A. 
Purpose. The Town has developed a Comprehensive Plan and associated map based on a natural resources inventory and the goals and policies developed through the comprehensive planning process. The purpose of this article is to regulate and control the division of land within the Town in the areas designated as Preservation Residential in the Comprehensive Plan.
B. 
Intent. To maintain the rural character of the Town and to provide public benefit for the Town. Environmentally sensitive areas such as woodlands, vegetated corridors, river and stream corridors, wetlands, drainageways, closed depressions, floodplains, shore lands, prairies, ridge tops, steep slopes, critical species habitats, agricultural lands, open space, and other significant natural features as identified in the Comprehensive Plan will be set aside from development as provided in this article.
This article shall apply to major and minor subdivisions, as defined in § 168-4, that occur or are proposed to occur within the geographic limits of the Town in the areas designated as Preservation Residential as shown in the Comprehensive Plan.
The review procedures for major subdivisions located in the preservation residential land areas as designated in the Comprehensive Plan shall be the same as in Article II, § 168-5, except as follows:
A. 
Concept review. In addition to review procedures defined in Article II, § 168-5C(1), the concept review shall have the following procedures:
(1) 
The subdivider/owner is encouraged to show the general location and provide a general description of any known environmentally sensitive areas requiring delineation in the preliminary plat, § 168-5C(2), or further identification in the resources inventory, § 168-17.
(2) 
The subdivider/owner is encouraged to present more than one alternative concept to the Plan Commission and Town Board illustrating how the development of the concept has considered any environmentally sensitive areas in placement of house pads, roads, open space and lot lines.
B. 
Preliminary plat review. In addition to review procedures defined in Article II, § 168-5C(2), any development proposed under this article shall also include, at the time of preliminary plat:
(1) 
A resource inventory as defined in § 168-17;
(2) 
A site analysis as defined in § 168-18; and
(3) 
A development plan showing the layout of proposed open spaces, house sites, roads and lot lines. See Appendix B.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
C. 
Final plat review. Final plat review for any development proposed under this section shall follow the procedures defined in § 168-5C(3).
A. 
The review procedures for minor subdivisions located in the Preservation Residential areas as designated in the Comprehensive Plan shall be the same as in Article II, § 168-5D.
B. 
Recording of approvals and appeal.
(1) 
All final plats and certified survey maps reviewed under this article shall be recorded pursuant to the procedure in § 168-5E.
(2) 
Any person aggrieved by procedures outlined in Article IV of the chapter may appeal therefrom to a court of competent jurisdiction as provided in § 236.13(5), Wis. Stats.
Any development proposed under this article shall include a resource inventory map. The purpose of the resource inventory map is to ensure that the important site features have been adequately identified before the creation of the site design. The inventory:
A. 
Shall be prepared by qualified ecologists on behalf of the applicant.
B. 
Shall be prepared by the Town's consultants if the applicant is unable or unwilling to prepare the inventory. The applicant will be charged a fee for this service as established by the Town Board in accordance with the provisions of Article V of this chapter.
C. 
Can be done in any combination of features as long as each individual element can be distinguished and relationships between elements can be determined.
D. 
Exhibit is to be presented on an aerial photograph at a scale of no less than one inch equals 100 feet and include the following:
(1) 
Vegetation inventory of the site identifying:
(a) 
Woodland, brush, hedgerows, grasslands, pasture, row crop, non-row crop and standalone trees with a diameter at breast height (DBH) of eight inches or more.
(b) 
Vegetative types shall be classified as generally deciduous, coniferous or mixed, native grasses or flowers and described by plant community, relative age and condition.
(c) 
Trees to be removed for roads, drives, buildings, drainage or other purposes shall be identified.
(d) 
The location of the above-listed items should be shown on the map.
(2) 
A written description of existing wildlife habitat and the likely species of birds, mammals, amphibians, fish and reptiles present. The presence of rare or endangered species shall be noted.
(3) 
Visual resources, showing views onto the tract from surrounding roads and public areas, as well as views within the tract. Photographs, artistic renderings, computer-generated graphics or similar methods may be used to demonstrate the viewsheds.
The resource inventory shall be the basis for an analysis of the site to determine primary conservation areas, secondary conservation areas, potential development areas and open space areas. Each site analysis shall be mapped at a scale of no less than one inch equals 100 feet. Each area shall be differentiated so that relationships between the areas can be determined.
A. 
Primary conservation areas. Primary conservation areas consist of any of the following features:
(1) 
All wetlands designated by the Wisconsin Department of Natural Resources, including a minimum seventy-five-foot buffer.
(2) 
Floodplains and floodways. The calculated back-to-back 100-year design storm shall be used to compute floodplain. Otherwise, alluvial soils shall be used as derived from the NRCS Digital Soil Survey for the county.
(3) 
All lakes, ponds, rivers and streams (perennial and intermittent), including a minimum seventy-five-foot buffer measured from the ordinary high water mark (OHWM) as determined by the St. Croix County Land and Water Department or Wisconsin DNR.
