No land shall be divided or subdivided by means of a subdivision plat for a use that is held unsuitable by the Land Use Planning and Zoning Committee for reason of flooding or potential flooding, soil limitations, inadequate drainage, incompatible surrounding land use, or any other condition likely to be harmful to the health, safety or welfare of the future residents or users of the area, or to the residents of Green Lake County.
A.
Except as provided herein, the Land Use Planning and Zoning Committee shall determine land suitability at the time the preliminary subdivision plat, or first required submission, is considered for approval. The subdivider shall furnish such maps, data and information as may be necessary to make a determination of land suitability. In addition to the data required to be submitted with the preliminary plat or first required submission, the subdivider shall be required to submit some or all of the following additional information for a development located in an area where flooding or potential flooding may be a hazard:
(1)
Two copies of an aerial photograph and/or two maps prepared by a registered land surveyor or engineer, which accurately locates the proposed development with respect to floodplain zoning district limits, if present, channel or stream fill limits and elevations, and floodproofing measures taken or proposed to be taken.
(2)
Two copies of the 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)
Two copies of a profile showing the slope of the bottom of the channel or flow lines of the stream.
(4)
Such other data as may be required.
B.
When a proposed subdivision plat is located in an area where flooding or potential flooding may be a hazard, the County Land Use Planning and Zoning Committee shall transmit to the Wis. DNR one set of the information required in Subsection A above, and shall request that the Wis. DNR provide technical assistance in determining whether the land is suitable or unsuitable for the use and development proposed or whether certain modifications, limitations, improvements, or other conditions on the development can overcome the land unsuitability.
C.
In applying the provisions of this section, the County Land Use Planning and Zoning Committee shall, in writing, recite the particular facts upon which it bases its conclusion that the land is unsuitable for the intended use or development and afford the subdivider an opportunity to present evidence and the means of overcoming such unsuitability, if he so desires. Thereafter the County Land Use Planning and Zoning Committee may affirm, modify or withdraw its determination of unsuitability.
D.
Where a proposed subdivision plat is located wholly or partly in an area where flooding or potential flooding may be a hazard, the County Land Use Planning and Zoning Committee shall apply the following standards in addition to all other requirements in the approval of subdivision plats:
E.
Unless specifically exempt from this requirement elsewhere in this chapter, all subdivision plat proposals where private water and/or sewage disposal systems are to be used shall be accompanied by certifications and reports:
(1)
Describing the probable depth, cost and yield of private wells. This report shall be based on competent scientific investigation and shall include the sources of all data used in the preparation of the report.
(2)
Describing soil conditions existing on the site as applicable to on-site wastewater disposal. A soil report shall accompany all subdivision plat proposals.
[Amended 2-16-2021 by Ord. No. 3-2021]
F.
The subdivider may, as a part of the pre-application procedures, request a determination of land suitability, provided that they shall provide all necessary maps, data and information for such a determination to be made.