. 1. Applicability. This section applies to any Adult Establishment. For purposes of this section, an "Adult Establishment" includes any of the following uses as defined in § 15.805: a. Adult Bookstore, b. Adult Motion Picture Theater, c. Adult Motion Picture Theater (Outdoor), d. Adult Mini Motion Picture Theater, e. Adult Bath House, f. Adult Massage Parlor, g. Adult Modeling Studio, h. Adult Body Painting Studio, i. Adult Cabaret, and j. Adult Video Store. 2. Standards for Adult Entertainment Uses. In addition to all other applicable requirements of this Ordinance, all Adult Establishments shall meet the following standards: a. No Adult Establishment shall be permitted within 1,320 feet of the center of any public entrance to a school, library, church, park, playground or daycare facility. The distance shall be measured along the shortest route Page 72 of 311 Page 28 along the street or highway between the points where lines perpendicular to the centers of the public entrances intersect with the street or highway. b. No adult entertainment use shall be permitted within 500 feet of property zoned R-1, R-2 or R-3, AG-1, or AG- 2 districts. The distance shall be measured from the center of any public entrance of the adult entertainment use in a straight line to the closest point of the other property. c. There shall be no sale of intoxicating beverages in the Adult Establishment. d. Signs advertising any of the Adult Establishment shall conform with § 15.380. e. Parking shall comply with § 15.430, and all parking shall be provided in a lighted area. f. There shall be no pornographic displays or signs depicting specified sexual activities or specified anatomical areas on the premises. g. The owner and/or operator of the adult entertainment establishment shall comply with all federal, state and local laws and ordinances, including obscenity, liquor and cabaret laws, and shall further ensure that minors are not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited. h. The hours of operation for such establishments shall be from 8:00 a.m. to 2:00 a.m. i. Outdoor adult motion picture theaters shall also have the viewing screen located in such a fashion as to not be visible from any road, street or highway or residence and the premises shall be surrounded by solid fencing at least eight feet in height. All theaters shall comply with Wis. Stat. § 134.46. j. This section does not permit or authorize any establishment or use which violates other applicable local or county ordinances or Wisconsin law. 15.315 Agricultural Entertainment and Farm Exhibitions Purpose: This section establishes standards for Agricultural Entertainment and Farm Exhibition uses in the County's Agricultural districts and rural commercial areas that accommodate an economic and entertainment demand, complement the County's agricultural economy, and protect surrounding neighborhoods. 1. Agricultural Entertainment a. Applicability. This subsection applies to Agricultural Entertainment, as defined in § 15.805. The applicant must demonstrate the proposed enterprise or business is farm based, meets the definition of a "farm" and is able to clearly show agricultural use activities taking place on the property as the primary use. When applied to the C-2 district, a broader range of recreational uses may be permitted that do not relate to agriculture, however motorized recreational uses are prohibited. b. Where Permitted. 1. Agricultural Entertainment activities that do not exceed 15 calendar days annually are considered an Agricultural Accessory Use and are permitted by right only if accessory to an agricultural use in the AG- 1 and AG-2 districts. This agricultural accessory use must comply with Wis. Stat. § 91.01(1). 2. Agricultural Entertainment activities which exceed 15 days annually are considered an Agricultural Accessory Use that requires a conditional use permit in the AG-1 and AG-2 districts. 3. Agricultural Entertainment activities that do not exceed 30 calendar days annually are considered an Agricultural Accessory Use and are permitted by right only if accessory to an agricultural use in the in the C-2 District. This agricultural accessory use must comply with Wis. Stat. § 91.01(1). 4. Agricultural Entertainment activities which exceed 30 days annually are considered an Agricultural Accessory Use that requires a conditional use permit in the C-2 district. c. Food and Beverages. Agricultural Entertainment may include the incidental preparation and sale of beverages and food. For purposes of this subsection, "incidental" means that: 1. food or beverages are not a primary reason to frequent the establishment, but instead are offered for purchase as a convenience to the customer, and 2. occur either: a. inside a structure devoted to an agricultural use or a residence, or Page 73 of 311 Page 29 b. in locations that are not visible from the public right-of-way and that occupy no more than 2,000 square feet cumulatively. 2. Farm Exhibitions. a. Applicability. This section applies to farm related exhibitions, sales or events such as auctions, dairy breakfasts, exhibitions of farm machinery and technology, agricultural association meetings and similar activities. b. Where Permitted. 1. Farm Exhibitions occurring no more than 5 days in a calendar year are considered an Agricultural Accessory Use and are permitted by right only if accessory to an agricultural use in the AG-1 and AG-2 districts. This agricultural accessory use must comply with Wis. Stat. § 91.01(1). In the C-2 district this use is permitted by right. 2. Farm Exhibitions occurring on more than 5 days in a calendar year are considered an Agricultural Accessory Use that requires a conditional use permit in the A-1 and A-2 districts; in the C-2 district this use requires a land use permit. 3. Event Plan / Land Use Permit a. This subsection applies to any Rural or Agricultural Entertainment or Farm Exhibition anticipated to have attendance of more than 100 persons during a 24-hour period. b. An event plan addressing the items in Table 15.315.1 (Event Plans) shall be filed and approved with a land use permit from the Land Use Administrator. For Farm Exhibitions, the applicant shall file and obtain approval of the event plan annually. The event plan shall address the following: Table 15.315.1 Event Plans Item Addressed Agricultural Entertainment Farm Exhibitions Parking * * Proposed days and hours of operation * * Ingress and egress (including any permit required by the appropriate road jurisdiction) * * Sanitation * * Other public safety issues * * Signs * Solid waste management * * (asterisk [*] = item is required | blank cell = item not required) c. The applicant shall file the approved land use permit with the appropriate town clerk, fire department, emergency medical provider, the St Croix County Sheriff’s Department and any other local law enforcement agency that has responsibility for providing police protection services for the Agricultural Entertainment or Farm Exhibition activities, at least 30 days prior to the start of any such activities in each calendar year. 15.320 Airstrips 1. Applicability. This section applies to airstrips that are not agriculture-related or agriculture-accessory uses. 2. Notice to Law Enforcement Agencies. If approved by the Community Development Committee, the applicant shall notify all police Agencies in the vicinity of the airstrip, together with the County Sheriff's Department and the Central Communication Center of the existence of the airstrip, its location and its length. 3. Location. The airstrip in question shall be located as close as possible to the center of the real estate owned by the applicant, unless the topography of the real estate in question causes a central location to be unreasonable. 4. Length. The airstrip shall be of sufficient length to: a. Enable safe takeoffs and landings by any and all airplanes owned by the applicant or by airplanes that the applicant approves to land at the airstrip. b. Be approved by the Wisconsin Department of Transportation, Bureau of Aeronautics, and Page 74 of 311 Page 30 c. Safely and reasonably comply with 14 CFR § 91.9 (Civil aircraft flight manual, marking, and placard requirements). 5. Abandonment. Upon being notified that an airstrip with an approved conditional use permit is abandoned by the applicant, the Land Use Administrator shall notify the applicant and its successor or assigns that the conditional use permit is terminated. 6. Conveyance. Upon the sale, transfer, lease or other conveyance of the real estate on which an approved airstrip is located, the new purchaser, transferee or lessee of the real estate shall immediately file a notice of the purchase, transfer or lease with the County Land Use Administrator. The notice shall contain the statement that the new purchaser, transferee or lessee agrees to conform to and abide by these standards. Upon receipt of the notice, the Land Use Administrator shall inform the purchaser, transferee or lessee of these standards. 7. Paved Strips Not Permitted. Airstrips shall remain as grass or sod strips only and be properly maintained for that use. (See submittal requirements of § 15.590) 8. Hold Harmless Agreement. Upon approval of the proposed airstrip by the Community Development Committee, the applicant shall execute a hold harmless agreement in favor of the County, which shall indicate that the applicant has sole responsibility for any and all damage caused to any person or property by the operation of the County approved airstrip. 9. Flight Altitudes. The airstrip shall comply with Section 14 CFR § 91.119 (Minimum Safe Altitudes; General). 15.322 Campgrounds 1. Applicability. This section applies to public and private campgrounds that accommodate 3 or more camping units. 2. Standards. a. Campgrounds shall have adequate water supply and sanitary facilities to accommodate occupancy per Wisconsin State Statute and Administrative Code. b. Campgrounds shall be licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP) and comply with Wisconsin Administrative Code ATCP 79, Campgrounds. c. Public and Private Campgrounds may include commercial recreational activities such as waterslides, mini golf, etc., and may include retail sales of goods directly related to the recreational activities on the site. d. No campground shall be located so that drainage from the campground will endanger any water supply, surface or ground. e. All sites shall be well drained. No wastewater from the trailers or other recreational vehicles shall be deposited on the surface of the ground. f. Each campsite parking spot shall be plainly marked and surfaced with gravel, asphalt, or other material to free the site of mud. g. The operator shall require a minimum distance of 10 feet between camping units measured from the outside edge of one camping unit to the outside edge of another camping unit, including slide outs. h. No more than one travel trailer or motorhome shall be allowed on any individual campsite. i. No porches, lean-tos, or additions shall be constructed onto or immediately adjacent to a camping unit. j. A camping unit shall not be occupied for more than eight months in a calendar year. k. All campsites shall be located at least fifty (50) feet from all exterior lot lines. l. An operator may designate no more than 15 individual campsites per acre of campground. Each campsite is limited to six (6) campers or an individual family. An operator may allow no more than 60 campers per acre in a group campsite. m. Every structure in a campground shall be developed and maintained in a safe manner. n. The operator shall provide a waste management plan. o. Each campground shall have a building for the use of the operator distinctively marked "office". A map of the campground shall be displayed at the office. p. The operator shall maintain a written or electronic campground register that contains the name of each principal campsite occupant, the person's contact information, the person's arrival and departure dates and the number Page 75 of 311 Page 31 of campers in the person's party. The campground register shall be available to any authorized employee or agent of the department who, in carrying out his or her duties, asks to inspect the register. The operator shall keep the campground register for at least two (2) years after the principal campsite occupant's date of departure from a campsite. q. The operator shall display a durable sign posted in public view with the following wording "EMERGENCY COMMUNICATIONS". The sign shall provide directions to the nearest location where a telephone is available for emergency use. 3. Application. In addition to conditional use permit submittal requirements outlined in Table 15.590.1, the following information shall be provided: a. Location and size of all vehicle or tent sites, recreation areas, storage areas, roadways, parking areas and all setback dimensions. b. Plans for sanitary sewage disposal, surface drainage, water systems, electrical service and gas service. c. Plans for site lighting. d. Method of disposing of garbage. e. Road construction plans and specifications. f. Such other information as may be required by the Department. 15.324 Special Event Campgrounds_____________________________________ 1. Applicability- This section applies to special events which do not exceed 14 days in duration per event. 2. Standards. a. Special Event Campgrounds shall obtain a license from the St. Croix County Public Health Department. b. Adequate potable water supply and sanitary facilities shall be provided to accommodate occupancy per Wisconsin State Statute and Administrative Code. No wastewater from the trailers or other recreational vehicles shall be deposited on the surface of the ground. c. All sites shall be well drained. d. Each campsite shall be plainly marked. e. The operator shall require a minimum distance of 10 feet between camping units measured from the outside edge of one camping unit to the outside edge of another camping unit, including slide outs. f. No more than one travel trailer, pickup camper, tent, or motorhome shall be allowed on any individual campsite. g. All campsites shall be located at least fifty (50) feet from all exterior lot lines. h. An operator may designate no more than 30 individual campsites per acre. Each campsite is limited to six (6) campers or an individual family. i. Every structure onsite shall be developed and maintained in a safe manner. j. The operator shall provide a liquid and solid waste management plan. k. A map of the campground and emergency contacts shall be displayed at the entrance and restroom facilities. l. The operator shall maintain a written or electronic campground register that contains the name of each principal campsite occupant, the person's contact information, the person's arrival and departure dates and the number of campers in the person's party. The campground register shall be available to any authorized employee or agent of the department who, in carrying out his or her duties, asks to inspect the register. The operator shall keep the campground register for at least two (2) years after the principal campsite occupant's date of departure from a campsite. 