[1]
Editor's Note: Sections 460-68 and 460-69 are derived
from Secs. 18-67 and 18-69 of the 1997 Code, respectively.
[Amended 8-17-2010 by Ord. No. 2010-03]
A.
Approval of Town Board required. Streetlighting in
all subdivisions within the Town of Buchanan shall be subject to approval
by the Town Board at the time of any plat review. No streetlights
in any subdivision within the Town of Buchanan will be installed without
prior approval of the Town Board.
B.
Maintenance and operational costs to be special charges.
The cost of maintenance and operation of all streetlights in any subdivision
shall be a special charge pursuant to § 66.0627, Wis. Stats.,
and shall be allocated in full to the property served. Special charges
for the maintenance and operation of streetlights shall not be payable
in installments. If not paid by October 1 of each year or by such
other date as determined by the Town Board, such charges shall be
determined delinquent and shall become a lien, as provided by § 66.0627,
Wis. Stats., as of the date of such delinquency and shall automatically
be extended upon the current or next tax roll as a delinquent tax
against the property.
[Amended 8-17-2010 by Ord. No. 2010-03]
All subdividers seeking Town Board approval of any plat or subdivision
shall make provisions for surface water runoff as required on the
drainage plan by cutting and filling the drainageways to the grades,
elevations and widths as set forth on the drainage plan. The drainage
plan shall be deemed a covenant running with the land. No person shall
alter, change or modify the approved drainage plan by regrading, construction
or otherwise, or cause said plan to be altered, changed or modified
by regrading, construction or otherwise, without the prior written
approval of the Town Building Inspector. Such approval shall be conditioned
upon the provision of suitable drainage alternatives.
A.
Introduction. The Town has previously adopted a Zoning
Ordinance[2] regulating land uses within the Town. Pursuant to Ch.
236, Wis. Stats., as amended, the Town also has the authority to review
and approve the subdivision of land within the Town in order to "promote
public health, safety and general welfare." A portion of the land
area within the Town is zoned and used for agricultural purposes.
In connection therewith, some of these agricultural lands have been
acquired by municipal or political organizations for the purpose of
disposal of biosolids by means of land application by any means, including,
but not limited to, surface and subsurface application methods. Such
application provides benefits by increasing soil productivity and
by promoting the cost-effective disposal of biosolids generated by
wastewater treatment processes. Accordingly, the Town desires to promote
such land application but provide reasonable land regulation in order
to promote public health, safety and general welfare by enacting this
section. This section shall be construed and enforced to achieve this
purpose and intent.
B.
Authority. This section is enacted pursuant to the
general police powers of the Town and pursuant to § 236.45,
Wis. Stats.
C.
Separation distance for public and private wells.
If the land proposed for subdivision within the Town is immediately
adjacent to or located within 250 feet of a "municipal biosolids site,"
as herein defined, then in such event this chapter shall apply. A
"municipal biosolids site" means a parcel or parcels of land owned
in fee simple title by a municipal or governmental corporation where
biosolids generated by wastewater treatment processes are disposed
of by means of land application by any means, including, but not limited
to, surface and subsurface application methods. Whenever such lands
within the Town are proposed to be subdivided and the Town is required
pursuant to Ch. 236. Wis. Stats. to approve any such subdivision,
then as a condition of any such approval, the following requirements
shall be satisfied:
(1)
A setback shall be created on the lands proposed for
subdivision, which setback shall be not less than 250 feet from the
boundary line of the municipal biosolids site. This area between such
boundary line and the setback line is the "separation area." No private
well providing water for human consumption shall be located within
the separation area. All other structures are permitted.
(2)
The separation area shall be clearly depicted on any
plat or certified survey map required as a condition of the subdivision.
A notation shall also be placed on the plat or certified survey map
that provides: "No private well providing water for human consumption
shall be located within the separation area."
D.
Variance. Notwithstanding any provision to the contrary
contained herein, the Town Board may grant variances which would allow
for a private well to be located within the separation area whenever
the Town Board, in its sole discretion, determines that such variance
would not be detrimental to the public health and welfare.
