"LAND USE PLAN � TOWN OF MERTON"
CHAPTER 8 LAND USE ELEMENT Town of Merton 8-1 INTRODUCTION A long range Land Use Plan, in order to be sound and realistic, must be based on careful consideration of existing land use patterns, the physical characteristics and limitations of the land itself and the long-term needs of the community. The Plan should take into account the local land use objectives and be supported and implemented by well-conceived land use control ordinances. The 1995 and 2000 inventories of land use, in the Town of Merton, prepared by the Southeastern Wisconsin Regional Planning Commission (SEWRPC), were chartered and analyzed. During the plan preparation process, data and planning standards and objectives from previous chapters were used to prepare the land element. The Town of Merton is still a rural community experiencing suburban and rural residential development. Agriculture and single family residential are the predominant land uses. The major source of real estate tax in the Town is residential and commercial. SEWRPC’s Land Use Inventories prepared between 1963 and 1995, classified urban-type land uses as being residential, retail service, manufacturing, transportation, communications and utilities, public uses, and recreational. The rural type land uses in those inventories, were agricultural lands, wetlands, woodlands, surface water, extractive, landfill, unused rural lands and unused urban land. In 2000, the “other” category of land use was expanded to include extractive, landfills, and unused land. EXISTING LAND USE The 2000 existing land uses in the Town are shown on MAP VIII-1. The amount of land devoted to each category of land use in 2000 is set forth in Table VIII-1. The total area of the Town is approximately 18,013 acres, or 28.26 square miles. In 2000, urban land uses accounted for approximately 4,869 acres or 27% of the land in the Town exclusive from that which is located within the Villages of Chenequa, Merton, and Hartland. Rural land uses, which include water, wetlands, woodlands, and agricultural lands, as well as open lands, accounted for approximately 13,142 acres or 73% of the Town lands. Several important features relative to the character of the Town can be observed and examined on Map VIII-1 and Table VIII-1. The largest single category of land use in the Town remains agricultural at 6,896 acres or 38.3% of the land use in the Town. The second largest category of land use in the Town is residential at 3,271 acres, 18.2 %, of the land use in the Town. Residential development comprises 67% of all the area classified as urban in the Town of Merton. The residential development is mainly subdivision development with scattered, overall low-density development, and is not generally characterized as urban due to its overall low density. The third largest category of land use in the Town is woodlands, 1,987 acres, and fourth largest, surface water (lakes), 1,613 acres, followed by wetlands with 1,265 acres. URBAN LAND USES The Urban Land Use category includes residential, commercial, industrial, transportation, communication, and utilities, governmental and institutional, and recreational. In 2000, urban land uses accounted for about 4,869 acres or about 27.1% of the land in the Town. Of all the elements of the community Land Use Plan, the portion of the Plan that tends to have the greatest impact on the community is residential land use. The reasons for this are the service demands generated by the resident population for such services of schools, roads, police and fire protection, and the ever-increasing monetary requirements necessary to fund those services. The residential land use element of the land use plan seeks primarily to provide safe, attractive, and comfortable settings for residential development. Given its dominant community impact, careful and thoughtful consideration of residential land use is important to a successful plan. Town of Merton 8-2 In 1995, residential land use accounted for 2,432 acres of land or about 64% of the total developed land (urban) area in the Town, but only about 13.5% of the total area of the Town. In 2000, residential land use accounted for 3,271 acres or 18.2% of the total area of the Town, an increase of 839 acres in the residential land use area. A review of the platting activity in the Town, as shown in Table VIII-2, 1960 and 2004 indicates that a total of 1,182 lots were created by subdivision platting. Between 1961- 1970, 7 new subdivision plats were recorded for a total of 243 lots. In the period 1971-1980, 12 new subdivisions were recorded with 257 lots, 1981-1990, 7 new subdivisions were platted with only 128 lots created. In the current decade between 1990- 2000, 28 new subdivisions or additions to existing subdivisions were platted creating 440 new lots in the town. Between 2000 and 2004, 5 new subdivisions have been platted as of this plan for a total of 92 new lots; Mason Creek (22 lots) has not been included in the 2004 subdivisions because it had not been recorded. During the period, 1990-2000, the Subdivision and Platting Ordinance required that developers consider the Residential Cluster Development Design to promote innovative