3. Application. In addition to conditional use permit submittal requirements outlined in Table 15.590.1, the following information shall be provided: g. Location and size of all vehicle or tent sites, recreation areas, storage areas, roadways, parking areas and all setback dimensions. h. Plans for sanitary sewage disposal, surface drainage, water systems, electrical service and gas service. i. Plans for site lighting. Page 76 of 311 Page 32 j. Method of disposing of liquid and solid waste. k. Road construction plans and specifications. l. Such other information as may be required by the Department. 15.325 Conservation Design Development Purpose: The Conservation Design Development standards are intended to provide a residential development option that supports the rural character and residential development goals of St. Croix County, as referenced in the St. Croix County Comprehensive Plan, while preserving open space, agriculture, and natural resource areas. 1. Permitted Uses 1. Permitted uses in the Common Open Space portion of the Conservation Design Development shall include all uses permitted in the Conservancy District (§ 15.275) and the development’s clubhouse/lodge. 2. Conditional Uses. The following uses require a conditional use permit: 1. Conditional Uses allowed in the Conservancy District. 2. Equestrian boarding and riding facilities available only to development residents. A 590 Nutrient Management Plan is required for the manure produced on the site. 3. Density Standards. a. Residential Base Density. The Residential Base Density, or the base number of allowable dwelling units, is determined by the yield plan pursuant to Ch. 13, St. Croix County Code of Ordinances. Existing dwellings that may or may not be part of a farmstead that will be retained shall be counted toward the base density. b. Residential Gross Density. The total number of dwelling units allowed in a CDD is referred to as the Residential Gross Density. This is calculated as the Residential Base Density plus 25% of the number of dwelling units prescribed by the Residential Base Density. Table 15.325.1 Conservation Design Density Allocation Examples Yield Plan Base Density Gross Density Dwelling Units Mix Sample Breakdown Totals 18 Lots 18 DU 22 DU 22 SFDU 22 –1-Family Detached DU 22 DU 50 Lots 50 DU 62 DU 47 SFDU + 15 MFDU = 62 DU 47 –1-Family Detached DU 5 –3-Family Attached DU 47 DU + 15 DU = 62 DU 100 Lots 100 DU 125 DU 94 SFDU + 31 MFDU = 125 DU 94 –1 Family Detached DU 7 – 2-Family Attached DU 3 – 3-Family Attached DU 2 – 4-Family Attached DU 94 DU + 14 DU + 9 DU + 8 DU = 125 DU DU = Dwelling Units | SFDU = Single Family Detached Dwelling Units | MFDU = Multi Family Attached Dwelling Units 15.330 Contractor Storage Yards 1. Permits a. A Contractor Storage Yard permit shall be obtained prior to operating this type of use. b. A Contractor Storage Yard shall not be permitted on a lot less than three (3) acres in size. 2. Operational Standards a. The applicant shall maintain the property in a neat and orderly manner. b. Activities are limited to the storage of equipment and vehicles for use off-site. No manufacturing, retail services, or other business services shall take place on the same lot. c. In the R-1 or R-2 districts, hours of operation shall not occur earlier than 6:00 a.m. or later than 7:00 p.m. Page 77 of 311 Page 33 d. The applicant shall secure all necessary permits and approvals from the Town and obtain any other required local, state, or federal permits and approvals. 3. Lighting. To minimize glare, all lighting associated with the Contractor Storage Yard shall be illuminated downward and shielded away from abutting properties and any public road. 4. Screening. The applicant shall provide vegetative screening from any abutting lot in the R-1, R-2 or R-3 Zoning Districts. 15.335 Chickens and Ducks Purpose: This section provides for the raising of chickens and ducks as an accessory use in a residential district, to allow for local food production while protecting the surrounding neighborhood and environment. 1. Applicability. This section applies to the keeping of chickens and ducks on lots less than three (3) acres within the residential districts. 2. Generally. For purposes of this section, "Chickens" refers to either chickens or ducks. 3. Standards. a. The maximum number of chickens allowed is twelve (12) per parcel. b. Only female chickens (hens) are allowed. c. Chickens must be contained within the parcel at all times. d. Henhouses and chicken pens must be located in a rear or side yard, at least ten (10) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business. 15.340 Fences and Walls Purpose: This section regulates fences and walls to preserve the County's rural character, and to prevent the obstruction of motorists' vision. 1. Applicability. This section applies generally to fences or walls. Any conflicting provisions in the zoning district regulations, another Use Regulation, or a Development Standard supersede this section. 2. Location. Fences and walls may be located in any required setback area. Privacy fences must meet road setbacks, but open fences can go up to the highway right-of-way. No privacy fences are allowed within the vision triangle. 3. Height. Privacy Fences, at least 50% opaque and at least 4 feet in height, shall not exceed 8 feet in height. Open fences shall not exceed 12 feet in height. 4. Design. The finished side of the fence shall face outward toward the public right-of-way and/or adjacent parcel. 5. Fences along Highways: When a fence is located along a road right-of-way, adequate parking shall be provided between the fence/gate and roadway to prevent a vehicle or object from protruding into the roadway while the operator is opening the fence. 15.345 Home Occupations Purpose: The purpose of this section is to: Protect residential and agricultural areas from adverse impacts of activities associated with home occupations; Permit residents of the community an opportunity to conduct a business at their place of residence; and Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in the Residential Rural (R-1), Residential Neighborhood (R-2), Residential Mixed (R-3), and Agricultural (A-1 and A-2) districts. Provide for certain types of restricted occupational uses within the Residential Rural (R-1), Residential Neighborhood (R-2), Residential Mixed (R-3), and Agricultural (A-1 and A-2) districts which: • Are incidental to the use of the premises as a residence or a farm; • Are compatible with residential or agricultural uses; Page 78 of 311 Page 34 • Are limited in extent; and • Do not detract from the residential or agricultural character of the neighborhood. 1. Applicability and Definitions. This section applies to any home occupation. Home occupations are divided into minor, major, and nonconforming home occupations, defined as follows: a. A minor home occupation is a home occupation as defined in subsection 3 authorized by this section without a hearing or permit. b. A major home occupation is a home occupation as defined in subsection 4 that is authorized as a conditional use. c. A nonconforming home occupation is one which was established and maintained prior to the effective date of this section but is no longer allowed because of the application of this section or any amendment hereto. 2. General Standards. The following standards apply to all home occupations: a. The person principally responsible for the home occupation must reside at the location of the proposed home occupation. b. All home occupations shall be clearly incidental and secondary to the use of a dwelling or accessory structure for residential or agricultural purposes, and the appearance of the structure shall not be altered or the occupation within the dwelling or accessory structure be conducted in such a manner which would cause the premises to differ from its residential or agricultural character by either the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, odors or vibrations. c. In no case shall any home occupation be open to the public at times earlier than 7:00 a.m. nor later than 10:00 p.m. d. A home occupation shall have adequate off-street parking spaces available to compensate for additional parking needs generated. e. Storage 1. There shall be no exterior storage of business equipment, merchandise, inventory, vehicles or heavy equipment. 2. Materials, including organic materials such as rock or plants, may be stored within the permitted home occupation area (see subsection 4.c.1.c below) outside of an enclosed structure. 3. There shall be no exterior storage of junk. f. Home occupations shall not produce noise or objectionable odors, vibrations, glare, fumes or electrical interference detectable beyond the lot line of the parcel on which the home occupation is located. g. Home occupations shall not illegally discharge any materials, fluids or gases into the sewer system or into an on-site waste disposal system nor discharge such items in violation of any applicable government code. h. Garage sales, craft sales or other similar sales are permitted without special permit if they meet the following standards: 1. Sales last no longer than three days. 2. Sales are held no more than twice yearly. 3. Sales are conducted on the owner's property. Multiple family sales are permitted if they are held on the property of one of the participants. i. Sign(s) as allowed as provided in § 15.380. i. Only one major home occupation shall be allowed per residence, regardless of how many parcels the owner owns. If the proposed use of the property falls under different uses listed in § 15.285 or different definitions in this ordinancechapter, the proposed use shall be considered more than one home occupation and prohibited under this provision. 3. Minor Home Occupations. a. A home occupation is considered a minor home occupation that is allowed without permit or hearing, if it conforms to all of the following: Page 79 of 311 Page 35 1. Minor home occupations shall not be conducted in any building on the premises other than the principal dwelling. 2. No Only one person other than a resident of the principal dwelling may be engaged or employed in a minor home occupation. 3. The area set aside for the home occupation shall not exceed 50% of the total floor area of the residence. 4. The selling of stocks of merchandise, supplies or products is not conducted on the premises. However, orders previously made by internet, telephone or at a sales party may be filled on the premises. That is, the direct sale of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above. 5. Parties for the purpose of selling merchandise or taking orders are not held more than 4 times each month. 6. Minor home occupations cannot involve explosives, fireworks, or repair of motor vehicles. 7. Any traffic generated should be minimal and normal for a residential neighborhood, with client meetings required to be by appointment only. 5. Signage shall be limited to a maximum of two square feet. b. In the AG-1 and AG-2 district, Minor Home Occupations are allowed if they: 1. comply with all applicable requirements of this section, and 2. do not impair or limit current or future agricultural use of the farm on which they are performed, and 3. do not engage or employ any persons other than the residents of the principal residence located on the farm, and 4. comply with Wis. Stat. § 91.01(1). 4. Major Home Occupations a. A major home occupation is any proposed or existing home occupation that does not meet the standards for a minor home occupation. b. A major home occupation requires a conditional use permit. c. All major home occupations shall meet all of the following additional standards: 1. Major home occupations must be conducted: a. within the principal dwelling if the area set aside for the major home occupation does not exceed 50% of the total floor area of the principal dwelling, or b. within a permitted accessory structure (alone or in combination with the principal dwelling), if the total floor area dedicated to the home occupation, including any area used in the principal dwelling, is limited to 6,500 square feet, or 2. Major home occupations may not be located within 100 feet of any preexisting neighboring residence. 3. Home occupations shall be service orientated or involve taking a raw product and creating a finished product onsite. Only 45% of sales shall be merchandise items not produced onsite or sold within the dwelling or structure used for a major home occupation. A product bought and installed offsite by the business is not limited by this provision. 4. Major home occupations authorized in an Agricultural District must be limited to agriculturally related activities. 5. Inspections. There may be 1 annual inspection each year of any authorized home occupation by the Land Use Administrator or his designee. In addition, the Land Use Administrator or his designee may at any time, upon reasonable request, enter and inspect the premises for safety and compliance purposes. 15.350 Housing Purpose: To Accommodate housing types that diversify St. Croix County housing stock, provide a broad choice of housing types, and affordable housing options, while promoting the efficient use of land through different development styles. Page 80 of 311 Page 36 1. Applicability. This section applies to single family detached units, two-family and multifamily units, manufactured homes and caretaker units as specified below. 2. Dwelling Unit Area. Every dwelling unit shall provide 500 sq. feet of minimum floor area for each family residing in the building. 3. Multifamily Dwellings a. Where allowed. Multifamily dwellings are a permitted use in the R-3 district. b. Landscaping and Screening. All Multifamily structures shall meet landscaping requirements as described in 15.420. 3. Manufactured Homes a. Where Allowed. Manufactured Homes are permitted in all districts where Single-Family Dwellings are permitted, to include the AG-1, AG-2, R-1, R-2, R-3, and C-2 Districts, subject to the supplemental regulations in this subsection. b. Installation. A Manufactured Home shall comply with the installation standards established by the Wisconsin Department of Safety and Professional Services. The bottom of manufactured homes shall be skirted and shall be anchored sufficiently for high winds. c. Foundation. A continuous permanent masonry foundation or masonry curtain wall slab, unpierced except for required ventilation and access, shall be installed under the perimeter of Manufactured Home. d. Moving Equipment Removed. The moving hitch, transporting lights shall be removed. 