TOWN OF PLEASANT SPRINGS

Amended September 2002

• To preserve all prime agricultural land possible in the town.

• To limit non-farm residential development to a very low density.

• To preserve the rural character of the town.

• To apply farmland preservation policies as the primary determinant in future zoning and other land use decisions.

• To cooperate with governmental agencies in implementing farmland preservation policies and the tax credit program.

• To implement land use measures which will discourage and prevent non-farm development in agricultural preservation areas.

• To continue to make decisions that are consistent with maintaining eligibility for those farm operators who wish to participate in the tax credit program.

        Development Policies within the Agricultural Preservation Areas

1. Residential and other non-farm development is limited to those areas with soils not classified as prime farmland or of statewide importance and those areas not shown as having severe or very severe limitations for septic tanks (as shown on soil maps).

2. The density is limited to one lot or residence per thirty-five (35) contiguous acres of land owned as of June 6, 1978 This is the date when Exclusive Agriculture zoning was enacted in the Town of Pleasant Springs. This policy is meant literally with no fractions allowed. Any residences, farm or non-farm, in the town count toward the one lot or residence per thirty-five (35) acres overall density. Other development may also count toward this density limitation. Please refer to Policy #3 below.
   
3. The density policy also applies to certain other forms of development and land divisions. The following developments and land divisions shall be counted against the density policy of #2 above:

1. Communication towers created after the date of adoption of this plan amendment shall count against the density policy.
2. Any commercial development in the agricultural preservation areas requiring a rezoning out of the A-1EX district subsequent to the adoption of this plan amendment shall count against the density policy.
3. Land sales and division or easements granted to public entities (e.g., Dane County Parks, US Fish & Wildlife, WIDNR) shall count against the density policy unless sufficient evidence is provided (as per policy #2, sub. F), documenting that the sale, division, or easement did not involve a density unit.
4. Residences for farm owners or operators created under provision of the Dane County Zoning Ordinance 10.123(2) sub (b) and (c) shall count against the density policy.

4. Subdivisions (see Appendix I, Definitions) are not permitted in the agricultural preservation areas.
   
5. Farm residences proposed under provision of the Dane County Zoning Ordinance 10.123(2) sub (b) and (c) undergo town advisory review. Farm residences proposed in the A-1EX district under this provision shall be considered for favorable review by the town only if all the following criteria are met:

1. Proposal abides by the density policy of one residence per 35 acres in #2 above; and
2. Proposal abides by the county’s substantial income test; and
3. Proposal follows the residential siting guidelines of the Land Use Plan.

Deed Restriction Required

1. Original farm unit currently under single ownership:

If the original farm unit remains under common ownership, a deed restriction prohibiting further residential development shall be placed on the contiguously owned property as of June 6, 1978.

Deed Restriction and Notice Required

2. Original farm unit not currently under single ownership:

If portions of the original farm unit are now owned by more than one party, the town shall require a deed restriction prohibiting further residential development on that portion of the 1978 farm unit owned by the petitioner requesting the final split(s). The town shall also require a deed notice document be placed on all other parcels comprising the 1978 farm unit.

5. Non-conforming parcels under 35 acres as of 6/6/1978:

The town has adopted the following policies to deal with "non-conforming," or "substandard," parcels that are less than 35 acres in size and zoned A-1EX, and have been in existence and unaltered since 6/6/1978.

1. Vacant, legal, non-conforming A-1EX zoned parcels between 1 and 35 acres in size in existence since 6/6/1978 are permitted to rezone to an appropriate district to allow one single-family home, provided that the property has suitable soils for a septic tank absorption system, and can meet the town’s development siting criteria.
2. Non-conforming parcels with an existing residence are not permitted to divide.
3. Illegally created parcels are not permitted to divide.
4. Illegally created parcels with an existing residence may be permitted to rezone to an appropriate district to bring the parcel into compliance.