development, a more desirable use of the site, while preserving and creating environmentally sound aesthetically pleasing and economically viable developments. Between 1996 and 2004, of the 21 subdivisions platted, 13 used the Residential Cluster Development, creating smaller lots with large aggregated open spaces and preservation areas. The above information presented dealt with lots that were created by recording subdivision plats as defined in Chapter 236 of the Wisconsin State Statutes, however, this does not include metes and bounds descriptions or Certified Survey Map (CSM) land divisions. Those additional lots further increase the amount of land needed for residential use. Since 1990, 103 new lots were created by CSM, adding to the lots created by subdivision platting for a total of 543 lots created between 1990 – 2000. Residential development occurring on certified survey parcels varied in size from 3 acres to 10-acre parcels. Another indication of how the Town is developing is the number of Residential Building Permits issued. Between 1990 and 2000, building permits for 728 new residential living units; 24 commercial; and 1,471 remodels were issued. A number of the remodels are happening on the lots on the lakes in the Town of Merton where smaller summer cottages are being replaced by new, larger year round homes. However, between 2000 and 2008 there were only 345 building permits issued 2000 –2008 or an average of 38 permits per year. Other Urban Land Uses According to SEWRPC’s Land Use Inventory, which was completed in 2000, other urban land uses which consist of commercial, industrial, transportation, communication/utilities, governmental and institutional and recreational account for 33% of the urban land use acre, but only 9% of the total area of land uses in the Town. Commercial, Industrial Land Use The commercial uses in the Town tend to be concentrated in the Stone Bank, North Lake, and Monches area and account for less than 42 acres in total based on the existing land use information from SEWRPC. A number of conditional use permits exist on scattered sites throughout the Town, some of which can be characterized as commercial in nature. Industrial land uses in the Town totaled about 25 acres of land with an additional 43 acres devoted to quarry uses. As of 2000, there remains one active quarry in the Town Of Merton. The single remaining major site, North Lake Sand and Gravel lies immediately north of North Lake and is a significant supplier within the region. Transportation and Utility Land Uses In the Town of Merton transportation and utility land uses totaled 1,000 acres in 2000. Within this category are all transportation related uses, which consist primarily of the surface highway network system and off street parking in the Town, and utility and communication land uses. The highway network system in the Town totals about 81.97 miles, 11.97 miles of which are designated arterials, and 70 miles are designated non-arterial, collector and local access roads. Town of Merton 8-3 Arterial roads The primary function of the arterial street is to provide for the expeditious movement of through traffic, into, out of, through, and within the community. These streets connect and serve such land uses as major commercial centers, industrial and business parks, college, and regional parks. Direct access to abutting properties is limited. These streets would include state and county highways. Collector roads are those which serve local intercommunity needs connecting neighborhoods and other generators of traffic with each other. Collector roads should be carefully located to frame the development while the local access road network delivers the internally generated subdivision traffic to a few safely designed points of intersect with collector roads. The primary function of the collector street is to collect traffic from land uses abutting local access streets and to convey it to streets and/or activity centers Local access streets provide access to individual properties, such as subdivision lots. The primary function of the local access street is to conduct traffic to and from individual building sites. These streets are designed for low speeds, minimal traffic control signals, and limited through traffic. Governmental and Institutional Land Uses In the Town of Merton about 209 acres of land are in the governmental and institutional land use category. These uses include the Town Hall, recycling center, and garage located east of STH 83 in North Lake, nine schools, churches, cemeteries, the Stone Bank and North Lake Fire Stations. Public Schools The Town of Merton is served by nine school districts; Arrowhead Union High School District and eight elementary schools districts. The Arrowhead Union High School recently purchased 40 acres in the Town of Merton in anticipation of future school needs based on increasing enrollment. Table 23 represents the historical enrollment of the nine school districts serving the Town of Merton from 1989 – 2004. Arrowhead Union High School District Hartland/Lakeside Schools Lake Country Elementary School Merton Primary/Intermediate Schools North Lake Elementary School Oconomowoc K-12 School