15.352 Salvage Operations 1. Standards. a. Commercial salvage operations are permitted only as a conditional use and only in the R-1, C-1, I-1 and I-2 districts. b. No portion of any salvage operation may be located in the road setback area. c. Salvage materials shall be enclosed by an opaque fence, berm, and/or year-round vegetative screening so that materials are not visible from other property in the vicinity of the salvage operation nor from a public road nor from navigable water. d. Salvage materials shall not be located within 300 feet of any residence other than that owned by the owner of the premises and 1,000 feet from a lake, river or stream. e. Salvage material shall not be located in a wetland, floodplain, intermittent stream, drainage way or storm water basin. f. For public safety, an emergency management plan and spill response plan shall be in place to address fire protection, chemical or oil spills, and other contaminants that may be present onsite. g. No item may be stored within the salvage operation that contains hazardous materials that could contaminate the soil or water. All liquids shall be drained from any containers, salvage vehicles or equipment. h. All lithium batteries shall be isolated and contained to prevent damage to other vehicles and structures if a fire starts. i. At a minimum, there shall be five feet of soil between the water table or bedrock. 15.353 Junk Purpose: This section provides for the regulation of junk, when stored outdoors, in order to protect the general health and welfare of the community. Junk stored outdoors can cause soil and water contamination, cause negative impacts to surface waters and groundwater, decrease property values, and have negative impacts on the aesthetics of an area or neighborhood. Page 81 of 311 Page 37 1. Applicability. Specifically, but not limited by enumeration, the following items meet the definition of junk as defined in Section 15.805: a. Motorized vehicles or motorized equipment of any type, if not currently capable of motorized operation including, but not limited to, cars, vans, trucks, recreation vehicles, watercraft, motor homes, lawn mowers, snow blowers, outboard motors, go-carts, mopeds, scooters, agricultural equipment, and minibikes b. Non-motorized vehicles intended to transport persons or property on a road or highway, including trailers and bicycles, if not currently safe to use on the road. c. Vehicle parts d. Tires, with or without rims e. Interior appliances and electronic equipment not in use including, but not limited to, cooktop range and ovens, refrigerators, dishwashers, fans, clothes dryers, clothes washers, microwaves, televisions, screens, audio equipment, computers, arcade games and vending machines. f. Interior plumbing and mechanical fixtures not in use including, but not limited to, toilets, sinks, piping, bathtubs, tub surrounds, water heaters/tanks, water softeners, humidifiers, dehumidifiers, wood-burning stoves, furnaces and related piping and ductwork. g. Interior furniture that is abandoned, discarded or damaged including, but not limited to, sofas, recliners, mattresses, bed frames, dressers, credenzas, desks, tables and chairs. h. Outdoor recreation equipment that is disassembled or broken including, but not limited to, trampolines, above-ground swimming pools, swimming pool components and patio furniture. i. Building components or construction materials not suitable for use or in use including, but not limited to, doors, windows, siding, shingles, lumber and flooring. j. Outdoor fixtures or containers not currently in use including, but not limited to, fuel tanks, propane tanks, liquid barrels and air conditioners. k. Scrap metal, plastic, or glass not in use. l. Any other item similar in nature to the above list 2. Standards a. The accumulation of junk outdoors is prohibited in any zoning district. b. Exceptions. The accumulation of certain junk items is permitted in the rear yard if it meets the following: 1. The items are unbroken and intended to be put to use. 2. Screened from ordinary public view and from neighboring property by means of opaque fencing and/or year-round vegetative screening or other appropriate means. 3. If the property is vacant or does not have a primary building located on the lot, the rear yard area shall begin 100 feet from the front lot line. 4. Located in one (1) contiguous area. 5. The area does not exceed the lesser of 2000 square feet or 2% of the area of the rear yard. 6. Agricultural equipment in operational condition and still being used. 7. No item may be stored within the designated storage area that contains hazardous materials that could contaminate the soil or water. All liquids shall be drained from any containers, junk vehicles or equipment. Page 82 of 311 Page 38 Stored items shall not be located in a wetland, floodplain, intermittent stream, drainage way or storm water basin. Figure 15.353.1 Outdoor Junk Storage Dimensional Standards 15.355 Kennels, Commercial 2. Location a. Kennel structures shall be set back at least 300 feet from all property lines. b. Kennel structures shall be located at least 50 feet from any potable water supply well. 3. Standards a. Kennel structures housing animals shall provide soundproofing so that animal noise cannot be heard beyond owner’s lot lines. b. All animals shall be housed indoors from 9:00 p.m. to 6:00 a.m. c. There shall be no more than the following number of adult dogs or cats, six months of age or older, outdoors at any one time: 1. 16 in the AG-1, AG-2, C-1, or C-3 districts. 2. 6 in the R-1 District. d. The operator shall provide a plan for animal waste management to ensure timely collection and safe disposal. This requirement is intended to address site odor, stormwater runoff contamination and public health protection. e. Additional standards to allow lesser setbacks for outdoor kennels by conditional use permit: 1. Views of outdoor kennel structures shall be entirely obscured from the property line through a combination of walls, berms, fences and/or landscaping. 2. Barking and other noises shall be mitigated through the use of walls, berms, fences, bark suppression collars and/or landscaping. 15.360 Livestock Facilities Page 83 of 311 Page 39 Purpose: This section provides for livestock facilities that support the County's agricultural economy, allow a reasonable economic return for agricultural property owners, protect surrounding neighborhoods, and minimize the environmental and public health impacts of intensive livestock facilities. 1. Applicability. This section applies to all animal units, except household pets, in all districts. 2. Generally. a. Except for chickens and ducks as permitted under 15.335, no animal units may be kept on lots or parcels less than 3 acres, nor on lots or parcels in a major subdivision unless provided for in the plat. b. No livestock facility with 200 or more animal units shall be permitted in the R-2 district. c. One animal unit per acre of land suitable for animal waste utilization, consistent with NRCS 590 Nutrient Management, is allowed without a permit on lots or parcels of 3 acres or more in size. Land suitable for animal waste utilization excludes: 1. wetlands or lands below the OHWM, 2. closed depressions, 3. slopes in excess of 25%, and 4. other areas that may be determined as sensitive and adversely affecting surface water or groundwater quality. 3. Permitted Districts and General Standards Table15.360.1 Livestock Facility Locations and Standards Standard Livestock Facility Threshold (AU = animal unit) < 1 AU per acre of land suitable for animal waste utilization or < 200 AU > 1 AU per acre of land suitable for animal waste utilization and < 200 AU < 1 AU per acre of land suitable for animal waste utilization and 200-499 AU > 1 AU per acre of land suitable for animal waste utilization or > 500 AU Land Use Permit Required? No No (A-1, A-2, R-1) Yes (A-1, A-2) Conditional Use Permit Required? No Yes (R-2) No Yes (R-1) 4. Minimum Parcel Size. Minimum parcel size for any livestock facility exceeding 199 AU in the R-1 district is 10 acres. 5. Structure Setbacks a. The following structure setback provisions apply to livestock structures, including animal waste storage structures, manure processing facilities, and other structures housing animal units in the A-1, A-2, R-1, R-2 Districts. 1. All structures must be set back at least 100 feet from any property line or public road right-of-way if the facility has less than 1000 animal units. 2. All structures must be set back at least 200 feet from any property line or 150 feet from a public road right- of-way if the facility has 1000 animal units or more. 3. All animal waste storage structures must comply with Chapter 11 of the St. Croix County Code of Ordinances and be set back at least 350 feet from any property line or the nearest point of any public road right-of-way unless the animal waste storage structure existed prior to May 1, 2006. 4. Minimum of five feet of vertical soil separation between bedrock, karst features, the water table, or other limiting factor and any storage facilities. b. Exemption for Equipment and Piping. Equipment and piping used to transport animal waste from a livestock facility to an animal waste storage structure are exempt from the setback provisions in this subsection. Page 84 of 311 Page 40 c. Manure Processing Facilities. 1. All manure processing facilities must follow the conditional use permit requirements and submit necessary supporting documentation, including a nutrient management plan for all waste processed onsite. All manure processing facilities shall provide 180 days of waste storage onsite for both processed and unprocessed waste. 2. No processed waste from such facility shall be spread or applied to land with less than 10 feet to bedrock or karst features. The separation of five (5) feet shall be maintained between the application depth and seasonally saturated groundwater areas. 3. No industrial or biological waste may be mixed with the organic animal waste. 4. No animals or animal parts may be processed in such facility. 5. All waste transported into or processed at the facility must originate within St. Croix County. 6. Facility must comply with Chapter 11 of the St. Croix County Code of Ordinances, including internal drainage and containment of runoff of the facility. 7. Truck Traffic must comply with seasonal weight restrictions. 8. Manure processing facilities shall not be located within a wellhead protection area. 9. Owner shall provide routine testing to make sure the air quality standards are met. 15.365 Mobile Tower Siting Purpose: Accommodate communication, radio and television generation needs while protecting the public health, safety and welfare. Minimize adverse visual impacts of the associated ground structures with screening requirements and impacts of nearby property. 1. General Provisions a. Applicability. 1. The following regulations and standards apply to all mobile support structures and facilities in all Zoning Districts unless otherwise provided in this section. 2. Subject to subsections 3.b and c below, Mobile Support Structures and Radio and Television Broadcasting Studios are permitted in all Zoning Districts, with a Land Use Permit. b. Mobile Support Structures in The Public Right-of-Way. Pursuant to the County’s authority under Wis. Stat. § 59.54(6), no mobile support structure or its structural components shall be erected or temporarily placed within any road or highway or its right-of-way. c. Mobile Support Structures Exempt from Regulation. The following mobile support structures and facilities are exempt from regulation under this section: 1. Amateur Radio Antennas constructed for use by licensed amateur radio operators up to: a. 60 feet high, or b. 100 feet when extended by a telescoping or crank-up mechanism, with a maximum height of 60 feet when retracted. 2. Reception-only antennas and dishes for television and radio. 2. Permit Process a. Permit Required. A land use permit is required for a new mobile support structure and facilities, Co-Locations, and modifications to existing facilities. b. Permit Decision & Appeal Process for New Mobile Support Structures 1. If an applicant submits to the Land Use Administrator an application for a permit for a new or modification of mobile support structure and facilities, or collocation, which contains all of the information required under this ordinance, it shall be considered complete. Page 85 of 311 Page 41 2. If the Land Use Administrator does not believe that the application is complete, the applicant will be notified in writing, within 10 days of receiving the application that the application is not complete. The written notification shall specify in detail the required information that was incomplete. c. Permit Decision & Appeal Process for Collocations and Modifications 1. If any of the required information is not in the application, the Land Use Administrator shall notify the applicant in writing, within 5 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. 2. Within 45 days of receipt of a complete application, the Land Use Administrator shall complete the review of the application, or the applicant may consider the application approved, except that the applicant and the Land Use Administrator may agree in writing to an extension of the 45-day period. 3. Standards a. Setbacks. The setback for mobile service support structures and facilities shall meet the provisions of § 15.242. or at least 150% of height unless a fall zone approval by a professional engineer is submitted. b. Aeronautical Safety. The County may disapprove an application involving creation of a new mobile support structure where: 1. the new structure would extend into air space protected by 47 C.F.R. 17.7(b). c. Removal of Mobile Support Structure & Facilities. Any mobile support structure and facilities which is not used for the use for which the permit was granted for 12 consecutive months must be removed and the site restored within 3 months. The site shall be restored to its original condition and anchoring elements shall be removed from the ground to a depth of at least 8 feet below grade. If removal and restoration are not completed, the County is authorized to complete the removal and site restoration and charge the cost to the performance bond. d. Performance Requirements 1. A performance bond in a form acceptable to the Land Use Administrator shall be submitted at the time of application to provide for the removal of the mobile support structure and facilities. The bond shall be $20,000. 2. The bottom of the mobile support structure and facilities from ground level to 12 feet above ground shall be designed to prevent unauthorized climbing and shall be enclosed with a minimum 6-foot-high chain link fence with a locked gate. Guyed tower anchoring points shall also be enclosed with a 6-foot-high chain link fence. 3. Security lighting shall be downward directed and shielded to keep light within the boundaries of the site. 4. Adequate parking shall be provided for maintenance and repair vehicles. 