6. Land Transfers after June 6, 1978

Land transfers occurring after June 6, 1978, do not result in new allotments of density units. When land sales after June 6, 1978, are not accompanied by clear documentation as to whether or not density units are also being transferred, the town will consider the following options to determine the proper allotment of density units:

1. The town encourages landowners to make clear the terms of land sales in the sales contract or deed. The town will request that any supporting documentation be included with development proposals. Supporting documents may include, but are not limited to, sales contracts, deeds, affidavits, and written agreements.
2. In the absence of clearly understood supporting documentation, the town will attempt to determine the intent of the land sale by requesting testimony from all affected landowners (i.e., those owning portions of the original farm unit, or those involved in the land sale in question). The town will share this information with the Dane County Department of Planning and Development, and may request that an agreement or affidavit be filed with the Register of Deeds clarifying the status of remaining density units.
3. The town may also consider site characteristics to determine if a land transfer included a density unit such that town plan siting standard and criteria could be satisfied. The Town will review site characteristics including, but not limited to: road access; soil quality; history of farming activity; environmental features.
4. In the absence of sufficient evidence, supporting documentation, or testimony, the town will use its discretion in determining the proper allotment of any remaining splits.

Development Siting Standards and Criteria within Agricultural Preservation Areas

Any proposed residential development, both farm and non-farm, in the agricultural preservation areas shall comply with the following siting and design requirements:

1. The minimum parcel size is one (1) acre.
2. Roads or driveways should avoid crossing agricultural land to reach non-farm development. Generally, "flag lots" or layouts requiring long access roads are discouraged.
3. Development shall be directed away from soils classified as "prime farmland," "farmland of statewide significance," those areas shown as having severe or very severe limitations for septic tanks (as shown on soils maps), and hydric ("wet") soils. Discretion may be used for sites that consist entirely of soils classified as "prime farmland" or "farmland of statewide significance."
4. No development shall be permitted within the 100-year floodplain of any navigable waterway in the town.
5. Development within environmental corridors, sensitive environmental areas (e.g., wetlands, woodlands), and on slopes in excess of 20% shall be discouraged.

The town had adopted a mapping dispute process to address mapping conflicts (please see Appendix III).

 

Objectives

• To ensure that all new residential development complies with the town’s land division and subdivision ordinances and other appropriate policies.

• In keeping with the objective of preserving the rural character and limiting non-farm residential use to a low density, generally single-family residential zoning is appropriate. The only exception is to allow two-family use of existing large houses that fit the criteria. Since most conversion will involve farmhouses, the Plan Commission and Town Board will have to apply judgment in applying the criteria to specific houses and associated farm buildings.

• It is recognized that having public sewer available makes a mixture of higher density housing units possible. There are concerns however, for the intensity of development around the lake. Future development must be kept in perspective with existing areas and avoid any excessive burden to the sanitary district due to higher-density housing. This will require the close coordination between the Plan Commission, Town Board, and Sanitary District commissioners to review such proposals with fairness and completeness. In creation of any new lot that will be served by the Pleasant Springs Sanitary District, approval will be dependent on the availability of sanitary district capacity and the sanitary district commissioner’s approval.

Policies

1. Subdivision plats are not permitted in agricultural land preservation areas.
2. To prevent strip residential development along county highways or town roads to protect the use of roadways for moving traffic and to provide a better design for low-density rural development.
3. To allow ONLY single-family zoning when rezoning for new residential use in unsewered areas. Duplex/two-family zoning will be considered for the conversion of existing large houses if the following criteria are met:

1. Existing as of adoption of the Land Use Plan in 1978, with minimum size of 1800 sq. ft.
2. No additions to the building size.
3. Minimal land area is provided for duplex use.
4. Adequate existing or approved replacement septic tank soil absorption system to accommodate the added development
5. Agricultural density policies apply and the conversion will count for two housing units.

4. Sewered lots shall be a minimum of 15,000 sq. ft. as permitted by the R-1 Residential Zoning District of the Dane County Zoning Ordinance. It is the town’s intent to use the R-1 District for residential development within sewered areas.
   
5. To minimize population density within the limited service area and protect the natural and recreational resources of the lake and river, residential development will be limited to single-family development, with the exception of the duplex conversion as provided in Policy #3 above.

6. Residential lots proposed in the vicinity of a mineral extraction area or other intensive use shall be required to file a Notice document with the Dane County Register of Deeds informing current and future owners of the existing nearby use.