Richmond Elementary School Stone Bank Elementary School Swallow Elementary School Park and Recreational Land Uses Park and Recreational Land Uses in the Town of Merton totaled about 324 acres according to the Southeastern Regional Planning Commission figures. Larger open areas identified as primary environmental corridors may be identified as PEC or open lands. The Waukesha County Park System presently has a fully functioning county park in Section 31 called Nashotah Park and another area of future park development in the Monches area along the Oconomowoc River and 24 acres within the Oconomowoc River Conservancy. Trail oriented recreational land uses in the Town include both the Bugline Trail terminus at Merton Village and the Ice Age Trail, both of which are identified in the Waukesha County Board Adopted Regional Land Use Plan for the Year 2010. That plan proposes that the Ice Age Trail continue to be maintained as an intercounty trail system connecting both the northern and the southern units of the Kettle Moraine State Forest. It encompasses areas of scenic, historic, and other culturally invaluable features and provides opportunities for a variety of non-motorized, trail oriented outdoor recreational experiences including hiking, horseback riding, nature study, and cross country skiing. As of 2004, the Town owned 8 park and open space sites encompassing 87 acres. Other public and privately owned park and open space sites are scattered throughout the Town, including Stone Bank Community, North Lake Fireman’s Park, Camp Whitcomb, Valley Rod & Gun Club. Town of Merton 8-4 RURAL LAND USES The rural land use categories discussed in this section include surface waters, wetlands, woodlands, agricultural and other open land. The agricultural and open lands category includes croplands, pastures, orchards, nurseries, farm buildings, and unused lands. In 2000 rural land uses totaled about 13,142 acres or 78% of the Township. The existing rural land uses in the Town in 1995 - 2000 are shown in Table VIII-2. Due to more precise cadastral mapping by SEWRPC, 2000 existing land uses reflects a more accurate acreage of each land use category. Surface Waters, Wetlands, and Woodlands In 2000 surface waters totaled 1,613 acres or about 9% of the total area of the Town. This category includes all inland lakes, streams, and rivers. The major surface water areas are shown in Chapter 3, with named lakes and ponds in Merton listed. Wetlands accounted for 1,265 acres of land in 2000 (7%), and woodlands accounted for another 1,987 or 11% of the total land in the Town. Agricultural and Open Lands Agricultural land uses are the largest single land use classified in the Town of Merton and comprise 6,896 acres or 38.3% of total lands. The Agricultural and Other Land Use category include all prime as well as non-prime agricultural land, including croplands, pasture lands, orchards, nurseries, and agriculturally related farm buildings. POPULATION, HOUSEHOLD AND EMPLOYMENT PROJECTIONS Year 2035 Projections Chapter 2 of this Plan provides a more detailed description of the trends associated with population, household and employment change in the Town and County. The methodology and assumptions that underlie the new population, household, and employment projections, along with the projections themselves are fully documented in SEWRPC Technical Report No. 10 (4th Edition), The Economy of Southeastern Wisconsin and in SEWRPC Technical Report No. 11 (4th Edition), The Population of Southeastern Wisconsin. These two reports were prepared in tandem to ensure consistency between the Commission’s long-range population, household, and employment projections. As indicated in Chapter 2, based on the methodology and assumptions presented in the afore-referenced technical reports, the intermediate growth scenario for population, households and employment will be used to make projections to the plan design year of 2035. Population Projections The intermediate projection envisions that the Town of Merton population would increase by 2,578 persons, or 32 percent, from about 7,988 persons in 2000 to 10,546 persons in 2035. Household Projections The intermediate projection envisions that the number of households in the Town would increase by 643, or 22 percent, from 2,932 households in 2000 to 3,575 households in 2035, the same projection envisioned under the SEWRPC adopted year 2035 Regional Land Use Plan. The intermediate projections envision an increase in the number of households, however as detailed in Chapter 2, the household sizes in the County are projected to continue to decline from an average of 2.63 persons per household in 2000 to 2.50 persons per household in 2035. The Town of Merton has based their household projections on an average of 2.95 persons per household. Employment Projections The intermediate projection envisions total employment of 347,200 jobs in the County in 2035, an increase of 76,400 jobs, or 28 percent, over the 2000 level of 270,800 jobs. In the Waukesha Lake Country Planning area of which the Town is part of, this area is projected to see an increase of 44,900 new jobs or a 42.5% increase to 2035. Town of Merton 8-5 TABLE VIII-1 