5. A written acknowledgment from the landowner of a leased site that they will abide by the applicable conditions of the Land Use Permit, including the restoration and reclamation requirements in subsection 5.c of this section. 6. Installation of the wireless mobile support structure and facilities shall comply with the manufacturer’s specifications. 7. New mobile support structure and facilities shall provide space for at least two co-locations. e. Prohibitions 1. No wireless communication facility shall be artificially illuminated unless required by the FCC or FAA. 2. A temporary mobile transmission facility site is not permitted except in the case of equipment failure, equipment testing, equipment replacement, or emergency and prior authorization is obtained from the Land Use Administrator. Use of a temporary site for testing purposes shall be limited to 24 hours, and the use of a temporary site for equipment failure, equipment replacement or emergency shall be limited to 30 days unless extended for good cause in writing by the Land Use Administrator. 3. There shall only be one mobile support structure and facilities on a parcel of land. f. Biennial Report. The mobile support structure and facilities owner shall submit each even-numbered year on or before January 31st, a transmission facility information report, on a county- provided form. The report shall Page 86 of 311 Page 42 detail the use, maintenance and condition of the wireless mobile support structure and facilities. The report shall be accompanied by a 2-year renewal of the performance bond. g. Safety Inspection. If the county has reason to believe that a wireless mobile support structure and facilities is a safety risk, it may require the permit holder to perform an inspection by a registered engineer and provide a copy of the report to the Land Use Administrator within 60 days of notice by the County that an inspection is required. 15.370 Nonmetallic Mining Purpose: Nonmetallic Mining is permitted as a conditional use or a temporary use in the AG-1, AG-2, R-1, and I-2 districts and is regulated by Chapter 14 of the County Code of Ordinances. This section protects public health, safety and general welfare and ensures that Nonmetallic Mining is compatible with the applicable district, while accommodating these uses as an important industry that contributes to the County's economic well-being. 1. General Standards. Non-metallic mining operations shall comply with: a. Chapter 14 of the County Code of Ordinances, and b. A buffer zone of at least one hundred (100) feet, measured horizontally, shall be maintained along adjoining property lines and public roads and highways. Areas within the buffer zone may be used for earthen berms, fencing, egress/ingress (except for internal haul roads), planting of trees and other uses that help create a buffer between the nonmetallic mining operation and neighboring properties. c. If an operator is not the owner of a nonmetallic mining site, the term of the nonmetallic mining permit shall not exceed the term of the lease and/or agreement between the operator and the owner of the nonmetallic mining site. d. Wash ponds and settling ponds shall have five feet of separation distance to bedrock. e. For sites with planned excavation lower than the groundwater table, the operator shall submit a detailed hydrogeologic report. The operator shall be required to reimburse the county for the expense of professional work or opinions in review of a hydrogeologic report if recommended by staff or the Community Development Committee. The hydrogeologic report shall provide the following information, as well as a description and justification of all hydrologic methods used: i. Existing conditions to establish baseline data, including but not limited to: 1. Analysis of groundwater quality on the mining site consistent with Wisconsin Administrative Code Chapter NR § 140.20. 2. Identification of all known contaminated groundwater resources within one-half mile of the mining site. 3. Identification of all karst features such as sink holes, stream sinks, springs, caves, joints, or fractures within one-half mile of the mining site. 4. Identification and elevation of all surface waters and headwaters within a minimum of one-half mile of the mining site. Elevations must include the existing water level, as well as the ordinary high- water mark where applicable. 5. Identification of all existing groundwater users (neighboring private water-supply wells, well head protection areas, municipal wells, irrigation wells, and etc.) within 1200 feet of the mining site consistent with Wisconsin Administrative Code Chapter NR 812. Well construction reports including well location, well depth, depth of casing, depth to water, and aquifers penetrated should be identified. 6. Elevation of the groundwater table, groundwater flow directions, and groundwater velocities. 7. All information in b) – e) above shall be presented in the form of contour maps and multiple geologic cross-sections passing through the proposed excavation and all areas of concern. All horizontal and vertical measurements shall be referenced to a permanent reference point of the St. Croix County Coordinate System. ii. Proposed operational data, including but not limited to: 1. Elevation of the lowest point of mining and dewatering activities below groundwater. 2. Description of the means planned to prevent surface water running into Page 87 of 311 Page 43 the excavation. 3. Where dewatering is proposed, provide pumping rates and times; elevation of the groundwater draw down level; and identification of groundwater discharge locations and quantities. 4. A groundwater monitoring program to ensure compliance with a. and b. above. Such program should include the installation of monitoring wells near the site perimeter of the proposed area of excavation to measure groundwater elevations, quality, flow directions, and velocities. iii. The Community Development Committee may require the applicant to provide additional relevant hydrogeologic studies such as groundwater modeling, when: 1. Dewatering is proposed at the mining site, 2. Known contaminated groundwater resources exist within one-half mile of the mining site, 3. Known karst features such as sink holes, stream sinks, springs, caves, joints, or fractures exist within one-half mile of the mining site, 4. Exceptional, outstanding, and/or 303d WDNR-listed waters exist within one-half mile of the mining site, or f. All petroleum products kept onsite and related to the mining operation shall be stored in state approved fuel storage containers and shall be in accordance with federal standards for storage and fueling areas. a.g. As a condition of approval, the operator shall accept responsibility for remediation or the permit may be revoked. b.h. Wis. Stat. Chapter 295, subchapter I, and rules promulgated under that subchapter as well as with local ordinances adopted under Wis. Stat. §§ 295.13 or 295.14, applicable provisions of this Section, and any requirements of the Wisconsin Department of Transportation concerning restoration of nonmetallic mineral mine sites. 2. AG-1 and AG-2 Districts. In the AG-1 and AG-2 districts, the applicant shall demonstrate that: a. The operation and its location: 1. considered alternative locations outside of the AG-2 District, or 2. is specifically approved for the location under state or federal law. b. The operation is reasonably designed to minimize the conversion of land around the mine site from agricultural or open space uses to other land uses. c. The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. d. The owner or operator will restore the mine site to agricultural uses, consistent with a reclamation plan calling for such type of restoration once the nonmetallic mineral mining operation has been completed. 3. Temporary Nonmetallic Mining. Temporary Nonmetallic Mining operations are allowed if the operation: a. Extracts a total of 20,000 cubic yards or less of material, and b. does not exceed 2 years in duration, and c. obtains a Land Use Permit. 15.371 Private One-Room Schoolhouse 1. Standards. a. Maximum capacity of 37 occupants. b. The use shall comply with St. Croix County sanitary wastewater requirements. 15.373 Roadside Stands Purpose: This section provides for the regulation of structures near the public right-of-way used to sell farm products and agriculture goods, to enable that use while protecting rural character and roadway safety. Page 88 of 311 Page 44 1. Standards. a. The maximum ground area covered by a roof shall be 300 sq. ft. b. The structure shall not be permanently fixed to the ground and shall be readily removable in its entirety. c. The structure shall not be fully enclosed. d. The structure shall be used solely for the sale of farm products produced on the premises or adjoining premises. e. The structure shall be sited to allow vehicles to safely exit and enter the public roadway. Vehicles should be able to turn around on the parcel before exiting. f. The structure shall not be located within any road right-of-way or vision triangle areas. 15.375 Short-Term Rentals Purpose: This section identifies County and State regulations allowing for the short-term rental of principal residential dwellings 1. Applicable Regulations. Short-term rentals are regulated by Wis. Admin. Code Ch. ATCP 72 Hotels, Motels and also by Wis. Stat. § 66.1014. 2. Registration and Licensing. The owner of a short-term rental Property shall annually obtain a tourist rooming house license from the Department of Agriculture, Trade and Consumer Protection. These licenses are locally issued by the St. Croix County Public Health Department. The license year for all licenses is from July 1 to June 30 of the following year. 15.380 Signs Purpose: This section identifies sign regulations to minimize visual impacts on scenery and distractions to the general public while promoting local businesses, events, and attractions. 1. General Provisions a. Applicability. This subsection applies to all signs in all zoning districts, including permanent, temporary, on- premise and off-premise signs, unless otherwise provided by this section. b. Substitution Clause & Sign Content 1. Subject to the landowner’s consent, noncommercial speech of any type may be substituted for any duly permitted or allowed commercial speech; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any provision to the contrary in this ordinance. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot or parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. 2. All noncommercial speech is considered on-premise signage and is entitled to the privileges that on-premise signs receive under this section. c. Signs in the Public Right-of-way 1. No sign or its structural components shall be erected or temporarily placed within any road, highway, right- of-way, public easement or upon any public property, except for the following, which may be placed without a permit: a. Public signs erected by or on behalf of a government body for the purpose of carrying out an official duty or responsibility, including but not limited to posting legal notices, identifying property, or to direct or regulate pedestrian or vehicular movements or pertaining to traffic control or safety. ii. Signs that are traffic control devices and are permitted or allowed by the Wisconsin Manual on Uniform Traffic Control Devices published by the Wisconsin Department of Transportation. a. Signs, red reflective with white lettering, maximum size 20 inches wide by 12 inches high, if they are located to the right of the driveway. (to a person facing the driveway from the road). Page 89 of 311 Page 45 b. Signs posted or placed by a public utility or communications franchise holder near one or more of its poles, lines, pipes or facilities. c. Signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way, to ensure safety. 2. Unauthorized signs erected or temporarily placed within any road, highway, right-of-way, public easement or upon any public property may be removed by the County or town in which the sign is located at the sign owner's expense. d. Signs Exempt from Regulation. The following signs are exempt from regulation under this section: 1. Double sided signs 32 square feet or less in size. 2. Interior signs located completely within a building and not visible from outside the building. 3. Up to three flags/banners on a single lot or parcel containing less than 100 square feet in size. 4. Governmental signs erected by or on behalf of a government body to carry out an official duty or responsibility, including but not limited to posting legal notices, identifying public property and indicating a public use. e. Prohibited Signs. All signs, other than those permitted herein, shall be prohibited, including but not limited to: 1. Flying signs, such as blimps or kites, designed to be kept aloft by mechanical, wind, chemical or hot air means that are attached to the property, ground or other permanent structure. 2. Inflatable signs that are attached to the property, ground or other permanent structure, including but not limited to balloons. 3. Signs and components of signs that are animated, move, shimmer, or contain reflective devices. 4. Signs which emit any noise or visible matter other than light. 5. Signs on utility poles. 6. No advertising message or sign shall be affixed to any transmission facility. 2. Standards a. Placement Standards 1. Building signs shall not be any higher than the building itself. 2. No person shall place a sign which will obstruct or interfere with a driver's or pedestrian's ability to see a road, highway, traffic sign, signal, railway crossing, crossroad or crosswalk. No sign or its structural components shall be erected or temporarily placed within the vision triangle of a road or highway. 3. Double faced signs shall be placed back-to-back with an internal angle no greater than 30 degrees. 4. No signs under private ownership are allowed within the Conservation Zoning District, unless listed as an exempt sign above. b. Dimensional Standards 1. Signs shall be set back at least 5 feet from any right-of-way. 2. Signs shall be set back at least 5 feet from all side and rear yard lot lines. 3. Signs over 100 square feet shall be at least 500 feet from any preexisting residence or residential district. 4. A freestanding pylon sign shall not exceed 96 square feet in size. 5. Freestanding sign(s) shall be separated from other structures by a minimum of 10 feet, measured from edge of roof overhang to sign. 6. The maximum height of any freestanding sign, including structure, shall be 15 feet in the R-1, R-2, AG-1, AG-2 zoning districts and 35 feet in the C-1, C-2, C-3, I-1, I-2 districts. 7. Sign area/size includes the total sign face, writing, and any emblems, but does not include the base, apron, supports, structural members, framework, poles, or roof. Page 90 of 311 Page 46 c. Illumination Standards 1. Illuminated signs shall only be bright enough to make the message readable. Illuminated signs shall be designed so as not to direct any light or produce glare onto adjacent properties. 