• To provide a public sewer system to serve existing and infill development within the sewer service areas of Pleasant Springs.

• To cooperate with Sanitary District, Town of Dunn and the Madison Metropolitan Sewerage District in the provision of sewer service to the sewer service areas.

• To generally discourage extensive urban growth around the lake and river to avoid the deteriorating effect of urban runoff on water quality and the need to provide additional public services.

• To plan only for the provision of sewer service in these areas and not a full range of urban services, since the primary purpose is to provide sewer service for health and water quality needs.

• To require that infill or replacement development is limited to a similar character and intensity to the existing development.

Policies

1.    Avoid any substantial expenditure of public funds for urban services other than sewer. 

2. Limit additional development to a scale and density that will not lead to further deterioration of lake and river water quality.
   
3. Limit any new commercial use to those that would serve residents of the immediate area. The following criteria shall be applied:

1. Consideration of the impact on the immediate area, consistent with other objective and policies for this area.
2. Consideration of lake- and river-related impacts of any proposed commercial use.

Note: The B-1 Local Business and the RE-1 Recreational zoning districts permit rental of boats and boat slips. The town intends to resolve these issues through site plans prior to zoning approval. Conditional rezoning will be required to specify the limits of use and the agreed-upon site plan.

4. Industrial uses within the service areas shall be prohibited. Industrial uses are incompatible with lake- and river-related residential areas.
5. All new development within the service areas is required to be connected to the public sewer.
6. Limit any future expansion of the sewer service areas to locations of existing and infill development where there is a demonstrated need for public sewer. It is recognized that the installation of public sewer makes some areas more developable; however, in keeping with the overall objectives for this plan district, any future additions should be very carefully scrutinized to ensure the actual need for the service, that the district is not burdened by the addition, and that all plan objectives and policies are observed.

The following considerations shall be made with regard to expanding the sewer service areas:

A location may be considered for addition to the limited service areas as infill development provided that:

1. The location is both adjacent to and limited to an area within 400' of an existing (July 1, 1991) public sewer, and
2. The location is a lot, or portion of a lot, that is an unimproved lot of record less than 35 acres as of July 1, 1991.

7. Discourage additional urban growth to avoid the need and cost of additional public services, and the deteriorating effect of urban runoff on lake and river water quality.

D. COMMERCIAL DEVELOPMENT POLICIES

    Objectives

• To consider home-based businesses, as well as limited, small commercial development compatible with rural and residential areas, consistent with the objective of preserving the rural character of the town. Limited, small commercial development should generally provide goods and services needed in the Town.
• To avoid after-the-fact commercial rezones due to non-compliance with the Dane County Zoning Ordinances and/or non-compliance with the Town Land Use Plan.
• To not allow any major commercial development in the town.
• To allow warehouses only on existing commercially zoned sites.
• To protect the agricultural land, environment and roadway capacity in the town.
• To avoid expenditure of public funds or incurring municipal debt for the provision of municipal services (police and fire protection), usually associated with commercial and industrial development.
• To consider commercial rezoning requests only for specific development plans.

Policies

1. Agribusiness uses will be considered only if:

1. A rural location is required to serve farms.
2. The proposed agribusiness must be in proximity to a resource.
3. No prime agricultural land is used.
4. Wastewater can be adequately handled with a soil absorption system.

Comment: There may need to be conditions or restrictions placed on any rezoning to ensure that the objectives are achieved.

2. Non-agriculture commercial uses will be considered if they are limited to small businesses that do not require use of prime agricultural land.

1. Proposals using town roads for access will be limited to small contractors, vehicle storage, and limited outdoor storage with the following conditions:

1. Minimal or no conflict with neighbors.
2. Septic tank system limited to size for one-bedroom house.
3. Service offered is one generally needed in the town.
4. Minimal land area necessary for the use to be rezoned.
5. Trucks and equipment will be limited to a total of six units.
6. Weight limit will be 20 tons per vehicle.

