14.02.040 Land suitability.
Lands shall not be divided that are determined to be unsuitable for such use by the County zoning committee or town board 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 or occupants of the proposed land division, or the County or town, or poses an imminent harm to the environment. In addition:
(1) Lots served by public sanitary sewerage facilities shall contain at least the minimum required lot area, as specified in the County zoning district regulations, outside of the 1 percent annual probability (100-year recurrence interval) flood as identified by the Federal Emergency Management Agency (FEMA) and be contiguous to lands outside of the floodplain limits. Where such data is not available, the floodplain elevation shall be determined by a professional engineer or professional land surveyor and the sealed documents be reviewed and approved by the County engineer.
(2) Lots served by a private onsite wastewater treatment system (POWTS) shall contain at least 40,000 square feet of land outside of the 1 percent annual probability flood as identified by FEMA and be contiguous to land outside of the floodplain limits. Where such data is not available, the floodplain elevation shall be determined by a professional engineer or professional land surveyor and the sealed documents be reviewed and approved by the County engineer.
(3) Undeveloped lands that access or would access existing streets located within the 1 percent annual probability floodplain may not be subdivided for residential, commercial, manufacturing, or institutional uses unless an alternative access is provided to streets located outside of such floodplain or meet the provisions of Section 14.07-4(j) of this Ordinance or the floodplain provisions in the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance.
(b) Lands Altered or Filled shall not be divided into building sites which are to be served by POWTS except where soil tests performed by a certified soil tester clearly show that the soils are suited to such use. Soil reports shall include, but need not be limited to, an evaluation of soil permeability, depth to bedrock, soil compaction and depth to groundwater or seasonal water table determined by using redoximorphic features or other methods approved by the governing agencies having jurisdiction. To accomplish this purpose, a minimum of one test per acre shall be made initially where in situ soils or altered sites dictate such frequency. The town or County does not guarantee, warrant, or represent that the required samples represent conditions on an entire property and thereby asserts that there is no liability on the part of the town or County board, its agencies, agents, or employees for sanitary problems or structural damages that may occur as a result of reliance upon such tests. The POWTS evaluation requirements specified herein shall be followed and any additional relevant requirements specified in Chapter 15, “Kenosha County Sanitary Code and Private Sewage System Ordinance,” of the County municipal code.
(c) A Soil and Site Evaluation shall be required, or an evaluation as determined by the POWTS regulatory staff (i.e. County Sanitarian), for any lands proposed to be divided that contain an existing POWTS installed before July 1, 1980, and/or is intended to continue operation in order to establish and designate a replacement area for a future POWTS, other than or except a holding tank. The evaluation report shall include a soil test at or near the existing POWTS. Such existing POWTS, including holding tanks, that will continue to serve an existing structure and is a part of or a remnant parcel of a subdivision plat or certified survey map shall be evaluated by a Wisconsin licensed master or master restricted service plumber or POWTS inspector to document compliance with the requirements of Chapter SPS 383 of the Wisconsin Administrative Code. The evaluator shall provide to the POWTS regulatory staff a written report regarding its compliance. Any POWTS found not to be in compliance with Chapter 383 or other sections or chapters of the Wisconsin Administrative Code governing POWTS shall be in violation of Chapter 15 of the County municipal code and must have a Sanitary Permit issued for a replacement POWTS prior to or at the time of application submittal to the County for a land division approval. The County will issue orders and require the owner/subdivider to enter into an installation agreement with the County as part of the land division application. The owner/subdivider must install the permitted replacement POWTS within one (1) year from the date of Sanitary Permit issuance. The use of holding tanks to serve proposed land divisions for new residential development is prohibited in accordance with the provisions in Chapter 15 of the County municipal code.