2. Illuminated signs shall not flash, move, travel or use animation. However, different messages may be displayed up to every 30 seconds with clean breaks between message content. d. Construction & Maintenance Standards 1. All signs, supports and accessories and construction shall be structurally sound, safe, and capable of meeting minimum engineering standards to support the structure and sign. 2. Sign display surfaces shall be anti-glare. 3. All signs, supports and accessories shall be maintained in good repair. 4. When any use is discontinued for a period of 180 consecutive days, all signs and sign supports relating to that use shall be removed. 5. Signs that are in structural disrepair or damaged and are left without repair for 60 consecutive days shall be removed. 6. Signs and their structural components may be maintained or repaired with a land use permit, provided there is no enlargement or alteration to the sign, mounting device(s) or structural components of the sign. A permit is not required if the only change is to a sign's message. a. On-premise Sign Regulations Nonconforming Signs 1. Nonconforming permanent freestanding signs lawfully existing on July 1, 2007, shall be allowed to continue in use, but shall not be altered other than to change the message without being brought into compliance with this section. 2. If a nonconforming permanent sign's use is discontinued for a period of 12 months, the nonconforming sign shall be removed or brought into compliance with this section within 60 days of notification by the Land Use Administrator. b. Permit Required. A land use permit for signage is required prior to the improvement, erection, construction, reconstruction, enlargement or alteration of any sign, structural component or mounting device unless otherwise provided by this section. 15.381 Skiing Facilities Purpose: This section, along with other parts of the zoning ordinance, has been created to regulate skiing facilities, to provide development standards for this type of use, and to regulate, manage and protect the unique and steeper terrain in which skiing facilities are inherently located upon. 1. General Standards. Skiing Facilities shall comply with: a. Chapter 15 of the St. Croix County Code of Ordinances. b. Wisconsin Administrative Code Ch. SPS 333 and ANSI B77.1-2011. c. Wisconsin Administrative Code Ch. NR 151, Subchapter III, Non-Ag Performance Standards. Standards. a. The area(s) of site disturbance shall be limited to that necessary to accommodate proposed development, including access and supporting infrastructure and shall be stabilized and revegetated at the completion of construction and final grading. b. Skiing Facilities shall conform with all applicable Development Standards set forth in Section 15.405 to 15.430 of this Chapter, except the maximum height of a ski resort or structure shall not exceed 60 feet. c. Structures shall be designed, to the maximum extent physically feasible, to conform to rather than alter existing slopes. d. Conditions of approval under these standards may include, but are not limited to: Page 91 of 311 Page 47 1. Limitations on the total portion of the Skiing Facility site that may be cleared, regraded, filled, drained, excavated or otherwise modified. 2. Performance bonds or other sureties acceptable to the St. Croix County Community Development Committee to ensure that construction, stormwater management and erosion control systems and slope stabilization and revegetation are completed as approved. 3. Maintenance agreements that ensure permanent slope stabilization and stormwater management facilities are properly maintained. 4. Modifications in required erosion prevention and stormwater management plans. 5. The submission of monitoring and site inspection reports and professional certifications during and after the completion of construction. 6. Construction materials that minimize the visibility of development on steep slopes. 7. Replanting and vegetation screening requirements. 8. Documentation that all required local, state, and federal regulations/permits have been obtained to the start of site work. 15.385 Solar Energy Systems (SES) Purpose: This section provides the standards and procedures for solar energy systems. This section ensures that any proposed solar energy system or solar collector complies with applicable provisions of Wis. Stat. §§ 66.0401-66.0403, Wis. Stat. §§ 196.491 and this section. 1. Types. a. Small SES. Equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electric energy, which is incidental and subordinate to a permitted use on the same parcel or on a contiguous parcel of common ownership and is intended to supply thermal energy or electric power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. b. Large SES. Equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy which is intended for off-site consumption. 2. Standards. a. Setbacks. Any portion of the SES shall not encroach within five (5) feet of any property line and within 25 feet of any road right-of-way. Battery storage facilities within a large SES system shall be a minimum of 50 feet from a lot line or road right-of-way. b. Height restrictions. A SES shall not exceed 35 feet in height. A building mounted SES may extend six feet above the allowable height limit. c. Glare. The SES shall be positioned so glare does not create any unsafe conditions. d. Installer. All SES shall be installed by a North American Board of Certified Practitioners (NABCEP) certified solar installer or other person qualified to perform such work. e. Code Compliance. A SES shall comply with all applicable State of Wisconsin electrical codes and the National Electric Code. A SES that will connect to a commercial structure or a multi-unit dwelling shall comply with the State of Wisconsin Commercial Building Code, when necessary. Other applicable SES shall comply with the Uniform Dwelling Code. f. Structural integrity. The structure upon which the proposed SES is to be mounted shall have the structural integrity to carry the weight and wind loads of the SES. g. Emergency Services. A large SES shall provide training to local fire departments and emergency responders upon their request. h. Battery Storage Facilities. Shall be designed to minimize and contain any fire risks. Containers housing battery storage shall be made of non-flammable materials. Page 92 of 311 Page 48 i. Fencing. Perimeter fencing shall be designed to be wildlife friendly and shall not include barb or woven wire. There shall also be a 4” gap at the bottom of the fence. 3. Permits. a. Small SES shall be permitted by right in all zoning districts provided standards in 15.385.3 are met. b. Large SES under 100 Megawatts shall require a conditional use permit, prior to construction, and may be permitted in all zoning districts and subject to the regulations and requirements in this section. c. Large SES 100 Megawatts or greater are reviewed by the Public Service Commission of Wisconsin (PSC) and must receive a certificate of public necessity from the PSC under Wis. Stat. §§ 196.491. If the PSC grants the project a certificate of public necessity, that approval preempts local ordinances. d. All large SES battery storage facilities, regardless of whether they are part of a solar array, shall require a conditional use permit. 4. Limits on restrictions. The Community Development Committee shall review a conditional use permit for a Large SES under 100 Megawatts and apply the criteria set forth in subsection a through c below. No restriction shall be placed, either directly or in effect, on the installation or use of a Large SES, unless the restriction satisfies one of the following conditions: a. Serves to preserve or protect the public health or safety. b. Does not significantly increase the cost of the system or decrease its efficiency. c. Allows for an alternative system of comparable cost and efficiency. 5. Application. The following information shall be provided on all SES applications: a. Name and contact information of the applicant, owner and installer. b. The legal description, and address of the site. c. A description of the scope of work. d. Solar system specifications, including the manufacturer and model, generating capacity, total height, collector square footage, wiring plan and means of interconnecting with the electrical grid. e. Site layout, including the location of property lines, structures, SES and the total extent of system movements and interconnection points with the electrical grid. f. Installer's qualifications and signature certifying the SES will be installed in compliance with this section and all other applicable codes. g. Submittal requirements outlined in Table 15.590.1 regarding a conditional use permit for a SES. 6. Additional Application requirements for a Large SES: a. Percentage of land coverage by the SES. b. Structures on adjacent properties and distance from boundary of SES project. c. A decommissioning and site restoration plan providing financial assurance for removal of the Large SES at the end of its useful life shall be provided. The amount of financial assurance shall be the average of two professional estimates for the removal and disposal of the panels and other equipment plus 10% and be re- evaluated every 5 years. d. Owners of a large SES must notify the Community Development Department upon transfer of ownership. 7. Recommended Application Submittal Items for a Large SES: a. Copies of property leases. b. Preliminary engineering design. c. Vegetation plan. d. Market impact analysis. e. Glare analysis study. f. Visual analysis study. g. Pre-construction sound report. Page 93 of 311 Page 49 h. Wetland and waterway report/navigability determinations. i. Environmental impact analysis/certified endangered resources review. j. Electric and magnetic field (EMF) study. 15.390 Travel Trailers 1. Travel Trailer Use. a. Applicability. This section applies to the occupancy of a camping unit, as provided below. This subsection supersedes any contrary provisions of this Chapter. b. Standards 1. Generally. All camping units must meet principal structure setbacks for the property in which they are located. All camping units shall be maintained in an orderly fashion. 2. Vacant Land. No person shall place, occupy or use one camping unit on a vacant parcel of land for more than 14 nights/days out of a 60-day period. 3. Parcels with a principal structure. No person shall occupy or use one camping unit on a lot/parcel with a principal structure for more than 14 nights/days out of a 60-day period. A camping unit can be stored onsite between trips year- around as long as it is not occupied more than allowed above. 4. Seasonal Travel Trailers. A seasonal travel trailer land use permit can be obtained to allow for placement of one camping unit on a vacant lot/parcel from May 15 th to September 15 th if the property has a state sanitary system and obtains a yearly sanitary reconnection permit. Seasonal travel trailers are not allowed in major subdivisions. 5. Non-Camping Unit. No trailer, van, bus, truck, automobile or similar apparatus not originally intended for human occupation shall be placed on any parcel for residential purposes, temporary or permanently. 6. Temporary Placement a. The owner of a parcel who holds a valid building permit and sanitary permit for construction of a principal structure may obtain a Land Use Permit for temporary placement and occupancy of a camping unit or manufactured home during construction of the principal structure as long as the camping unit is connected to a legal sanitary system. b. The zoning office shall send a copy of the land use permit to the town wherein the lot is located. c. All residential occupancy of the travel trailer or manufactured home shall cease when the principal home is capable of occupancy. Additionally, when the residence becomes occupied, the manufactured home shall be removed from the property. d. Temporary occupancy permits shall only be valid for 1 year. 15.395 Wind Energy Systems Purpose: The purpose of this Chapter is to adopt and incorporate the requirements of Wis. Stat. § 66.0401 and Wis. Admin. Code Ch. PSC 128 as a local ordinance to establish local regulations on the installation, siting, use and decommissioning of wind energy systems that are authorized by, compliant with, and are no more restrictive than the rules promulgated by the Wisconsin Public Service Commission and that serve to preserve and protect the public health, safety, and welfare. For the purposes of this chapter, Large Wind Energy Systems are systems that have a total installed nameplate capacity of 300 kilowatts or greater and consists of individual wind turbines that have an installed nameplate capacity of more than 100 kilowatts. Systems with a total installed nameplate capacity of greater than 100 Megawatts may not be regulated by this ordinance. The Public Service Commission of Wisconsin (PSC) has siting authority for systems over 100 Megawatts. Small Wind Energy Systems are systems that have a total installed nameplate capacity of 300 kilowatts or less and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts. 1. Application Exemptions and Fees. a. For Small Wind Energy Systems: 1. The exemptions listed under Wis. Admin. Code PSC § 128.60 and modifications under PSC § 128.61 shall apply to an application that is submitted for a Small Wind Energy System. Page 94 of 311 Page 50 b. For All Wind Energy Systems: a. The established fee or reimbursement requirements consistent with PSC § 128.32(5) shall include the requirement that the applicant shall pay all reasonable costs incurred by the county in connection with the review and processing of the application, including the cost for services provided by outside attorneys, engineers, environmental specialists, planners, and other consultants and experts that are actual and necessary costs of review. The department is authorized to contract with one or more engineers, environmental specialists, planners, and other consultants and experts to perform necessary services in connection with this ordinance. b. The corporation counsel is authorized to contract with outside legal counsel to perform services in connection with this ordinance. 1. The Department shall make the applicant aware of any such reasonable and necessary costs prior to incurring such costs and, if the applicant decides not to pay the reasonable and necessary costs, the application shall be denied. 2. The Department may require the owner of a Wind Energy System to submit up to 50% of the total estimated amount of the fee or reimbursement for the wind energy system application under PSC §128.32(5) before issuing a written decision consistent with PSC §128.32(3), if the county gives written notice to the owner of its intent to do so within 10 days of the date the application is deemed complete and the notice contains an estimate of the amount of the fee and the relevant reimbursement requirements. 