The County shall review, pursuant to § 236.45, Wis. Stats., all land divisions in shoreland areas which create three or more lots or parcels or building sites of five acres each or less within a five-year period. In such review all of the following factors shall be considered:
A. 
Hazards to the health, safety, or welfare of future residents.
B. 
Proper relationship to adjoining areas.
C. 
Public access to navigable waters, as required by law.
D. 
Adequate stormwater drainage facilities.
E. 
Conformity to state law and administrative code provisions.
A. 
Purpose. The planned unit development is intended to permit smaller nonriparian lots and parcels where the physical layout of the lots and parcels is so arranged as to better assure the control of pollution and preservation of ground cover than would be expected if the lots and parcels were developed with the normal lot sizes and setbacks and without special conditions placed upon the planned unit development at the time of its approval. A condition of all Planned Residential Unit Development is the preservation of certain open space, preferably on the shoreland, in perpetuity.
B. 
Requirements for planned unit development. The County Board may at its discretion, upon its own motion or upon petition, approve a planned unit development overlay district upon finding, after a public hearing, that all of the following facts exist:
(1) 
Area. The area proposed for the planned unit development shall be at least two acres in size or have a minimum of 200 feet of frontage on a navigable water.
(2) 
Lots and parcels. Any proposed lot or parcel in the planned unit development that does not meet the minimum size standards of §§ 338-27 and 338-28 shall be a nonriparian lot or parcel.
(3) 
Lot sizes, widths, setbacks, and vegetation removal. When considering approval of a planned unit development the governing body shall consider whether proposed lot or parcel sizes, widths, and setbacks are of adequate size and distance to prevent pollution or erosion along streets or other public ways and waterways. Increased shoreland setbacks shall be a condition of approval as a way of minimizing adverse impacts of development. Vegetative shore cover provisions in § 338-37 shall apply except that maximum width of a lake frontage opening shall be 100 feet and minimum vegetative buffer depth shall be increased to offset the impact of the proposed development.
(4) 
Note: Counties should be aware that the planned unit development standards, as written, grant back lot access (key holing) without applying frontage requirement standards to determine overall density. This comports to NR115.05(1)(a)4. Counties may optionally include requirements to limit overall density based upon minimum frontage standards as well. These types of developments may also be known as conservation subdivisions or planned residential development. The provisions of NR 115.05(1)(a)4 apply to these types of developments where there may be a combination of a density bonus, smaller lot size, and preservation of open space.
C. 
The procedure for establishing a Planned Residential Unit Development district shall be as follows:
(1) 
Petition. A petition setting forth all of the facts required in § 338-23B shall be submitted to the County Clerk with sufficient copies to provide for distribution by the County Clerk as required by § 338-62H.
(2) 
Review and Hearing: The petition shall be submitted to the County Land Use Planning and Zoning Committee established as required by § 59.69(3)(d), Wis. Stats., which shall hold a public hearing and report to the County Board as required by law. Copies of the petition and notice of the hearing shall also be sent to the appropriate office of the Department as described in § 338-65A, of this chapter. The Land Use Planning and Zoning Committee's report to the County Board shall reflect the recommendations of any federal, state, or local agency with which the Land Use Planning and Zoning Committee consults.
(3) 
Findings and Conditions of Approval. The County Board shall make written findings as to the compliance or noncompliance of the proposed overlay district with each of the applicable requirements set forth in § 338-23B. If the petition is granted in whole or part, the County Board shall attach such written conditions to the approval as are required by and consistent with § 338-23B. The conditions of approval shall in all cases establish the specific restrictions applicable with regard to minimum lot sizes, width, setbacks, dimensions of vegetative buffer zone, and open space requirements.
(4) 
Planning studies. A landowner or petitioner may, at his own expense, develop the facts required to establish compliance with the provisions of § 338-23B or may be required to contribute funds to the County to defray all or part of the cost of such studies being undertaken by the County or any agency or person with whom the County contracts for such work.
Each County shall adopt sanitary regulations for the protection of health and the preservation and enhancement of water quality.
A. 
Where public water supply systems are not available, private well construction shall be required to conform to Ch. NR 812, Wis. Adm. Code.
B. 
Where a public sewage collection and treatment system is not available, design and construction of a private on-site waste treatment system shall, prior to July 1, 1980, be required to comply with Ch. SPS 383, Wis. Adm. Code and after June 30, 1980, be governed by a private sewage system ordinance adopted by the County under § 59.70(5), Wis. Stats.
[Amended 11-12-2019 by Ord. No. 18-2019]