(4) 
Natural drainage patterns on and immediately adjacent to the site and other watercourses that are deemed to contain running water during spring runoff or during storm events. A twenty-five-foot buffer measured out from each side from a line connecting the lowest points of the drainage and/or watercourse shall be included.
(5) 
Closed depressions, including a minimum seventy-five-foot buffer.
(6) 
Slopes equal to or greater than 20% where the horizontal interval of measurement is equal to or greater than 50 feet.
(7) 
Rare, threatened or endangered species habitat or resources.
(8) 
Identified native prairie sites.
(9) 
Archeological sites, burial sites and mounds as listed at the Wisconsin State Historic Preservation Office, on the Wisconsin Architecture and Historic Inventory (AHI) or on the National Register of Historic Places.
(10) 
Identified deciduous forests.
B. 
Secondary conservation areas. Secondary conservation areas consist of any of the following features:
(1) 
Identified deciduous, coniferous and mixed woodlands.
(2) 
Hedgerows and rock or boulder fences or walls.
(3) 
Grasslands, pastures, meadows and identified prairie.
(4) 
Significant farmsteads and farm buildings, important historic sites, buildings, structures or features of note as listed at the Wisconsin State Historic Preservation Office, on the Wisconsin Architecture and Historic Inventory (AHI) or on the National Register of Historic Places.
(5) 
Other significant natural and geologic features and scenic viewsheds such as ridgelines and scenic views into the site, peaks and rock outcroppings, particularly those that can be seen from public roads.
(6) 
Slopes between 12% and 19.9%.
(7) 
Wildlife habitats and corridors.
(8) 
Standalone trees with a diameter at breast height (DBH) of eight inches or more.
(9) 
River and stream valleys.
(10) 
Farmland.
C. 
Potential development areas. Development areas that do not comprise either primary or secondary conservation areas shall be the first priority for placing new development on the site.
D. 
Open space areas.
(1) 
Open space shall consist of primary and secondary conservation areas, plus any additional nonconservation areas necessary to meet open space requirements defined in § 168-20E(4). Open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement, or other agreement in a form acceptable to the Town Board and duly recorded in the office of the County Register of Deeds. The legal instruments detailing the ownership of the open space shall be submitted with the preliminary plat and shall be recorded with the Register of Deeds upon final plat approval. Open space areas shall be undeveloped acreage adjacent to subdivision lots and/or accumulated and grouped within a subdivision. Open space areas in the primary and secondary conservation areas and in nonconservation areas may be used for nonmotorized trails (walking, skiing, cycling), wildlife habitat, forests, prairies, parks, farmland, farmland buffers, stormwater management facilities, and other similar undeveloped uses. Open space areas in non conservation areas may also be used for equestrian, recreational uses, picnic areas, community gardens, compost areas (for subdivision residents only), turf areas for informal play, common areas such as greens or squares, ballfields, playgrounds, swimming pools or beaches, tennis or basketball courts, common buildings, sewage disposal systems, essential services, e.g., utility substations, and other similar types of uses as approved on a case-by-case basis by the Town Board.
(2) 
If the proposed subdivision is suitable for subdivision and if the entire parcel proposed for subdivision consists of primary and/or secondary conservation areas, then the land designated as open space within the parcel may be used for the following: sewage disposal systems; essential services - utility substations; and any other similar type of use deemed reasonable, appropriate, and the same or similar to other uses in this section by the Town Board; in addition to the uses allowed in § 168-18D(1) above which are for nonmotorized trails (walking, skiing, cycling), wildlife habitat, forests, prairies, parks, farmland, farmland buffers, stormwater management facilities, and other similar undeveloped uses.
(3) 
Open space areas may not contain:
(a) 
Motorized trails.
(b) 
Roadway easements.
(c) 
Any other similar type of use deemed not allowable because it is not reasonable, appropriate, or the same or similar to other uses in this section on a case-by-case basis by the Town Board.
A. 
Land in the areas designated as Preservation Residential shall be subject to creative subdivision and development regulations that seek to preserve a larger portion of the natural resources and corridors consistent with the goals of the Comprehensive Plan.
B. 
Land in the areas designated as Preservation Residential shall be developed with innovative techniques, as identified in Article IV and referenced in the Comprehensive Plan, allowing for flexibility to consider the elements of the landscape when development occurs.
C. 
If within one year before filing the application, the applicant has substantially changed the character of the property by removing resources that are intended to be preserved under this chapter or under the Comprehensive Plan, the Town Board may require the applicant to take actions which are designed to mitigate the negative effect of such changes. Examples of possible mitigation measures include, but are not limited to, planting trees, restoring native prairie or grassland, setting aside additional open space or other similar actions which are designed to mitigate the negative impact caused by removing resources or changing the character of the land.
D. 
Minimum lot areas are defined in Chapter 170 (and summarized in Tables 1, 2, 3 and 4 at § 168-7 of this chapter, though Chapter 170 shall prevail in the case of any discrepancy). In addition to satisfying minimum lot area requirements as defined in those tables, all lots shall contain sufficient area to satisfy all size requirements, applicable setbacks, zoning standards, minimum width and sanitary requirements for the uses intended.