3. The Department shall invoice the applicant for the reasonable costs incurred pursuant to this chapter. The applicant will be provided 30 days from the date of the invoice to reimburse the county. 2. Permit, Application, and Filing Requirements. a. For Small Wind Energy Systems - An owner shall file a land use permit application with the department that, at a minimum, includes the following information: 1. Wind Energy System description and maps showing the locations of all proposed wind energy facilities. (This may include the description and maps for alternative wind energy facility locations.) 2. Technical description of wind turbines and wind turbine sites. 3. Timeline and process for constructing the Wind Energy System. 4. Information regarding anticipated impact of the Wind Energy System on local infrastructure. 5. Information regarding noise anticipated to be attributable to the Wind Energy System. 6. Information regarding shadow flicker anticipated to be attributable to the Wind Energy System, consistent with PSC §128.15, with the exception of PSC §§128.15(1)(c), 3(b)-(e) and (5) which do not apply to Small Wind Energy Systems. 7. Information regarding the anticipated effects of the Wind Energy System on existing land uses within 0.5 miles of the Wind Energy System. 8. Information regarding the anticipated effects of the Wind Energy System on airports and airspace. 9. Information regarding the anticipated effects of the Wind Energy System on line-of-sight communications, consistent with PSC § 128.16, with the exception of PSC §§ 128.16(2)-(4) which do not apply to Small Wind Energy Systems. 10. A list of all state and federal permits required to construct and operate the Wind Energy System. 11. Information regarding the planned use and modification of roads during the construction, operation, and decommissioning of the Wind Energy System, including a process for assessing road damage caused by Wind Energy System activities and for conducting road repairs at the owner's expense. 12. A representative copy of all notices issued consistent with PSC §§ 128.105(1) and 128.30(5), except as provided by PSC § 128.61. b. For Large Wind Energy Systems - An owner shall file a conditional use permit application with the department that, at a minimum, includes the following information: 1. All information required under §§ 15.395.2.a.1-6 and 8-12 of this chapter. Page 95 of 311 Page 51 2. Information regarding the anticipated effects of the Wind Energy System on existing land uses within 0.5 miles of the Wind Energy System (For example, information may include the anticipated effects to applicable environmental conditions and/or development limitations within 0.5 miles). 3. A representative copy of all notices issued under PSC §§ 128.105(1), 128.30(5), and 128.42(1), which are: a. Pre-application notice - At least 90 days before an owner files an application to construct a Wind Energy System, an owner shall use commercially reasonable methods to provide written notice of the planned wind energy system to all of the following: 1. Landowners within one mile of the planned wind turbine host properties. 2. Political subdivisions within which the Wind energy System may be located. 3. Emergency first responders and air ambulance service providers serving the political subdivisions within which the Wind Energy System may be located. 4. The Wisconsin Department of Transportation. 5. The Wisconsin Public Service Commission. 6. The Wisconsin Department of Natural Resources. 7. The Wisconsin Department of Agriculture, Trade and Consumer Protection. 8. The Office of the Deputy Secretary of the U.S. Department of Defense. b. Notice of process for making complaints - Before construction of a Wind Energy System begins, an owner shall provide written notice of the process for making complaints and obtaining mitigation measures to all residents and landowners within 0.5 miles of any wind energy system facility. An owner shall include in the notice the requirements under PSC § 128.40(1) for submitting a complaint to the owner, a petition for review to the political subdivision, and an appeal to the commission, and shall include a contact person and telephone number for the owner for receipt of complaints or concerns during construction, operation, maintenance and decommissioning. c. A copy of all emergency plans developed in collaboration with appropriate first responders under PSC § 128.18(4)(b). An owner may file plans using confidential filing procedures as necessary. d. A decommissioning and site restoration plan providing financial assurance that the owner will be able to comply with PSC § 128.19. c. For all applications - Evidence shall be included for all applications to show that, on the same day an owner filed an application under this ordinance, the owner used commercially reasonable methods to provide written notice of the filing of the application to property owners and residents located within one mile of the proposed location of any Wind Energy System facility. The notice shall include all of the following: 1. A complete description of the Wind Energy System, including the number and size of the wind turbines. 2. A map showing the location of all proposed Wind Energy System facilities. 3. The proposed timeline for construction and operation of the Wind Energy System. 4. Locations where the application is available for public review. 5. Owner contact information (including the contact person(s), primary phone number, and email). 3. Local Regulations. a. Airports and Heliports. The owner shall comply with any restrictions established for public use airports or heliports under Wis. Stat. §§ 114.135 or 114.136. If no such restrictions are effective, wind turbine height and setback distances shall comply with the Federal Aviation Administration obstruction standards in 14 CFR Part 77. b. Farmland Preservation Zoning Districts. No conditional use permit or land use permit application for a wind energy system shall be approved by the St. Croix County Board of Adjustment or Land Use Administrator Page 96 of 311 Page 52 within the Farmland Preservation Zoning Districts (AG1 and AG2), unless such application meets the applicable standards and conditions identified in Wis. Stat. §§ 91.46(4) (a-e) as shown below. 1. The use and its location in the farmland preservation zoning districts are consistent with the purposes of the farmland preservation zoning districts. 2. The use and its location in the farmland preservation zoning districts are reasonable and appropriate considering alternative locations or are specifically approved under State or Federal Law. 3. The use is reasonably designed to minimize conversion of land at or around the site of the use, from agricultural use or open space use. 4. The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for, or legally restricted to, agricultural use. 5. Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. c. Abandonment and Decommissioning. Section 15.395, 3, c, 1-3 below apply to both Large and Small Wind Energy Systems, whereas §§15.395, 3, c, 4 applies solely to Large Wind Energy Systems. 1. A wind energy system that is at the end of its useful life and/or does not generate electricity for a continuous period of 360 days will be deemed abandoned and the department may send a Notice of Abandonment to the owner. Exemptions under PSC § 128.60 and modifications under PSC § 128.61 apply to all Small Wind Energy Systems. 2. If, within 30 days of receipt of a Notice of Abandonment, the owner provides the department with information showing to the department's satisfaction that the wind energy system has not been abandoned, the department will withdraw the Notice. 3. Unless the department withdraws the Notice of Abandonment, a wind energy system tower must be decommissioned as prescribed by PSC § 128.19. If the owner fails to remove a wind energy system and reclaim the site, the county may remove or cause the removal of the wind energy system and arrange for the reclamation of the site. 4. For Large Wind Energy Systems. a. An owner with a nameplate capacity of one megawatt or larger shall provide the county with and maintain proof of financial assurance of the owner's ability to pay the actual and necessary cost to decommission the wind energy system before commencing major civil construction activities such as blasting or foundation construction at the wind energy system site. An owner may comply with this paragraph by choosing to provide a bond, deposit, escrow account, irrevocable letter of credit, or some combination of these financial assurances, that will ensure the availability of funds necessary for decommissioning throughout the expected life of the wind energy system and through to completion of the decommissioning activities, consistent with PSC § 128.19(3). b. An owner shall provide the county with two (2) estimates of the actual and necessary cost to decommission the wind energy system. The cost estimates shall be prepared by third parties agreeable to the owner and the county. The amount of financial assurance required by the county shall not exceed the average of the two estimates. c. An owner shall establish financial assurance that is acceptable to the county and that places the county in a secured position, subject to § 15.395.3.c.4.b. The financial assurance must provide that the secured funds may only be used for decommissioning the wind energy system until such time as the county determines that the wind energy system has been decommissioned, as provided for in PSC § 128.19(5), or the county otherwise approves the release of funds, whichever occurs first. d. An owner shall establish financial assurance that allows the county to access funds for the purpose of decommissioning the wind energy system if the owner does not decommission the wind energy system when decommissioning is require Source PSC § 128.19(3)(c)(4). Page 97 of 311 Page 53 e. The county may periodically request information from the owner regarding industry costs for decommissioning the wind energy system. If the county finds that the future anticipated cost to decommission the wind energy system is at least 10 percent more or less than the amount of financial assurance provided under this section, the county may correspondingly increase or decrease the amount of financial assurance required but shall not adjust the financial assurance required under this paragraph more often than once in a five-year period. f. The county may require an owner to submit a substitute financial assurance of the owner's choosing if an event occurs that raises material concern regarding the viability of the existing financial assurance. g. Except as provided in § 15.395.3.c.4.h., if a wind energy system was constructed on land owned by a person or persons other than the owner of the wind energy system, the owner of the wind energy system shall ensure that the property is restored to pre- construction condition, unless otherwise provided in a contract signed by an affected landowner, considering any modifications needed to comply with DNR requirements. h. If a wind energy system was constructed on a brownfield, as defined in Wis. Stat. § 238.13(1)(a), the owner shall restore the property to eliminate effects caused by the wind energy system, except for the effects of environmental remediation activities, as defined in Wis. Stat. § 238.13(1)(d). d. Lighting Criteria. A wind energy system may be artificially lighted only if lighting is required by the Federal Aviation Administration. An owner shall use shielding or control systems approved by the Federal Aviation Administration to reduce visibility of light when viewed from the ground. e. Noise Criteria. For both Large and Small Wind Energy Systems. 1. The noise generated by the operation of a wind energy system may not exceed 50 dB(A) during the daytime hours and 45 dB(A) during the nighttime hours as measured at the outside wall of a non-participating residence or occupied community building that existed when the owner gave notice pursuant to PSC § 128.105(1) or for which complete publicly available plans for construction were on file with a political subdivision within 30 days of the date when the owner gave notice pursuant to PSC § 128.05(1). Nighttime hours are the hours beginning at 10:00 p.m. and ending at 6:00 a.m. daily and daytime hours are the hours beginning at 6:00 a.m. and ending at 10:00 p.m. daily. 2. The owner of an adjacent nonparticipating residence or adjacent occupied community building may relieve the owner of the wind energy system of the requirement to meet any of the noise limits in this section by written contract as provided in PSC §§ 128.14(5) and (6). 3. The owner shall provide the notice as prescribed by PSC § 128.61(4). 4. If an owner receives a complaint of a violation of the noise standards contained in PSC § 128.14 and the owner has not provided the department with the results of an accurate test conducted within two (2) years of the date of the complaint showing that the wind energy system is in compliance with the noise standard at the location relating to the complaint, the owner shall promptly conduct a noise study to evaluate compliance with the noise standards at that location using the most current version of the noise measurement protocol as described in PSC § 128.50(2). f. Ownership Changes. 1. For Small Wind Energy Systems. The owner shall provide the county with notice of any change in ownership of the wind energy system on or within 30 days of the effective date of the change. 2. For Large Wind Energy Systems. The owner shall provide the county with notice of any change in ownership of the wind energy system on or within 30 days of the effective date of the change. Notwithstanding the timing of notice of change in ownership of the wind energy system set forth above, the notice shall include information showing that the financial responsibility specified in § 15.395.3.c of this Chapter was assumed by the new owner, upon effective date of the change. Page 98 of 311 Page 54 g. Setbacks and Siting Criteria. An owner shall work with a political subdivision and owners of participating and nonparticipating properties to site wind turbines to minimize individual hardships. Source: PSC § 128.13(1)(c). 