EXISTING LAND USEs TOWN OF MERTON, 1995 – 2000 Existing Existing Existing Land Use Land Use Land Use 1990 1995 2000 % of Total % of Total % of Total 2020 Land Use Category Acres Total Acres Total Acres Total Urban Residentiala 2,066 11.2 2,432 13.5 3,271 18.2 a Commercial 42 0.2 47 0.3 40 0.2 a Industrial 25 0.1 17 0.1 25 0.1 Transportation, Communication, and Utilitiesa 813 4.4 867 4.8 1,000 5.6 Governmental and 156 0.9 158 0.9 209 1.2 Institutionala Recreationala, b 214 1.2 300 1.7 324 1.8 Total 3,316 3,821 4,869 Rural Agricultural 9,134 49.6 7,950 44.0 6,896 38.3 Wetlands 1,228 6.7 1,231 6.8 1,265 7.0 Woodlands 1,966 10.7 1,913 10.6 1,987 11.0 Surface Water 1,611 8.8 1,611 8.9 1,613 9.0 c Other 1,142 6.2 1,536 8.5 1,381 7.7 Total 15,061 14,241 13,142 Total Area 18,397 100.0 18,062 100.0 18,011 100.0 Source: Southeastern Wisconsin Regional Plan Commission 2000 Land Use Inventory Note: As part of the regional land use inventory for the year 2000, the delineation of existing land use was referenced to real property boundary information not available for some of the 1995 and prior inventories. This change increases the precision of the land use inventory and makes it more useable to public agencies and private interests throughout the Region. As a result of the change, however, year 2000 land use inventory data may not be strictly comparable with data from the 1995 and prior inventories . The impacts of the procedural change on time series data vary from area to area. At the county level and for most sub-county areas, the most significant effect of the change is to increase the transportation, communication, and utilities category– the result of the use of actual street and highway rights-of-way as part of the 2000 land use inventory, as opposed to the use of narrower estimated rights-of-way in prior inventories. This treatment of streets and highways generally diminishes the area of adjacent land uses traversed by those streets and highways in the 2000 land use inventory relative to prior inventories. a Includes off-street parking areas with more than 10 spaces. b Includes intensively used area of public and non-public recreation sites. c Includes extractive, landfills, and unused land. Town of Merton 8-6 Map VIII-2 Existing Land Use in Waukesha County: 2000 Town of Merton 8-7 CURRENT AND FUTURE LAND CONFLICTS Although the Town does not have large areas of commercial or industrial land uses, there are some areas where adjoining land uses are not yet compatible. One area would be around the lakes where existing bars, restaurants, and parcels with multiple residential rental units next to residential uses. Although the non- residential uses have existed for many years, there is increasingly a conflict with single-family residences, noise, traffic and excessive lighting. Another type of land use conflict occurs around legal non-conforming land uses or where various conditional uses have been permitted. These non-residential uses, such as trucking, contractors, repair shops, small nursery operations, kennels generate traffic, heavy trucking and noise in adjoining residential areas. Some residents perceive a conflict between conventional subdivision developments and planned unit and conservation design developments with smaller lots, even though the overall density is the same or exceeds that of adjacent developments. To address this perception, provisions and additional information should be presented to increase the understanding of the planned unit development concept. See Map VII-1, Existing Land Use Waukesha County: 2000 Town of Merton 8-8 Table VIII-2 LAND USE PLAN IN THE TOWN OF MERTON - 2035 Planned Existing Planned Land Use Land Use Land Use 2020 (in Town 2020 2000 2035 Plan) % of Land Use Total 2020 Total % of Total % of Category Acres Total Acres Total Acres Total Urban Residentiala 3,271 18.2 4,415 24.5 5,892 33.6 Mixed Use 65 0.4 a Commercial 40 0.2 40 0.2 58 0.3 a Industrial 25 0.1 25 0.1 140 0.8 Transportation, Communication, and 1,000 5.6 1,000 5.6 384 2.2 Utilitiesa Governmental and 209 1.2 209 1.2 269 1.5 Institutionala Recreationala, b 324 1.8 324 1.8 639 3.6 Unused Urban Land Total 4,869 6,013 7,447 Non-Urban Agricultural 6,896 38.3 5,752 32.0 4,306 24.5 Wetlands 1,265 7.0 1,265 7.0 3,428 19.5 Woodlands 1,987 11.0 1,987 11.0 Surface Water 1,613 9.0 1,613 9.0 1,615 9.2 Rural & Open 1,381 7.7 1,381 7.7 612 3.5 Extractive 150 0.9 Total 13,142 11,998 10,111 Total Area 18.011 18,011 100.0 17,558 100.0 a Includes off-street parking areas with more than 10 spaces. b Includes intensively used area of public and non-public recreation sites. c Includes extractive, landfills, and unused land. LAND USE REGULATIONS Land development in the Town of Merton is regulated within the framework of zoning regulations, building codes, health and sanitation regulations, sediment and erosion control ordinance, and subdivision control ordinances and road standard requirements administered by a number of agencies. Land Uses are regulated either under the Town of Merton Zoning Ordinance or the Waukesha County Shoreland and Floodland Protection Ordinance. The Town Of Merton Zoning Code became effective in 1957 and initially covered all of