[1]
Editor's Note: See § NR 115.05(2), Wis. Adm. Code.
[Section NR 115.05(2), Wis. Adm. Code] The County shall review, pursuant to § 236.45, Wis. Stats., all land divisions in shoreland areas which create parcels or building sites of 10 acres each or less. In such review all of the following factors shall be considered:
A. 
Hazards to the health, safety or welfare of future residents.
B. 
Proper relationship to adjoining areas.
C. 
Public access to navigable waters, as required by law.
D. 
Adequate stormwater drainage facilities.
E. 
Conformity to state law and administrative code provisions.
A. 
Purpose. The planned unit development is intended to permit smaller non-riparian lots where the physical layout of the lots is so arranged as to better assure the control of pollution and preservation of ground cover than would be expected if the lots were developed with the normal lot sizes and setbacks and without special conditions placed upon the planned unit development at the time of its approval. A condition of all planned residential unit development is the preservation of certain open space, preferably on the shoreland, in perpetuity.
B. 
Requirements for planned unit development. The County Board may at its discretion, upon its own motion or upon petition, approve a Planned Unit Development Overlay District upon finding, after a public hearing, that all of the following facts exist:
(1) 
Area. The area proposed for the planned unit development shall be at least two acres in size or have a minimum of 200 feet of frontage on a navigable water.
(2) 
Lots. Any proposed lot in the planned unit development that does not meet the minimum size standards of §§ 520-21 and 520-22 shall be a non-riparian lot.
(3) 
Lot sizes, widths, setbacks, and vegetation removal. When considering approval of a planned unit development, the governing body shall consider whether proposed lot sizes, widths, and setbacks are of adequate size and distance to prevent pollution or erosion along streets or other public ways and waterways. Increased shoreland setbacks shall be a condition of approval as a way of minimizing adverse impacts of development. Shore cover provisions in Section 7.2 shall apply except that maximum width of a lake frontage opening shall be 100 feet and minimum vegetative buffer depth shall be increased to offset the impact of the proposed development.
C. 
Procedure for establishing a planned residential unit development district. The procedure for establishing a Planned Residential Unit Development District shall be as follows:
(1) 
Petition. A petition setting forth all of the facts required in Subsection B shall be submitted to the County Clerk with sufficient copies to provide for distribution by the clerk as required by Subsection C(2).
(2) 
Review and hearing. The petition shall be submitted to the County Zoning Department established as required by § 59.69(3)(d), Wis. Stats., which shall hold a public hearing and report to the County Board as required by law. Copies of the petition and notice of the hearing shall also be sent to the appropriate office of the Department as described in § 520-48D of this chapter. The County Zoning Department's report to the County Board shall reflect the recommendations of any federal, state or local agency with which the County Zoning Department consults.
(3) 
Findings and conditions of approval. The County Board shall make written findings as to the compliance or noncompliance of the proposed overlay district with each of the applicable requirements set forth in Subsection B. If the petition is granted in whole or part, the County Board shall attach such written conditions to the approval as are required by and consistent with Subsection B. The conditions of approval shall in all cases establish the specific restrictions applicable with regard to minimum lot sizes, width, setbacks, dimensions of vegetative buffer zone and open space requirements.
(4) 
Planning studies. A landowner or petitioner may at his own expense develop the facts required to establish compliance with the provisions of Subsection B or may be required to contribute funds to the County to defray all or part of the cost of such studies being undertaken by the County or any agency or person with whom the County contracts for such work.
D. 
Back lot development. Permits may be issued for the development of shoreline property as an access lot for use by owners of back lots, subject to the following requirements, which shall be made conditions of any conditional use permit granted:
(1) 
The minimum width of an access lot shall be 100 feet measured at the lot's narrowest point.
(2) 
The proposed access lot shall not provide lake access for more than four back lots.
(3) 
The proposed access lot shall be 20,000 square feet in area, not including space devoted to any public roadway or right-of-way which may intersect the access lot.
(4) 
The back lots having access to the waterway over the access lot must be situated so that they are contiguous to each other, excepting roadways, and their furthest boundary no more than 1,000 feet from the back of the access lot.
(5) 
The owner of the access lot shall either:
(a) 
Provide a buffer strip of at least 60 feet between the access lot and the lot line of any adjacent property used or zoned for residential purposes.
(b) 
Provide written consent in recordable form of the owners of at least the first 60 feet of land adjoining both sides of the access lot stating that the owners of this land consent to the proposed use of the access lot.
(6) 
The owner of the access lot shall provide evidence that the proposed access lot is subject to enforceable deed restrictions, which restrictions shall:
(a) 
Recite in reasonable detail the specific purposes and uses of said access lot if the conditional use permit is granted.
(b) 
List the number of existing or potential back lot dwellings whose owners and tenants are to use the access lot.
(c) 
State that violations of the deed restriction shall subject the owner of the access lot to revocation of the conditional use permit and/or penalties as set forth under Articles XIII and XV of this chapter.
(7) 
Conditions that shall be required for an access site/lot shall include and are not limited to waste containment, sanitary facility, noise limits, screening, parking, parking controls (there shall be no parking within 75 feet of the ordinary high-water mark), time requirements, lighting and identification of sites, fish cleaning, gasoline and oil handling and disposal of all waste materials. Any conditional use permit shall include approval as per Ch. 30, Wis. Stats., and Ch. NR 326, Wis. Adm. Code.
[1]
Editor's Note: See § NR 115.05(1)(a)4., Wis. Adm. Code.
[Section NR 115.05(3), Wis. Adm. Code] The County shall adopt sanitary regulations for the protection of health and the preservation and enhancement of water quality.
A. 
Where public water supply systems are not available, private well construction shall be required to conform to Ch. NR 812, Wis. Adm. Code.
B. 
Where a public sewage collection and treatment system is not available, design and construction of private on-site waste treatment system shall, prior to July 1, 1980, be required to comply with Ch. SPS 383, and after June 30, 1980 be governed by a private sewage system ordinance adopted by the County under § 59.70(5), Wis. Stats.