1. For Small Wind Energy Systems: Shall comply with the minimum setback distances shown in Table 2 to PSC § 128.13 included in PSC § 128.61, which are: Description Setback Distance * Occupied Community Buildings 1.0 times the maximum blade tip height Participating Residences None Nonparticipating Residences 1.0 times the maximum blade tip height Participating Property Lines None Nonparticipating Property Lines 1.0 times the maximum blade tip height Public Road Right-of-Way None Overhead Communication and Electric Transmission or Distribution lines - not including utility service lines to individual houses or outbuildings 1.0 times the maximum blade tip height Overhead Utility Service Lines - Lines to individual houses or outbuildings None * Wind turbine setback distances shall be determined as a straight line from the vertical centerline of the wind turbine tower to the nearest point on the permanent foundation of a building or residence or to the nearest point on the property line or feature, as applicable. a. The owner of an adjacent nonparticipating residence or adjacent occupied community building may waive the applicable turbine setback distances as described in PSC § 128.61(3)(b). 2. For Large Wind Energy Systems: Shall comply with the minimum setback distances shown in Table 1 of PSC § 128.13, which are: Description Setback Distance * Occupied Community Buildings The lesser of 1,250 feet or 3.1 times the maximum blade tip height Participating Residences 1.1 times the maximum blade tip height Nonparticipating Residences The lesser of 1,250 feet or 3.1 times the maximum blade tip height Participating Property Lines None Nonparticipating Property Lines 1.1 times the maximum blade tip height Public Road Right-of-Way 1.1 times the maximum blade tip height Overhead Communication and Electric Transmission or Distribution lines - not including utility service lines to individual houses or outbuildings 1.1 times the maximum blade tip height Overhead Utility Service Lines - Lines to individual houses or outbuildings None * Wind turbine setback distances shall be determined as a straight line from the vertical centerline of the wind turbine tower to the nearest point on the permanent foundation of a building or residence or to the nearest point on the property line or feature, as applicable. a. The owner of a nonparticipating residence or occupied community building may waive the applicable wind turbine setback distances of this chapter for those structures to a minimum setback distance of 1.1 times the maximum blade tip height. The owner of a nonparticipating property may waive the applicable wind turbine setback distance in this chapter from a nonparticipating property line. h. Notice of Federal or State Agency Consultation. 1. For Large Wind Energy Systems: In the event the owner has consulted with and received any nonbinding recommendations for constructing, operating, or decommissioning of the wind energy system from any state or federal agency, the owner shall provide the county with information about the consultation and whether the owner has incorporated such non-binding recommendations into the design of the wind energy system, within 30 days of receiving such recommendations. Source PSC § 128.33(1). Page 99 of 311 Page 55 4. Local Procedure. a. All applications regulated by this chapter may be subject to additional conditions and restrictions consistent with but no more restrictive than those in Wis. Stat. § 66.0401(1m) and authorized by, and consistent with, Wis. Admin. Code Ch. PSC 128. Where such conditions are considered and applied on a case-by-case basis: as well as satisfying one of the following: 1. Serves to preserve or protect the public health or safety. 2. Does not significantly increase the cost of the system or significantly decrease its efficiency. 3. Allows for an alternative system of comparable cost and efficiency. b. Small Wind Energy Systems shall be processed as a land use permit. 1. This section does not apply to Small Wind Energy Systems subject to standards and conditions within the farmland preservation zoning districts. See §15.395.3. b. c. Large Wind Energy Systems shall be processed as a conditional use permit. 1. In addition to conditions established pursuant to §15.395.4. a. the Land Use Administrator or Board of Adjustment may require the owner of a Wind Energy System to offer monetary compensation to the owner of a nonparticipating residence consistent with PSC § 128.33(3) and may be subject to the monetary compensation requirements of PSC § 128.33(3m). d. Application Processing. 1. Within 45 days of receiving the application, the department shall notify the applicant whether the application is complete and, if it's not, what the applicant must do in order to make it complete. a. The applicant shall provide the additional information specified in the notice to the department within 60 days of the date of the notice. b. The owner may file a new application at a later date; there is no limit to the number of times that an owner may file an application. c. An application shall be deemed complete if it complies with the filing requirements specified in §15.395.2 of this ordinance and of PSC §§ 128.30(2) and 128.50(1). 2. As soon as reasonably possible after receiving a complete application, the department shall publish a class 1 notice, under Wis. Stat. Ch. 985, stating that an application for approval has been filed with the county. a. For Large Wind Energy Systems. The application will be forwarded to the Board of Adjustment for issuance of a conditional use permit under § 15.550 of this ordinance and reviewed under the criteria of this Sec. §15.395. Notwithstanding the provisions of § 15.550, the application shall be determined to be complete if it meets the requirements under PSC §§ 128.30(2) and 128.50(1). b. For Small Wind Energy Systems. The department shall make the application available for public review consistent with PSC §128.30(6)(a) and shall accept written comments on the application for a minimum period of 10 days following the date of the published notice. The county may hold one public meeting to obtain comments and inform the public about the proposed wind energy system. 3. The county shall make a record of its decision making on an application, including a recording of any public hearing, copies of documents submitted at any public hearing, and copies of any other documents provided to the county in connection with the application for approval. 4. The county shall base its decision on an application on written findings of fact that are supported by the evidence in the record. a. For Large Wind Energy Systems. For Wind Energy Systems with a nominal capacity of at least one megawatt, the county may deny an application for approval if the proposed site of the wind energy system is in an area primarily designated for future residential or commercial development, as shown in a map that is adopted, as part of a comprehensive plan, under Wis. Stat. §§ 66.1001 (2)(b) and (f), before June 2, 2009, or as shown in such maps after December 31, 2015, as part of a comprehensive plan that is updated as required under Wis. Stat. § 66.1001 (2)(i). This provision applies to Wind Energy Systems that have a nominal capacity of at least one megawatt. Wis. Stat. § 66.0401 (4)(f)(2). Page 100 of 311 Page 56 5. The county shall approve or disapprove an application for approval no later than 90 days after the day on which it notifies the applicant that the application for approval is complete. The county may extend this time period in writing provided the extension is done during the initial 90-day period, except the total amount of time for all extensions granted may not exceed 90 days. Any combination of the following extensions may be granted: a. An extension of up to 45 days if the county needs additional information to determine whether to approve or deny the application. b. An extension of up to 90 days if the applicant makes a material modification to the application. c. An extension of up to 90 days for other good cause specified in writing by the county. d. If the county fails to act within the initial 90 days, or within any extended time period, the application is considered approved. 6. The decision made by the county to deny an application shall be made in writing to the applicant and must include the reasons for denial. 7. The county shall provide a written decision to the applicant and the Public Service Commission. Said decision shall contain findings of fact supported by evidence in the record. 5. Modification to an Approved System. a. An owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the Land Use Administrator and/or Board of Adjustment. An owner shall submit an application for a material change for an approved wind energy system to the county. The county may not reopen the merits of the earlier approval but shall consider only those issues relevant to the proposed change. b. An application for material change is subject to PSC § 128.35. c. At its discretion, the county may hold at least one public meeting to obtain comments on and to inform the public about a proposed material change to an approved wind energy system. 6. Post Construction Filing Requirements (applicable only to Large Wind Energy Systems). a. Within 90 days of the date a wind energy system commences operation, the owner shall file with the department and the Wisconsin Public Service Commission an as-built description of the wind energy system, an accurate map of the wind energy system showing the location of all wind energy system facilities, geographic information system information showing the location of all wind energy system facilities, and current information identifying the owner of the wind energy system. b. An owner shall label each wind turbine location described in its filing and shown on the map of the wind energy system with a unique identifier consistent with the information posted at the wind turbine location under PSC § 128.18(1). 7. Compliance Monitoring (applicable only to Large Wind Energy Systems and subject to PSC § 128.36). a. The department may contract with a third-party inspector to monitor and report to the department regarding the owner's compliance with permit requirements during construction. The inspector monitoring compliance under this section shall also report to a state permitting authority upon the state permitting authority's request. The inspector shall make monthly written reports to the department. The owner shall reimburse the county for the reasonable cost of the inspector. b. At any time, following completion of construction, the department may contract with consultants or experts it deems necessary to monitor compliance by the owner with conditions of the permit and to assess when wind energy system facilities are not maintained in good repair and operation. 1. At a minimum, the owner shall provide the department an annual report regarding maintenance checks and any maintenance performed on each turbine within the approved wind energy system. 2. The public shall have access to any reports or assessments produced pursuant to this section. 3. The owner of the wind energy system shall reimburse the county for reasonable costs associated with monitoring and/or assessment. Page 101 of 311 Page 57 8. Decommissioning Review. a. An owner shall file notice of decommissioning completion with the county and any political subdivision within which its wind energy system facilities are located when a wind energy system approved by the county has been decommissioned and removed. b. The department shall conduct a decommissioning review to determine whether the owner has decommissioned and removed the wind energy system as required by PSC § 128.19(1)(a) and, for Large Wind Energy Systems, whether the owner has complied with its site restoration obligations under PSC § 128.19(4) when applicable. c. The owner shall cooperate with the county by participating in the decommissioning review process and, for Large Wind Energy Systems, ensure the obligations under PSC § 128.19(3) are met. 9. Appeals. a. A decision of the department to determine that an application is incomplete under §15.395.4, or to approve or disapprove a wind energy system under §§15.395.2 or 15.395.3, or an action of the county to enforce a restriction on a wind energy system, may be appealed only as provided in this section. b. Any aggrieved person seeking to appeal a decision or enforcement action specified under §§15.395.2, or 15.395.3 may begin the administrative appeal process as set forth in §15.560. 1. If the person is still aggrieved after the administrative review is completed, the person may file an appeal with the Wisconsin Public Service Commission (WPSC). No appeal to the WPSC under this section may be filed later than 30 days after the county has completed its administrative review process. For purposes of this section, if the county fails to complete its administrative review process within 90 days after an aggrieved person begins the review process, the county is considered to have completed the process on the 90th day after the person began the process. 2. Rather than beginning an administrative review under §15.395.9, an aggrieved person seeking to appeal a decision or enforcement action of the county specified in §15.395.4, may file an appeal directly with the WPSC. No appeal to the WPSC under this section may be filed later than 30 days after the decision or initiation of the enforcement action. 3. An applicant whose application for approval is denied under § 15.395.9 may appeal the denial to the WPSC. The WPSC may grant the appeal notwithstanding the inconsistency of the application for approval with the political subdivision's planned residential or commercial development if the WPSC determines that granting the appeal is consistent with the public interest. 10. Complaints. a. Complaint process for wind energy systems. The owner of a Small Wind Energy System is exempt from the provisions of §15.395.10.4-6 and 8. 1. An aggrieved person who has made a complaint to the owner in accordance with PSC § 128.40 may petition the county for review of the complaint if it has not been resolved within 45 days of the day the owner received the original complaint. 2. The petition for review must be filed with the department within 90 days of the date of the original complaint and shall contain the following: a. Name, address, and telephone number of the person filing the petition. b. Copy of the original complaint to the owner. c. Copy of the owner's original response. d. Statement describing the unresolved complaint. e. Statement describing the desired remedy. f. Any other information the complainant deems relevant to the complaint. g. Notarized signature of the person filing the petition. 3. The department shall forward a copy of the petition to the owner by certified mail within 10 days of the department receiving the petition. Page 102 of 311 Page 58 4. The owner shall file a written answer to the petition with the department and provide a copy of its answer to the complainant with 30 days of its receipt of the petition. The answer must include the following: a. Name, address, and telephone number of the person filing the answer. b. Statement describing the actions taken by the owner in response to the complaint. c. Statement of the reasons why the owner believes the complaint has been resolved or why the complaint remains unresolved. d. Statement describing any additional action the owner plans or is willing to take to resolve the complaint. e. Any other information the owner deems relevant to the complaint. f. Notarized signature of the person filing the answer. 