6/1971-5/1973 Zoning Ordinance - Laserfiche WebLink

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SECTION 10.16; 10.17' (f) Removal of trees in excess of twenty (20) percent of the number of trees within 75 feet from the high water mark on a lot or parcel of land is prohibited in shore- land areas, and no building permit for a building or structure shall be issued for property so situated where more than twenty (20) per cent of the trees have been re- moved since the date of adoption of this provision, provided, however, that at the discretion of the property owner removal of dead, diseased or dying trees, or silvicul- tural thinning shall be permitted. In addition, removal of trees in' excess of twenty (20) per cent may be permitted by the Board of Adjustment as a special exception. In passing on a special exception permit, the Board of Adjustment shall, .in so far as. practicable, protect scenic beauty, control erosion and reduce effluent' and nutrient flow from the shoreland. (g) Filling and grading which would result in substantial detriment to navigable Waters by reason of erosion, sedimentation, or impairment of fish or aquatic life is prohibited. A special exception permit from the Board of Adjustment shall be re- quired in addition to permits required by state agencies under the Statutes for any: filling or grading of the bed of a navigable body of water, or for any filling or . grading of any area which is within three hundred (300) feet of a navigable body of water and which has surface drainage toward the water and on which there is filling or grading of more than 1,000 square feet of area. In passing on a special exception permit, the Board of Adjustment shall evaluate the effect of the proposal on possible water pollution including erosion and sedimentation, ,maintainance of safe and health- ful conditions. This provision shall not apply to soil conservation practices such as terraces, run off diversions, grassed waterways constructed for sediment retardation. (h) Construction of lagoons connected to a navigable body of water for the purpose of .private development shall be prohibited. A special exception permit shall be required before construction or dredging any other. artificial waterway, canal, .ditch, ' lagoon, pond, lake or similar waterway which is within three hundred (300) feet of a navigable body ,of water. In passing on a special .exception permit, the Board of Adjustment . shall evaluate the effect of the proposal on erosion and sedimentation both during construction and thereafter, water quality, stream flow, fish life, acquatic plants, and flooding, and evaluate the measures proposed to prevent harmful changes. (i) Prior to the issuance of a special exception permit under this section, soil erosion and sedimentation control plans and specifications setting forth all measures in accordance with the Standards and Specifications for the Handling of Erosion Control and Water Urbanizing- Areas to be taken into account to assure protection against soil erosion, sedimentation, siltation and washing during and after earth movements Or any other disturbances of the. land surfaces shall be submitted to the Supervisors of the Dane County Soil and Water Conservation District for review prior to the issuance of a special exception permit by the Board of Adjustment. Section 7, Section IX of the ordinance of July 20, 1938, the title to which is recited in the' title to this ordinance, is hereby renumbered to be Section 10.17, and as so renumbered is amended to read: 10.17 SETBACK REGULATIONS For the purpose of determining the distance buildings and other structures shall be set back from streets and highways, the streets and highways in Dane County are . divided into the following classes: ('1) CLASS A HIGHWAYS • .(a) All state and federal highways are hereby classified Class A highways; also County Trunk S from the west city limits of the City of Madison to its intersection with the Beltline Highway. The provisions of subsection (b) hereof shall apply whenever a right of way map for a new state or federal highway, or a right of way map and relocation order for the relocation or widening of an existing state or federal highway shall have been filed with the county board and- the county highway department by the state' highway commission. - 24 -