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, :` �'y; Dane County Planning & Development %y 1 0A - 4� Room 116, City County Building, Madison, Wisconsin 53709 Land Division Review V,�r m 608/266-9086 y4��8co$g Property Listing 608/266-4120 Surveyor 608/266-4252 Zoning MEMORANDUM 608/266-4266 TO: Helen Johnson, ZNR Chair FROM: Brian Standing, Seni Planner DATE: September 17, 1998 SUBJECT: Petition 7287 CC: Jeanie Sieling, Director of Planning & Development Topf Wells, Chief of Staff Jeanie asked me to clarify some questions you had regarding Petition 7287 to lift deed restrictions on property on Fish Lake in the Town of Roxbury. I understand there was some confusion as to whether some of the conditions recommended in the staff report dated 9/2/98 were redundant, and already required by ordinance or by state law. As you know,these conditions dealt primarily with best management practices designed to limit the impact of development on Fish Lake. I have attempted to summarize the extent to which the county could administratively require the actions suggested in these conditions. Conditions 1 a-d: Provisions and specifications for erosion/stormwater control plans Section 14.53 of the County Erosion Control Ordinance specifically exempts residential development from requirements for Erosion Control Plans. Residential development is typically regulated instead by the Uniform Development Code, which is administered by the state Department of Commerce. The County does not presently have any regulations regarding stormwater practices. Thus,the zoning administrator may not have the authority to require compliance with an erosion or stormwater control plan, unless compliance were made a condition of the rezoning approval. Condition 1 e. Restoration of a 35 foot wide vegetative buffer along the shore. Section 11.04(2) of the County Shoreland Zoning Ordinance limits the removal of"trees and shrubbery" and prohibits"clear-cuts" of more than 30 feet in width within 35 feet of the ordinary highwater mark of any navigable water. However, as written,the ordinance does not address natural grasses or other plants and it is not clear that the zoning administrator has the authority to order restoration of natural vegetation once removed. Again,tying this requirement to the rezoning petition as a condition provides clearer authority and intent.