E. 
Land to be subdivided shall meet the following requirements:
(1) 
Primary conservation areas.
(a) 
Primary conservation areas are required to be set aside from development and be preserved through deed restrictions, conservation easements or other permanent conservation restrictions, limiting their use and development. This requirement may be reduced under the following conditions:
[1] 
Eighty percent or more of the site is located in primary conservation areas and development at the permitted density would not be possible without encroaching into the primary conservation areas.
[2] 
It can be demonstrated that additional development within the primary conservation area meets the overall objectives of this chapter.
[3] 
Any encroachment into the primary conservation areas beyond 20% shall be at the minimum needed to achieve maximum permitted density or a stated open space objective.
(b) 
All building requirements under § 168-20E(3) shall apply in these primary conservation areas.
(2) 
Secondary conservation areas.
(a) 
A deliberate effort should be undertaken to preserve secondary conservation features and to incorporate them into the site or subdivision design.
(b) 
Where such areas are intended to be set aside in perpetuity, they may be preserved through deed restrictions, conservation easements or other permanent conservation restrictions, limiting their use and development.
(c) 
All building requirements under § 168-20E(3) shall apply in these secondary conservation areas.
(3) 
Development areas.
(a) 
Development areas on each parcel proposed for subdivision shall be located in a way that seeks to minimize disturbances in primary conservation areas and is sensitive to the visual and physical impacts of development in primary and secondary conservation areas.
(b) 
New development shall be placed to meet minimum open space area requirements, maximize open space views onto the site, protect the most significant natural and cultural features of the site, and minimize the alteration of the existing terrain and vegetation.
(c) 
The visual impact of new structures shall be mitigated by use of any of the following methods:
[1] 
Use of existing vegetation to screen new development.
[2] 
Use of additional new landscaping to screen new development.
[3] 
Use of varied setbacks to minimize views along the roadway.
[4] 
Use of existing topography to screen new structures.
[5] 
Use of grading or berming to screen new structures.
[6] 
Any other similar method acceptable to the Town Board.
(d) 
The visual impact of roads shall be mitigated by the use of any of the following methods:
[1] 
Avoiding long, straight road segments.
[2] 
Providing terminal vistas at T-intersections, along outside edge of street curves, overlooking conservation areas/open space, etc.
[3] 
Building subdivisions that place open space at the foreground (first thing you see) of subdivision.
[4] 
Use of roadway alignments to minimize views along the roadway.
[5] 
Any other similar method acceptable to the Town Board.
(4) 
Open space areas.
(a) 
Forty percent of the gross land area of the development site shall be permanently preserved open space protected by a conservation easement or deed restrictions unless the subdivider/owner can show that this requirement does not meet provisions of the Comprehensive Plan.
(b) 
Of that 40%, at least 50% of the open space is to be in a contiguous tract, unless the subdivider/owner can show that this requirement does not meet provisions of the Comprehensive Plan, and may be contiguous with adjacent tracts where possible.
(c) 
To ensure adequate protection of natural and cultural features, no more than 25% of the open space shall be used for active recreational purposes.
(d) 
Where possible, the open space shall adjoin any neighboring areas of open space, other protected areas, natural resource corridors identified on the Comprehensive Plan, and nonprotected natural areas that would be candidates for inclusion as part of a future area of protected open space.
(e) 
Areas along streams, shorelines, or within the natural resource corridor shall be included as preserved open space.
(f) 
Open space areas shall not consist of long, narrow corridors in backyards.
(g) 
Open space areas shall be kept free of noxious weeds.
(h) 
The subdivider/owner shall specify how open space will be managed and owned.
F. 
Landscaping for Preservation Residential areas.
(1) 
Preservation of existing native vegetation.
(a) 
For the purpose of conserving native vegetation and in recognition of the time value of existing native vegetation, the preservation of existing native, noninvasive vegetation shall generally be preferred to the installation of new plant material, and the excavation of sites shall be minimized.
(b) 
Within all open space areas, existing woodlands and hedgerows shall be retained to the maximum extent possible.
(c) 
Suitable existing native vegetation shall be credited toward the landscaping requirements of this chapter when it would equal or exceed the desirable visual impact of the new required plant material after two years of growth.
(2) 
Trees along roads.
(a) 
Trees of native species shall be planted along the roads of the subdivision.
(b) 
Informal, irregular or natural arrangements are encouraged for trees along roads, to avoid the urban appearance that regular spacing may evoke.
(c) 
Trees shall be located so as not to interfere with the installation and maintenance of utilities and trails that may parallel the road.
(3) 
Buffers.
(a) 
Required buffers around wetlands, all water bodies and drainageways and closed depressions must be naturally vegetated or planted with native plant species appropriate to the surrounding landscape.
(b) 
Buffers consisting of an informal, irregular or natural arrangement of native plant species combined with infrequent or prescriptive mowing are strongly encouraged to create a low-maintenance, naturalized landscape.