No land shall be subdivided which is held unsuitable
for the proposed use by the Grant County Planning and Zoning Committee
for reason of flooding, inadequate drainage, soil and rock formations
with severe limitations for development, severe erosion potential,
unfavorable topography, incompatible surrounding land use, inadequate
water supply or sewage disposal capabilities or any other feature
likely to be harmful to the health, safety or welfare of the future
residents of the proposed subdivision or of the community.
A.
The Planning and Zoning Committee shall determine
the issue of suitability or unsuitability at the time the preliminary
plat is considered for approval under this chapter. The subdivider
shall be afforded the opportunity to present evidence regarding the
issue of suitability or unsuitability and whether the preliminary
plat should be approved at a public hearing. The Zoning Administrator
shall send written notice to the parties in interest at least 10 days
prior to the hearing informing them of the date, time, place, and
subject of the hearing. At the hearing, any party may appear in person
or by agent or attorney. The Planning and Zoning Committee shall issue
a written decision which shall set forth the facts upon which it bases
its conclusion as to whether the premises is or is not suitable and
on whether the preliminary plat is approved, conditionally approved
or rejected.
B.
Prior to the public hearing the subdivider shall submit
to the Grant County Zoning Office the following documents for subdivisions
or development located in an area where flooding or potential flooding
may be a hazard:
(1)
Two copies of an aerial photograph or a plan certified
by a competent technician which accurately locates the floodplain
proposal with respect to the floodplain district limits, channel or
stream, and existing floodplain developments and information as to
the nature of the proposal, legal description of the property, fill
limits, elevations, building floor elevations, and floodproofing measures.
(2)
A typical valley cross section showing the channel
of the stream, the floodplain adjoining each side of the channel,
cross-sectional area to be occupied by the proposed development, and
high water information.
(3)
Plan (surface view) showing elevations or contours
of the ground; pertinent structure, fill, or storage elevations; size,
location and spatial arrangement of all proposed and existing structures
on the site; locations and elevations of streets, water supply and
sanitary facilities; soil types; and other pertinent information.
(4)
Profile showing the slope of the bottom of the channel
or flow line of the stream.
(5)
Specifications for building construction and materials,
filling, dredging, grading, channel improvement, storage of materials,
water supply, and sanitary facilities.
(6)
Any other documentation or information deemed necessary
by the Zoning Administrator or the Planning and Zoning Committee.
C.
When a proposed subdivision is located in an area
where flooding or potential flooding may be a hazard, the Zoning Administrator
shall transmit to the Wisconsin Department of Natural Resources one
set of the documents.
A.
Standards to be applied in passing upon plat approvals
where all or part of the proposed plat lies in a flood-prone area.
(1)
In all cases the decisions of the Planning and Zoning
Committee shall be consistent with the floodplain management standards
of the Wisconsin Department of Natural Resources.
(2)
Building sites must be filled to a height and area
sufficient to provide protection from the regional flood as defined
by and according to the standards of the Wisconsin Department of Natural
Resources.
(3)
Development of sites, either individually or in aggregate,
shall not have an adverse effect on flood flows. Adverse effects shall
be determined according to the standards of the Wisconsin Department
of Natural Resources.
(4)
Development of sites shall not have an adverse effect
on the storage capacity of the floodplain. Adverse effects shall be
determined according to the standards of the Wisconsin Department
of Natural Resources.
B.
When the Planning and Zoning Committee determines
that only part of a proposed plat may be safely developed, it shall
limit development to that part and shall require that the method of
development be consistent with its determination.
C.
When the subdivider does not intend to develop the
plat himself and the Planning and Zoning Committee determines that
limitations are required to ensure safe development, it may require
the subdivider to impose appropriate deed restrictions on the land.
Such deed restrictions shall be inserted in every deed and on the
face of the final recorded plat. Where land is dedicated to the County
in such a subdivision, the dedication shall also include an enforceable
interest in such deed restrictions.