2. Proposals using county trunk highways for access will be limited by size, intensity of use, and location with the following conditions:

1. Retail and highway services will only be considered at the I-90/CTH N interchange where compact, convenient, and highway-oriented businesses may be allowed. Due to existing development and access controls, any additional development may be required to make joint use of access points. The alternative is construction of frontage road. The town will not expend public funds for construction of such frontage roads or other public services.
2. Other small commercial development may be allowed along CTH N near the I-90 interchange with the following conditions:

1. Maintenance of the rural character objective will be an important consideration when considering any type of development or expansion.
2. Commercial properties will be regulated with conditional zoning.
3. The use will be limited to on requiring a septic system no larger than one required for a single-family home.
4. Access will not adversely affect the traffic capacity of CTH N.
5. Truck and equipment will be limited to twelve units total.

Comment: Due to other allowable uses in limited commercial and other commercial zoning districts, each rezoning will probably require conditional rezoning to set the specific limits. This allows the town a review of successive uses.

Comment: While acknowledging some legitimate places for small businesses in rural areas, the town does not intend to be urbanized or provide urban services. Therefore, the policies are designed to limit the size, intensity, and location of the uses. The conditional rezoning provision will be used to set specific limits on the use. When businesses grow, they are expected to move to appropriately served urban service areas, since the town intends to remain rural.

3. Signage for all commercial use and home-based businesses in an agricultural preservation area shall be compatible with the rural character of the town.

E. RECREATIONAL DEVELOPMENT

Objectives

• To allow recreational development that is compatible with rural and agricultural areas and consistent with the objectives of preserving the rural character of the town.

• To limit certain recreation development (campgrounds and camping resorts) to existing facilities with no provision for expansion or new developments of this type.

Policies

1. Requests for recreational development will be required to submit a site plan of their proposal as well as a written request addressing the concerns noted below.
2. Such uses may be allowed if limited to:

1. Those areas having less productive farmland.
2. Those areas with minimal impact on farming operations.
3. Those uses with minimal construction development, thus allowing future re-use as farmland.
4. Those uses and locations having a minimal effect on existing nearby uses.
5. Locations that have direct access to state or county highways. If town roads are involved, the applicant must demonstrate minimal impact to neighbors. If the town road requires improvements, the applicant will be asked to pay for his share of such improvement.
6. A size of area and magnitude of operation which protects the rural atmosphere and scenic beauty of the town.
7. Service facilities appropriate to the proposed use and to rural location.

Comment: We recognize that there may be requests for land extensive activities in agricultural areas, such as golf courses, horse boarding stables, horse riding stables (rental of horses), and other recreational uses requiring rezoning.

6. INDUSTRIAL DEVELOPMENT (See Definitions)

Objective

• To limit industrial development to that which supports existing agricultural activities with adversely affecting either the rural or residential character of the town or the natural environment.

Policies

1. To require that industry, in general, be served by public utilities (sewer, water).
2. To steer industrial development to pre-existing industrial parks in other municipalities, i.e., Stoughton, McFarland, Madison.
3. To require industries that are rural oriented to be located near raw materials and not produce significant wastes.
4. To discourage isolated industrial development in agricultural or residential areas where it may result in environmental degradation.

G. ENVIRONMENTAL PROTECTION

Objective

• To recognize and respect the natural environment as an irreplaceable resource and to insure that its use does not impair its value to future generations.

Policies

1. Guide the location of development in order to minimize potential adverse impacts on the quality of ground and surface waters.
2. Encourage use of natural drainage patterns in development designs to entrap pollutants before reaching important surface waters such as Lake Kegonsa and the Yahara River.
3. Preserve the role of wetlands and woodlands as essential components to ground and surface water systems as well as wildlife habitat.
4. Protect shoreland-wetland and floodplain areas and emphasize their value to the community as focal points of natural beauty and recreation.

8. MINERAL EXTRACTION

• To require that resource extraction activities are of benefit to the townspeople and that negative effects on the environment and adjacent land uses are minimized, as provided by these standards:

Policies

1. Ensure that the establishment, maintenance, or operation of the conditional use permit for mineral extraction activity will not be detrimental to or endanger the public health, safety, comfort or general welfare.

Comment: Generally, the impact upon houses near a proposed site has been considered. However, the town intends to consider all relevant plan policies in the deliberation, such as the area and quality of farmland to be lost in the operation. If the site cannot meet this standard under any conditions, it should be denied approval.

