Chapter 16.10
LAND SUITABILITY
Sections:
16.10.010 Land suitability.
(a) Suitability.
(1) No land division shall be allowed for residential, commercial or industrial use which is held unsuitable for such use by the plan commission for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the community. The plan commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use and afford the land divider an opportunity to present evidence regarding such unsuitability if he so desires. Thereafter the plan commission may affirm, modify, or withdraw its determination of unsuitability.
(2) Except as provided herein, the plan commission shall preferably determine land suitability at the time of preapplication conference, following review and recommendation by the appropriate committee(s), and review and comment by the Iowa County natural resources conservation service. The land divider shall furnish such maps, data and information as may be necessary to make a determination of land suitability. In addition to the data required to be submitted with the preliminary plat or certified survey, the land divider may be required to submit some or all of the following additional information for development located in an area where flooding or potential flooding may be a hazard:
a. Two copies of an aerial photograph, or two maps prepared by a registered land surveyor or engineer which accurately locate the proposed development with respect to floodplain zoning district limits, if present, channel or stream fill limits and elevations, and floodproofing measures taken or proposed to be taken.
b. Two copies of a typical valley cross-section showing the channel or the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high water information.
c. Two copies of a profile showing the slope of the bottom of the channel or flow line of the stream.
d. Such other data as may be required.
(3) When a proposed land division is located in an area where flooding or potential flooding may be a hazard, the plan commission may transmit to the Division of Environmental Protection, Wisconsin Department of Natural Resources, one set of the information required and may request that the Division provide technical assistance in determining whether the land is suitable or unsuitable for the use proposed.
(4) Where a proposed land division is located wholly or partly in an area where flooding or potential flooding may be a hazard, the applicable village ordinances shall apply.
(5) The land divider may, as a part of the preapplication procedures, request a determination of land suitability providing that he or she shall provide all necessary maps, data and information for such a determination to be made.
(b) Existing Flora. The land divider shall make every effort to protect and retain all existing trees, shrubbery, vines, and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices, possibly including the preservation of trees by well islands or retaining walls whenever abutting grades are altered, pursuant to a landscaping plan filed by the land divider.
(c) Additional Considerations.
(1) Areas of archaeological and/or historical interest including those designated by the State Historical Society.
(2) Areas of geological interest including those designated by the State Geological and Natural History Survey.
(3) Suitability of land for private sewerage systems shall be determined in accordance with Wis. Adm. Code Chapter 83 or its successors.
(4) Land divisions shall satisfy the environmental assessment criteria of this title. [Ord. dated 3/6/12 § 126; Res. 00-04. Prior code § 10-5-3.02].