5. The complainant and the owner may, within 30 days following the owner's filing of its answer, file such additional information with the department as each deems appropriate. 6. The department may request such additional information. from the complainant and the owner as it deems necessary to complete its review. 7. The department may retain such consultants or experts as it deems necessary to complete its review. 8. The department shall issue a written decision and may take such enforcement action as it deems appropriate with respect to the complaint. 9. The decision of the department and enforcement action is subject to review under Wis. Stat. § 66.0401(5). b. Additional process for Large Wind Energy Systems. 1. An owner shall comply with the notice requirements contained in PSC § 128.42(1). 2. An owner shall, before construction of a Large Wind Energy System begins, provide the department with a copy of the notice issued pursuant to PSC § 128.42(1), along with a list showing the name and address of each person to whom the notice was sent and a list showing the name and address of each political subdivision to which the notice was sent. 3. An owner shall, before construction of a Large Wind Energy System begins, file with the department the name and telephone number of the owner's contact person for receipt of complaints or concerns during construction, operation, maintenance, and decommissioning. the owner shall keep the name and telephone number of the contact person on file with the department current. 15.396 To 15.399 Reserved. DEVELOPMENT STANDARDS Contents: 15.405 Road Setback, Access Management & Driveways 15.410 Building Height 15.415 Grading and Land Disturbance 15.420 Screening, Landscaping & Tree Preservation 15.425 Lot Development, Reasonable Accommodations for Disabled Persons, Outlots 15.430 Parking and Loading 15.431 To 15.499 Reserved. 15.405 Road Setback, Access Management & Driveways Purpose. This section promotes the public safety, welfare and convenience by easing congestion on the public roads, by controlling access to public roads, and by establishing setbacks from roads and road rights-of-way. 1. Applicability. Page 103 of 311 Page 59 a. This section applies to all land abutting all freeways and expressways, principal arterials, minor arterials, major collectors, minor collectors, sub collectors and access roads. 2. Setbacks. a. Setbacks from Roads or Highways. 1. No structure shall be located between the setback lines established by this section and the road right-of- way, except as provided in subsection c below. 2. All structures shall be setback a minimum of 50 feet from the right-of-way or easement except in a conservation design development where the minimum setback shall be 25 feet. b. Average Setbacks. 1. This subsection applies to buildings that are proposed to be erected or moved between existing buildings that have setback lines less that those established by this section and were lawfully constructed. 2. The Land Use Administrator may issue a permit for the proposed building if its setback is at least the average of the setbacks of the nearest adjoining existing buildings within 150' on either side of the locations of the proposed building. If no building exists on the adjoining lot, the minimum setback applies. Figure 15.405.2 Setback Averaging c. Structures Permitted Within Setback Lines. Structures and signs may be placed between the setback line and the right-of-way on all highways and roads if: 1. The Land Use Administrator, in conjunction with the St. Croix County Highway Department, determines that the road’s line of sight is not impaired, and 2. The structure is: a. An open fence. b. A parking lot located at least 20 feet from the established highway or road right-of-way. Page 104 of 311 Page 60 c. A telecommunication or power transmission pole or line, or a microwave radio relay structure (this includes all appurtenances thereto that are readily removable as a unit, including public utility equipment housing or structures). d. A well, septic tank, or drainfield dispersal cell. e. A landscaping, retaining wall or utility structure that does not obstruct the line of sight. f. A nonpermanent structure less than 35 square feet in area. g. A sign, but only as allowed under (§ 15.380 Signs). 3. Intersection Visibility (Vision Triangle) a. The vision triangle is bounded by the highway or road edge of roadway and a line connecting points on the highway edge of roadway as shown in Figure 15.405.3. b. A vision triangle is established for each quadrant of every uncontrolled or yield-controlled public highway or road intersection. c. No structure shall be located within a vision triangle. Figure 15.405.3 d. Vision triangles shall meet the standards in Table 15.405.2: Table 15.405.2 Vision Triangle Standards Posted Speed Limit 60 mph or greater 55 mph 50 or 45 mph 40 mph or less Major Intersecting Highway or Road, Distance "A" 600 feet 500 feet 400 feet 300 feet Minor Intersecting Highway or Road, Distance "B" 175 feet 160 feet 150 feet 120 feet Major intersecting highway or road = Through traffic, which does not stop at the intersection. Minor intersecting highway or road = Controlled traffic, which stops at the intersection. e. A visual triangle is established in each quadrant of an at grade intersections of a road with a railroad. Each vision triangle is established by a supplementary setback line, which is a straight line connecting points located on the setback lines along the road and the railroad right-of-way lines and 100 feet back from the intersection of the road setback lines and the railroad right- of-way. Page 105 of 311 Page 61 f. No building, fence, structure, vegetation or any other object preventing a line of sight through a vision triangle may be placed within a vision triangle. g. The vision triangle may be expanded to fit site conditions and requirements of the Wisconsin Department of Transportation or the St. Croix County Highway Department. 4. Road Access and Driveway Separation a. No parcel may be improved for residential, commercial or industrial use unless it has direct access to a public roadway or permanent easement access to a public roadway. b. All driveway accesses installed, altered, changed, replaced or extended shall meet the following requirements: 1. All driveway accesses must meet the minimum standards in Table 15.405.3. All distances shall be measured from the centerline to the centerline, unless otherwise noted. 5. Driveway access to state or federal highways must be approved by the Wisconsin Department of Transportation. 6. Driveway access to county highways must be approved by the St. Croix County Highway Department. 7. Driveway access to Town roads shall be approved by the respective town responsible for the road maintenance. 8. Driveway accesses shall meet the following standards: Table 15.405.5 Driveway Access Standards Maximum grade at any point along the driveway 20% Maximum grade within 50’ of the centerline of the intersecting road 2% surface/mat (min) 10’ 15.410 Building Height Purpose: The zoning districts establish maximum heights for buildings and structures. This section describes how to measure building height and exemptions to height limitations. 1. Measurement. Building height is the vertical distance from the lowest exposed grade to the peak or highest point of the structure. 2. Exceptions. a. The regulations of this Chapter relating to building or structure height and the size of yard, and other open spaces are subject to the following exceptions: 1. Religious assemblies, schools and other public and quasi-public buildings may be erected to a height up to 60 feet or 5 stories if the required street, side and rear setbacks increase at least 1 foot for each additional foot of height above the height limit otherwise established for the district. 2. Chimneys, cooling towers, church steeples or spires, cupolas, tanks, water towers, ski lift structures, television antennas, microwave radio relay or broadcasting towers, masts or aerials, farm silos, barns and other farm structures and necessary mechanical appurtenances are exempt from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the County, or of other jurisdictions such as the Federal Aviation Administration (FAA). 3. The Shoreland Overlay (SO) and Lower St. Croix Riverway Overlay (SCR) districts have different structure height regulations. 15.415 Grading and Land Disturbance Purpose: This section establishes standards for grading to mitigate the impacts of development on water resources and stormwater runoff, and to avoid erosion. 1. Applicability Page 106 of 311 Page 62 a. This section applies to construction or land disturbance activities above the thresholds specified in this section. b. Slopes as described in this section are measured over a horizontal distance of 50 feet. The 50-foot segment will be the steepest portion of the slope disturbance. 2. Standards and Prohibitions. All construction or land disturbance activities on slopes equal to or greater than 20% and over 10,000 sq. feet requires a land use permit and erosion control plan. In addition, a stormwater plan shall be required for disturbances over 25% or one acre. Slopes over 30% shall not be disturbed except for the installation of erosion control practices. 3. Exceptions. Exceptions to the prohibition of development on slopes 30% or greater may include the following, subject to obtaining applicable permit approvals: Operations, structures, and facilities associated with Skiing Facilities (Commercial) and limited to Ski Slopes/Trails, Snowmaking Equipment, Ski Lifts, Terrain Parks and Ski Slope/Trail Lighting. The overall impact to slopes should be the minimum amount needed to accommodate the proposed use. 15.420 Screening, Landscaping & Tree Preservation Purpose: The purpose of this section is to establish and maintain appropriate ground cover vegetation to control soil erosion; to enhance, when necessary, the natural environment, particularly in instances where the natural environment is disturbed during the course of development; and to establish standards for utilization of natural materials to achieve desired screening and buffering. 1. Applicability a. This section applies to the following zoning districts: 1. Residential (R-3 only), Commercial (C-1, C-2, C-3), and Industrial (I-1 and I-2) 2. Landscaping Plans. If this Section requires landscaping, the applicant shall provide a Landscaping Plan. [refer to §15.590 (Submittal Requirements)] 3. Tree Protection Encouraged. Property owners are encouraged to protect and retain existing trees, shrubbery and grasses not located in rights-of way, drainageways, vision triangles, and the like, and to protect and preserve trees during construction. 4. Required Landscaping a. Generally. Landscaping shall occupy the minimum percent of a lot or parcel as provided in the applicable zoning district. All of the buffer and parking lot landscaping required by this section shall be provided, even if those requirements exceed the minimum percentage required. b. R-3 Zoning District Minimum Standards. 1. One (1) tree planting for each dwelling unit in the development. 2. Lights from automobiles and parking lot lights shall be shielded and directed downward to prevent glare or illumination onto dwellings on adjoining properties. 3. Any trash and trash handling equipment intended to be collected outside of the dwelling units shall be screened from view from public roadways and adjacent residentially zoned properties. c. C-1, C-2, C-3, I-1, I-2 Zoning District Minimum Standards. 1. One (1) tree planting per 1,000 square feet of gross building floor area. 2. Lights from automobiles and parking lot lights shall be shielded and directed downward to prevent glare or illumination onto adjoining residentially zoned properties. 3. The following areas shall be screened from view from public roadways and adjacent residentially zoned properties: a. Trash and trash handling equipment. b. Loading docks and loading berths that face a residentially zoned area. c. Outdoor storage area. d. Options for Screening. 1. Rows of trees that achieve 75% opacity upon maturity. 2. Fencing up to six (6) feet high and 90% opacity. Page 107 of 311 Page 63 3. Earthen berm with side slopes not exceeding three (3) to one (1). Berms shall be natural in appearance, provide adequate line of sight for accesses, and undulating wherever possible. Fences and walls shall blend into the surrounding landscape and be earthtone in color. 4. Existing vegetation when the developer can demonstrate health of trees and other plant material and obtain 75 % opacity. e. Any required landscape area shall be planted with any combination of perennial plants, woody shrubs and/or trees, but excluding mowed turf grass. The use of mulch or landscape stone is required in the first three years to prevent erosion and weed growth and is encouraged thereafter. 5. Location and Design of Plantings. a. Landscaping may overlap drainage and/or utility easements. However, plantings shall not: 1. impede the flow of water within a drainage easement, or 2. obstruct the use of a utility easement or right-of-way. b. Where space allows, landscape plantings shall be placed in an informal, random pattern to create a naturalized landscape. c. All screening and landscaping must be kept out of the vision clearance triangle. 6. Species and Materials. a. The landscaped buffer area may contain any combination of preserved natural vegetation or newly installed plantings. b. Landscape materials shall allow growth to the required height and opacity. c. Landscape species shall be indigenous or proven adaptable to the climate but shall not be invasive species as identified by the Wisconsin Department of Natural Resources. d. Landscape species should include a mix of trees and shrubs and can also include herbaceous materials such as grasses, vines, aquatic plants, wildflowers, tall-grass prairie, and other vegetative materials. e. The landscape plantings shall include low-maintenance, drought and salt tolerant species. f. Landscape materials shall be tolerant of heat, drought, salt, or other conditions that could degrade quality and survivability. 7. Plant Size. Minimum plant size shall be as specified in Table 15.420.2. To determine trunk size, caliper inches are measured 6 inches above ground level. Table 15.420.2 Plant Size Plant Type Minimum Size Trees Evergreen 4' in height Deciduous 1” caliper inches Shrubs Evergreen or Deciduous 18" in height a. Preservation Credits 1. Purpose: Preserving existing healthy, native, non-invasive vegetation should always take precedence over planting new vegetation and is encouraged by crediting preservation toward these landscaping requirements. 2. Preservation of existing trees or shrubs count toward the landscaping required by this se