(d) Lands Having a Slope of 12 percent or more may be required by the County zoning committee or town board to be maintained in natural open uses. Lots shall have at least its minimum required lot area or 20,000 square feet, whichever is less, in slopes of less than 20 percent. Proposed POWTS area shall have slopes of 25 percent or less and, if the absorption area for POWTS contains slopes exceeding 18 percent, there shall be sufficient available area for both a primary and replacement POWTS absorption area. Where in situ soils exist and land slope reduction or modification (i.e. shaping, grading, cutting, filling, or other alteration from existing conditions) is proposed in the POWTS area, a soil test (morphological evaluation) shall be conducted to determine that sufficient suitable in situ soils remain for a proposed inground or subsurface POWTS system. The proposed use of pretreatment devices for POWTS shall not be allowed as an alternative or used in lieu of meeting the in situ soil standards stated in this Ordinance. The slope and altered area shall provide sufficient topography alteration to prevent surface or subsurface water ponding which may adversely affect the POWTS performance. Surface designed POWTS may be prohibited on such described soils.
(e) Lands Having Bedrock within 7 feet of the natural undisturbed surface shall not be divided into building sites to be served by POWTS, unless the sites are compliant with standards set forth in Chapter 15 of the County municipal code, Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, and the Wisconsin Department of Safety and Professional Services (SPS) most recent edition of POWTS design component manuals. The minimum depth of suitable soil over bedrock must comply with the specifications set forth in Table 383.44-3 of Chapter SPS 383, or any amendments or replacements thereto. The depth of soil required over bedrock will be dependent on soil texture, soil structure, and the quality of the influent entering the proposed soil dispersal area. The land division layout shall permit the infiltrative surfaces of dispersal cells to be located at least 36 inches above bedrock.
(f) Lands Having Permanent Groundwater and/or Seasonal Water Table (as determined by redoximorphic features or other approved methodology) within 7 feet of the natural undisturbed surface shall not be divided into building sites to be served by POWTS unless the sites are compliant with standards set forth in Chapter 15 of the County municipal code, Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, and the SPS most recent edition of POWTS design component manuals. The minimum depth of unsaturated soil above seasonal groundwater must comply with the specifications set forth in Table 383.44-3 of Chapter SPS 383, or any amendments or replacements thereto. The land division layout shall permit the infiltrative surfaces of dispersal cells to be located at least 36 inches above the highest groundwater elevation as estimated utilizing soil redoximorphic features. At least 6 of the 36 inches of soil separation required shall be comprised of an in situ (original or natural glaciated form) soil type for which soil treatment capability is credited under the aforereferenced Table. Seasonal soil saturation shall be assumed to reach the ground surface where redoximorphic features are present within 4 inches of the bottom of the “A” horizon. Soils meeting this “A + 4” criteria shall contain at least in situ soil formed in place, as described above, and at least 4 inches of unmottled soil of a “B”, “E”, or “ C” soil characteristic horizon directly below the in situ “A” horizon or non-redoximorphic features.
(g) Land Covered by Soils Having Coarse Textures such as sand, course sand, loamy sand, and loamy coarse sand with more than 35 percent coarse fragment content shall have “described” soils of 5 or more feet below proposed POWTS elevation. The described soils shall not contain limiting characteristics other than coarse fragment quantity to be deemed acceptable for POWTS. When at surface POWTS are proposed on the aforementioned soils and soil conditions, the in situ surface soils must remain unaltered to preserve site suitability for accommodating a POWTS. A percolation rate slower than 120 minutes per inch or a soil load rate of less than 0.20 gallons per square foot per day shall not be divided into building sites to be served by POWTS unless compliance with Chapter 15 of the County municipal code, Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, and the SPS most recent edition of POWTS design component manuals can be demonstrated. The use of pretreatment devices in a POWTS design to make a proposed land division site suitable for POWTS in lieu of the site meeting the abovementioned soil standards shall be prohibited.
(h) Lands Drained by farm drainage tile or farm ditch systems shall not be divided into building sites to be served by POWTS unless compliance with Chapter 15 of the County municipal code, Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, and the SPS most recent edition of POWTS design component manuals can be demonstrated.
(i) The County Zoning Committee or town board, in applying the provisions of this Section, shall in writing recite the particular facts upon which it based its conclusion that the land is not suitable for a proposed use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter, the Committee or town board may affirm, modify, or withdraw its determination of unsuitability. [Code § 14.02-4, 2018.]