DCPREZ-0000-07110 - Laserfiche WebLink

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CONDITIONS OF APPROVAL: 1. Prior to the issuance of any further zoning or construction permits associated with this development, the applicant shall submit an erosion control and stormwater management plan approved by the state Department of Natural Resources and the County Land Conservation Department. Such plan shall address the following: a. Temporary construction site and ongoing erosion concerns; b. Temporary and ongoing stormwater quantity and quality; c. Post-development water quality; d. Minimization of runoff, siltation,nutrient loading and pollution into Fish Lake, and; e. To the extent practicable,the permanent restoration of a thirty-five (35) foot wide buffer of perennial natural vegetation along the shore. Such buffer shall be designed to effectively meet the purposes of section 11.04 (1) of the Dane County Code of Ordinances within 5 years. 2. No piers, wharves or boat hoists shall be constructed except in compliance with all applicable permits, rules and guidance of the state Department of Natural Resources. 3. The use shall be deed restricted to a mobile home park. No units shall be placed on permanent foundations. 4. No more than 100 mobile home units shall be located on the property. 5. The landowner agrees to use only sand or other non-reactive material, not salt, on roads in the winter and to limit the use of aquatic and terrestrial herbicides and pesticides. 6. The landowner agrees to manage all remaining land within the Fish Lake watershed in accordance with commonly accepted forestry best management practices to protect water quality, wildlife habitat and scenic beauty. 7. The landowner agrees to continue to negotiate in good faith with the Town of Roxbury toward the goal of dedicating a public park or beach on remaining land on the shore of Fish Lake. At least one issue remains unresolved. Dave Marshall spoke with the subcommittee about the rising water level of Fish Lake,which has apparently risen several feet over the past ten years. Since the subcommittee meeting on 1/30, I spoke with Ron Grasshoff of the DNR,who told me that the DNR intends to establish a new ordinary highwater mark for Fish Lake as soon as the ice melts. The new ordinary highwater mark will most likely be higher than the current standard, potentially affecting the legal status of structures placed near the shore in the interim. At the subcommittee chair's request, I would like to suggest three alternatives for dealing with this situation: 1. Do nothing. This would mean any mobile homes placed within 75 feet of the new ordinary highwater mark(once established)would become nonconforming structures. Expansions of, or additions to, such structures would be limited to 50%of their assessed value, and they could not be reconstructed if more than 50% destroyed. If the water level of Fish Lake rose substantially,there is a slight risk that such structures could become flood hazards in the future.