2. Ensure that the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance, or operation of the conditional use. To ensure this protection, the town will consider a specific limit for the extraction activity related to surrounding uses. The town will recommend such a limit as a condition of approval of the extraction permit.

Comment: Application of this standard protects the interests of land uses already established in the area. While the primary interest is for housing and business, agricultural, environmental, recreation, and other values will also be considered.

3. Ensure that the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

Comment: This standard seeks to protect future development of the surrounding area. For instance, allowing a mineral extraction site in an area planned for residential development probably would impede normal and orderly development. However, if a site was approved with limitations on the quantity of material to be extracted during a specific time period, as part of a well-designed restoration plan, it may actually enhance future development of the surrounding area.

4. Ensure that adequate access roads, drainage, and other necessary site improvements have been or are being provided.

Comment: Generally, criteria such as road access, dust control, vehicle tracing, extra wear on public roads and impact on drainage will be considered. The site plan will be reviewed to assess where and how required improvements should be provided. There may need to be various provisions for the extraction operation in addition to the restored use of the site. For instance, if a site is to be dewatered for the mining operation, a condition providing for the adequate drainage for that pumped water will be necessary.

5. Ensure that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

Comment: This standard concerns the safe movement of trucks and equipment on and off town roads, county roads or state highways. The site plan will be reviewed for safe access points. Depending on other traffic along these roadways, conditions such as hours of operation, additional safety precautions, or alternate routes may be considered.

6. Ensure that the mineral extraction or related activity shall conform to all applicable regulations of the district in which it is located.

Comment: This limits other uses beyond the mineral extraction, such as hot blacktop mix and ready-mix concrete operations, which would require separate permits. It is also related to certain uses that are allowed only in other zoning districts, such as commercial truck repair or sales.

Certified Survey Map: A drawing meeting all of the requirements of Section 236.34 of the Wisconsin Statutes which is the map or plan of record for a land division.

Commercial Development: Development for retail sales and services. Such uses include stores, service stations, eating places, and professional services. Note: the Dane County Zoning Districts C-1 and C-2 Commercial allow both commercial and industrial uses. Therefore, conditional rezoning will need to be used.

Condominium: Individual ownership of a structure or a unit in a multi-unit structure located on a commonly held parcel of land organized under Chapter 703, Wisconsin Statutes.

This is a form of joint ownership, which can range from single-family detached residences (structures) to a unit in a multi-family structure on a commonly held parcel of land.

Contiguous: As referenced in Dane County Zoning Ordinance as: Lots or parcels shall be considered contiguous if they share a common boundary for a distance of at least sixty-six (66) feet. Roads, navigable waterways and other public easements do not affect contiguity.

Density: High: Residential development at a density of four (4) housing units per acre within an urban service area (municipally associated).

Medium: Residential development at a density of approximately two (2) housing units per acre in the "rural development" and sewer service" areas of the plan.

Low: Residential development at an overall density of one (1) housing unit per 35 acres as described in the plan, with onsite sewage disposal within farmland preservation areas.

Density Unit: A density unit is a residence or other countable development permitted in the agricultural preservation areas under the density policy (see also Split)

Developed: A parcel/lot is developed when a house is completed and a certificate of occupancy has been issued.

Development: A developed tract of land, especially one that has houses built thereon.

Dwelling: 

1.  Single family dwelling. A building designed for and occupied exclusively as a residence for one (1) family.
2. Multiple family dwelling. A building designed or intended to be used by more than two (2) families living independently of each other.
3. Duplex family dwelling. A building designed to be occupied by two families living independently of each other.

Effective Date: The date of adoption of the Land Use Plan of the Town of Pleasant Springs into the Dane County Agricultural Preservation Plan.

Exclusive Ag Zoning: That land as defined as A-1 Exclusive Agricultural District under Section 10.123, Dane County Code of Ordinances.

Extraterritorial Jurisdiction: The unincorporated area within 1-1/2 miles of the corporate limits of a city of the fourth class or a village.

Floodplain: The land adjacent to a body of water that has been or may be hereafter covered by floodwater.

