TOWN OF RIVER FALLS: ORDINANCE NO. 2009-1

An Ordinance to revise Sections 17.065(3)(b) of the Code of General Ordinances of the Town of River Falls (Building Restrictions on Soils Classified as Prime Farmland or Important Farmland).

Upon recommendation of the Plan Commission, and pursuant to notice as provided by law, the Town Board of the Town of River Falls does hereby ordain as follows:

Section 1. Section 17.065 (3)(b) is hereby amended to read as follows:

(3)(b) BUILDING RESTRICTIONS ON SOILS CLASSIFIED AS PRIME FARMLAND OR IMPORTANT FARMLAND.

(1) Natural Resources Conservation Service (NRCS) Digital Soil Survey adopted. The NRCS Soil Survey and definitions, and all amendments thereto, is adopted and incorporated by reference and shall apply to the placement, location and erection (i.e., the “siting”) of all non-farm buildings.

(2) All non-farm buildings shall be sited on or touching “Not Prime Farmland” as identified and located in the latest NRCS Web Soil Survey of the Town unless the Town Board of Supervisors has granted Alternate Site Approval. Alternate Site Approval may be granted by the Town Board if the alternate site is “Farmland of Statewide Importance” (Class 3); and if the driveway length is reduced by a least fifty percent (50%); or, if utilization of an otherwise compliant site would require crossing a permanent stream or traversing an existing forested area; or if the compliant site is in excess of 20% slope; or use of the compliant site would result in disturbance of soils defined as “Prime” and the alternate site would not.

Where an alternate site has replaced a compliant site, the otherwise compliant site cannot be used as a site for non-farm buildings.

(a) Application for Alternate Site Approval shall be made to the Town Zoning Administrator and reviewed by the Town Plan Committee which shall formulate a recommendation prior to Town Board consideration.

Application shall be made on forms provided by the Zoning Administrator and shall contain the following:

(1) Name and address of owner.

(2) NRCS Soil Survey Map of compliant site and proposed alternate site.

(3) An accurately drawn plot plan that shows the entire parcel including present and proposed buildings.

(4) A narrative explaining why the proposed alternate site is superior to the compliant site.

(5) A non-refundable fee, in an amount which shall be established from time to time by the Town Board.

(3) If an attached deck or garage is used to achieve the requirements of Section 17.065(3)(b)(2) above, the footings for the deck or garage must be installed at the same time as the main structure.

(4) If an attached deck or garage is used to achieve the requirements of Section 17.065(3)(b)(2) above, the dimensions of this attachment cannot exceed the main floor of the main structure in length or width.

(5) In the event of a fire, storm or other non self-imposed casualty causing destruction or substantial damage to any single family dwelling house and/or garage existing in the Town prior to August 7, 2000, which damage or destruction is sufficient to render such dwelling house and/or garage uninhabitable, the owner or occupant of such dwelling house and/or garage shall be allowed to rebuild a dwelling house and/or garage, as the case may be, within 100 feet of the previous dwelling on said farm regardless of soil classification. The uninhabitable house and/or garage must be removed prior to reconstruction of the new dwelling house or garage.

(6) If an owner desires to replace an existing non-farm building located on soils classified as Prime Farmland or Important Farmland, the existing structure can be removed only after written approval by the Town Zoning Administrator. Where permission is granted by the Zoning Administrator to remove an existing structure, the existing structure must be removed prior to its replacement. When the non-farm building to be replaced is a dwelling, the Board may grant the owner or applicant a period not exceeding one hundred eighty (180) days to remove the existing structure following issuance of an occupancy permit for the new residence. The Board shall establish the date by which the removal must be completed in such instance. The new dwelling shall be within 100 feet of the old dwelling and meet current setbacks.

(7) If the owner or applicant can prove that a residence existed on Prime Farmland and/or Important Farmland prior to the establishment of this ordinance (such proof can be official records or remains of an existing residence) a non-farm building may be permitted by the Town Board on Prime Farmland and/or Important Farmland within 100 feet of the old structure. Such proof shall be presented to the Plan Commission for their recommendation to the Town Board. The overall permitted density of lots per quarter-quarter section as set forth in elsewhere in this Chapter is otherwise unaffected.

(8) Where an owner or applicant has obtained written dwelling site approval, subsequent changes in soil classification shall not result in cancellation or revocation of such site approval. Where written site approval is granted by the Town the approved site shall be considered one “lot” for purpose of establishing maximum density under Section 17.065(6).

(9) No site approval will be given under this subsection where the parcel upon which the proposed single family residence and/or garage is located if the parcel is under 15 acres in area, unless the parcel has a legal description established by Certified Survey Map or is a separate, pre-existing legal description with separate tax parcel number.”

Section 2. Section 17.01(3) is amended to add the following definitions thereto:

“Permanent Stream. A waterway shown on the Town of River Falls official “Floodplain and Shoreland Map” that requires a culvert or bridge of twenty-five (25) square feet or larger opening to meet the Township driveway standard 8.02(2)(g) “Access Roads and Driveways over Bridges and Culverts.”

“Forested Area. A grove of twenty (20) or more naturally occurring trees that are five (5) inches or larger in trunk diameter when measured four and a half (4.5) feet from the ground.”

“Farmland. Includes all soils classified by the NRCS (Natural Resource Conservation Service) regardless of current or previous use.”

Section 3. This ordinance shall take effect upon passage, approval by the Pierce County Board of Supervisors and Publication as provided by law.

Passed and adopted this 16th day of March, 2009.

03/26/09

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