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DCPREZ-0000-03501
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DCPREZ-0000-03501
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Last modified
11/16/2016 4:56:38 PM
Creation date
11/16/2016 4:56:30 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
03501
Town
Berry Township
Section Numbers
19
AccelaLink
DCPREZ-0000-03501
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• G I / moo/ �ke /s/ — Tr nizy j i <br /> i <br /> SECTION 11.06 SHORELAND-WETLAND DISTRICT: <br /> (1) PURPOSE: This ordinance is adopted to maintain safe and healthful conditions, to pre- <br /> vent water pollution, to protect fish spawning grounds and wildlife habitat, to pre- <br /> serve shore cover and natural beauty and to control building and development in wetlands <br /> whenever possible. When development is permitted in a wetland, the development should <br /> occur in a manner that minimizes adverse impacts upon the wetland. <br /> (2) DESIGNATION: This district shall include all shorelands which are designated as wetlands <br /> of five acres or more in area on the Wisconsin Wetland Inventory Maps, stamped "final <br /> March 22, 1983", that are hereby adopted and made a part of this ordinance. Said maps <br /> are on file in the office of the Dane County Zoning Administrator. Wetlands in a shore- <br /> land area that extend across the corporate limits of an adjacent municipality or across <br /> the shoreland boundary shall be included if the total contiguous wetland area is five <br /> acres or more in area. <br /> ION 11.0A USES WHICH ARE A .TLPND DIST UBJECT TO THE ISSU <br /> ZONING (LAND USE) PERMIT: <br /> (3) The establishment and development of public and private parks and recreation areas, <br /> boat access sites, natural and outdoor education a , historic aiscientific areas, <br /> wildlife refuges, game preserves and private habitat areas provided that: <br /> (a) Any private recreation or wildlife habita . area must be WOOWexclusively for that <br /> purpose; <br /> (b) No filling is to be done; and <br /> ( Ditching, excavating, dredging, dike and dam construe p may done in <br /> s, ves and private wildli itat a , bu y for th <br /> pr ife habitat or to oth enhanc lan ues. <br /> SECTION 11.09 PROHIBITED USES: <br /> Any use not listed in Sections 11.07 and 11.08 is prohibited, unless the wetland or a portion of <br /> the wetland has been re-zoned by amendment of this Ordinance in accordance with Section 11.10 of <br /> this Ordinance. . <br /> SECTION 11.10 RE-ZONING OF LANDS IN THE SHORELAND-WETLAND ZONING DISTRICT: <br /> (1) Re-zone of a wetland or portion of a wetland shall be by an amendment to this ordinance <br /> and the related wetland maps in accordance with the requirements of Section 59.97 (5) <br /> (e) , Wisconsin Statutes, Chapter NR 115, Wisconsin Administrative Code and Section 11.10 <br /> (2), following.. <br /> (2) A wetland, or a portion thereof, in the shoreland-wetland district shall not be re-zoned <br /> if the proposed re-zoning may result in a significant adverse impact upon any of the <br /> following: <br /> (a) Storm and flood water storage capacity; <br /> (b) Maintenance of dry season stream flow the discharge of groundwater to a wetland, the <br /> recharge of groundwater from a wetland to another area, or the flow of groundwater <br /> through a wetland; <br /> (c) Filtering or storage of sediments, nutrients, heavy metals or organic compounds that <br /> would otherwise drain into navigable waters; <br /> (d) Shoreline protection against soil erosion; <br /> (e) Fish spawning, breeding, nursery or feeding grounds; <br /> (f) Wildlife habitat; or <br /> (g) Areas of special recreational, scenic or scientific interest, including scarce wet- <br /> land types. <br /> (3) For all proposed text and map amendments to the shoreland-wetland district, the appro- <br /> priate district office of the Department of Natural Resources •shall be provided with <br /> the following: - <br /> (a) A copy of every petition for a text or map amendment to the shoreland-wetland dis- <br /> trict, within 5 days of the filing of such petition with the County Clerk; <br /> (b) Written notice of the public hearing to be held on a proposed amendment, at least <br /> 10 days prior to such hearing; <br /> (c) A copy of the County Zoning Agency's findings and recommendations on each proposed <br /> amendment, within 10 days after the submission of those findings and recommendations <br /> to the County Board; and <br /> (d) Written notice of the County Board's decision on the proposed amendment, within 10 <br /> days after it is issued. <br /> (4) If the Department of Natural Resources has notified the County Zoning Agency that a pro- <br /> posed amendment to the shoreland-wetland district may have a significant adverse impact <br /> upon any of the criteria listed in Section 11.10 (2) of this Ordinance, that amendment, <br /> if approved by the County Board, shall contain the following provision: <br /> "This amendment shall not take effect until more than 30 days have elapsed since written <br /> notice of the County Board's approval of this amendment was mailed to the Department <br /> of Natural Resources. During that 30-day period the Department of Natural Resources <br /> may notify the County Board that it will adopt a superseding shoreland ordinance for <br /> the County under Section 59.971 (6) of the Wisconsin Statutes. If the Department does <br /> so notify the County Board, the effect of this amendment shall be stayed until the sec- <br /> tion 59.971 (6) adoption procedure is completed or otherwise terminated." <br />
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