Industrial Development: Development for manufacturing businesses which process, manufacture or assemble various products. General categories of manufacturing include food and kindred products, textiles, lumber and wood products, paper products, printing and publishing, chemicals, petroleum, metals, instruments and other miscellaneous products. For purposes of this plan, wholesale trade is also included as an industrial use.

Land Division: A division of a parcel of land where the act of division creates less than five lots, parcels or building sites of 15 acres each or less in area (or 35 acres each or less in area if the Plan Commission does not waive the requirements for a certified survey map).

Limited Service Areas: Those areas identified on the Town Plan as most appropriate for residential development with sanitary sewer as the only urban service to be provided. Delineated as sewer service areas on the Plan Map.

Lot: A parcel of land occupied or intended to be occupied by one (1) building and its accessory building and uses, except as otherwise provided herein. A lot may be a parcel designated in a plat or described in a conveyance recorded in the office of the Register of Deeds. No land included in any street, highway or railroad right-of-way shall be included when computing area.

Navigable Waterway: Lakes, rivers, and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on U.S.G.S. Quadrangle Maps or other zoning base maps that have been incorporated by reference and made a part of the Dane County Zoning Ordinance in section 10.03.

Nonconforming Parcel: A parcel that existed prior to adoption of an ordinance that prohibits or restricts its use in some manner.

Original Farm Unit: Contiguous lands held in single ownership as of June 6, 1978.

Public Services: For the purposes of this plan, includes transportation facilities, police, fire protection, and other determined to be appropriate.

Rural Non-Farm Areas: Those areas identified on the Town Plan as the location of new or additional residential areas at rural densities.

Sewer Service Area — (see Limited Service Area)

Shoreland Area: All land in the unincorporated area of the town which are 1,000 feet from the normal high water mark of any lake, pond or flowage listed in Surface Water Resources of Dane County published by the Conservation Commission, 1961; and all lands which are 300 feet from the normal high water line or to the landward side of a floodplain of the navigable reaches of rivers and streams.

Single Ownership: contiguous parcels owned by one individual or by a married couple, partnership, or corporation including that individual.

Soil Related Definitions of Agricultural Land:

1. Prime farmland is land best suited for producing food, feed, forage, fiber, and oilseed crops, and also is available for these uses. (The existing land use could be cropland, pastureland, rangeland, forest land, or other land, but not urban built-up land or water.) It has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modern farming methods.
2. Farmland of Statewide Importance is land in addition to prime and unique farmlands that is statewide importance for the production of food, feed, fiber, forage, and oilseed crops.
3. Map entitled "Soil Productivity Classification" (last map in this report) was prepared using these definitions and soil types lists as prepared by the USDA Soil Conservation Service.

Split: A split is a residence or other countable development permitted in the agricultural preservation areas under the density policy (see also Density Units)

Strip Development: The development of a series of commercial or residential land uses generally one lot deep along a road or highway, with each use usually requiring an access to the road.

Subdivision: A division of a parcel of land where the act of division creates:

1. Five or more lots, parcels or building sites of 15 acres each or less in area; or
2. Five or more lots, parcels or building sites of 15 acres each or less in area by successive divisions within a period of five years.

Subdivision Ordinance: Town of Pleasant Springs Ordinance 11.01 governing land divisions and subdivisions.

Urban Service Areas (municipally associated): Those areas identified on the Town Plan adjacent to the City of Stoughton determined to be most suitable for new or additional development at urban densities and providing the full range of public services.

Urban Services: Includes those services that should be provided in urban areas with particular emphasis on facilities on or in the land as a part of the development process such as sanitary and storm sewer, and water supply and distribution.

Warehouse: A structure or room for the storage of merchandise or commodities. Depending upon the zoning district, the Dane County Zoning Ordinance requires the warehouse or storage area to be incidental to the permitted use on the premises (B-1 and C-1) while the C-2 District provides for warehouses as a permitted use or the primary use of the premises.

Wetland: Land areas characterized by high water table, the presence of surface water at any time during the year, predominantly organic soils and aquatic vegetation.

Woodlands: Areas shown on the "Woodlands Map" at the end of the report were derived from aerial photos and U.S. Geological Survey Maps. The map shows how this resource is related to other physical and cultural features.