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11.03(4)—11.04(3) (h) Where applicable, the project must fully under this section until an inspection determines comply with approved filling and grading permits that all elements of the approved vegetative under section 11.05 of this ordinance or buffer plan have been implemented. approved erosion and stormwater control permits [History: (2)(a) am. and (4) cr., Sub. 1 to OA 1, 2001-02, under chapter 14 of the Dane County Code; and Pub. 01/22/02; (1) am. and (5) cr., OA 7, 2003-04, pub. (i) At the time of application for a conditional 12/03/03.] use permit, the landowner shall provide evidence NOTE: When it adopted the amendment to sub. of compliance with all necessary local, state or (2)(a) and created sub. (4) above, the county federal permits, regulations, plan design review board made the following findings which are not or other approvals related to fuel system design, part of the Code: construction and maintenance. 1.Marinas are a water-dependent use, and as is (5) Minor structures. Notwithstanding the the case with piers, boat hoists, and boat- provisions of sub. (2), minor structures shall be houses, should be allowed in close proximity to permitted within the shoreland setback area the shoreline and on the water; provided all of the following conditions are met: 2.Boat fueling systems, which are an integral (a) The proposed minor structure has no sides nert and function of a marina and provide service service to their clientele, also need to or has open or screened sides and meets all be located in close proximity to the boat docks; other dimensional and setback requirements of and this ordinance and Chapter 10. 3.That fuel lines from the tanks to the (b) The part of the structure that is nearest the dispensing location should be kept as short as water is located at least 35 feet landward from possible for safety and environmental protec- the ordinary high-water mark of any navigable tions and that shorter lines are less vulnerable water. to damage than longer lines used by tanks (c) The total floor area of all structures on the located further from the shore. property, including the proposed minor structure, 01 /22/2.] cr., Sub. 1 to OA 1, 2001-02, pub. within the shoreland setback area does not exceed 200 square feet. In calculating this square footage, legally permitted boathouses 11.04 SHORE COVER. (1) Purpose. To shall be excluded. maintain trees and shrubbery in the shoreland (d) The applicant has obtained all other areas for protection of scenic beauty, control necessary approvals required for construction of erosion and reduce effluent and nutrient flow the minor structure including, but not limited to: from the shoreland. These provisions shall not 1. filling and grading permits under section apply to the removal of dead, diseased or dying 11.05; trees or shrubbery or to silvicultural thinning 2. wetland rezoning petitions under section • upon recommendation of a forester. 11.06; (2) Shoreline cutting. Tree and shrubbery 3. erosion control and stormwater control cutting in a strip paralleling the shoreline and permits under chapter 14; extending 37.5 feet inland from all points along 4. wetland fill permits required by the U.S. the ordinary high-water mark of the shoreline Army Corps of Engineers or the Department of shall be limited in accordance with the following Natural Resources; provisions: 5. Chapter 30 permits from the Department of (a) No more than 30 feet in any 100 feet, as Natural Resources; and measured along the ordinary high-water mark, 6. town building permits. may be clear cut to the depth of the 37.5 foot (e) The zoning administrator approves a plan strip. to preserve, restore or establish a permanent (b) Natural shrubbery shall be preserved as buffer of vegetation for the site which: far as practicable and, where removed, it shall be 1. meets all purposes and dimensional replaced with other vegetation that is equally requirements of section 11.04 within 2 years; effective in retarding runoff, preventing erosion 2. includes only species of vegetation native and preserving natural beauty. to South Central Wisconsin and ecologically (3) Alternate cutting. A special cutting plan adapted to the conditions of the site which are on allowing greater cutting may be permitted by the a list approved by the Dane County Land board of adjustment by issuance of a special Conservation Department. exception permit under section 10.26(6)(b). In (f) The zoning administrator shall not issue applying for such a permit, the board shall certificates of compliance for projects permitted require the lot owner to submit a sketch of his or Page 11-4 rev 013106