the territory that comprises the Town of Merton. The existing zoning map is essentially an evolution of the initial zoning map prepared for the Town in 1957 with amendments through the intervening years. The Town Of Merton Zoning Ordinance has jurisdiction over all lands in the Town but shares the jurisdiction within shoreland areas with Town of Merton 8-9 the County Shoreland and Floodland Protection Ordinance where the more restrictive provisions takes precedence. The Waukesha County Shoreland and Floodland Protection Ordinance was subsequently enacted, on June 23, 1970, in response to the Wisconsin Water Quality Act in 1965. The Waukesha County Shoreland and Floodland Protection Ordinance applies to those lands which lie within 1,000’ of any navigable lake or pond and within 300’ of the ordinary high water mark of any navigable stream or river or to the landward side of the 100 Year Floodplain of any navigable stream or river where it is greater than 300’. Land division activities are regulated either under the Waukesha County Shoreland and Floodland Subdivision Control Ordinance within the Shoreland/Floodland jurisdiction or the Land Division Ordinance for the Town of Merton. Additionally, all land altering activities (grading and fill) other than those related to single family residential (1 and 2 family) construction are regulated under the Waukesha County Construction Site Erosion Control Ordinance. Health regulations regarding onsite sewage disposal systems, restaurant and food service facilities, and animal welfare concerns are regulated under the Waukesha County Code. Commercial, industrial, and institutional type buildings are further regulated under the requirements of the State Department of Industry, Labor and Human Relations and administered locally by the Town Building Inspector. Floodplain Zoning Section 87.30 of the Wisconsin Statutes requires that cities, villages, and counties, with respect to their unincorporated areas, adopt floodplain zoning to preserve the floodwater conveyance and storage capacity of floodplain areas and to prevent the location of new flood damage-prone development in flood hazard areas. The minimum standards, which such ordinances must meet, are set forth in Chapter NR 116 of the Wisconsin Administrative Code. The required regulations govern filling and development within a regulatory flood- plain, which is defined as the area subject to inundation by the 100-year recurrence interval flood event, the event which has a one percent probability of occurring in any given year. Under Chapter NR 116, local floodplain zoning regulations must prohibit nearly all forms of development within the floodway, which is that portion of the floodplain required to convey the 100-year recurrence peak flood flow. Local regulations must also restrict filling and development within the flood fringe, which is that portion of the floodplain located outside of the floodway that would be covered by floodwater during the 100-year recurrence flood. Permitting the filling and development of the flood fringe area reduces the floodwater storage capacity of the natural floodplain, and may thereby increase downstream flood flows and stages. It should be noted that towns in Waukesha County may enact floodplain zoning regulations which may be more restrictive than those in the Waukesha County Shoreland and Floodland Protection Zoning Ordinance. In 2007, floodplain ordinances were in effect in most parts of Waukesha County where flood hazard areas have been identified. The Villages of Chenequa, Eagle, Nashotah, North Prairie and Wales, do not have floodland ordinances. The Federal Emergency Management Agency (FEMA) and the Wisconsin Department of Natural Resources (DNR), in 2007, released preliminary drafts of new Flood Insurance Rate Maps (FIRMs) for Waukesha County. These maps not only serve to identify properties eligible for FEMA's Flood Insurance program, but also serve as the basis for county and municipal floodplain zoning ordinances. Based on the proposed FEMA floodplain maps, the Villages of Chenequa, Nashotah and Wales have certain areas within their boundaries which do have flood hazard areas. Shoreland and Shoreland Wetland Zoning Under Section 59.971 of the Wisconsin Statutes, counties in Wisconsin are required to adopt zoning regulations within statutorily defined shoreland areas. Shoreland areas are those lands within 1,000 feet of a navigable lake, pond, or flowage; or 300 feet of a navigable stream, or to the landward side of the floodplain, whichever distance is greater. Minimum standards for county shoreland zoning ordinances are set forth in Chapter NR 115 of the Wisconsin Administrative Code. Chapter NR 115 sets forth minimum requirements regarding lot sizes and building setbacks; restrictions on cutting of trees and shrubbery; and restrictions on filling, grading, lagooning, dredging, ditching, and excavating that must be incorporated into county shoreland zoning regulations. Town of Merton 8-10 In addition, Chapter NR 115 for Cities and Villages and Chapter NR 117 for Counties, requires that all wetlands five acres or larger within the statutory shoreland zoning jurisdiction area be placed into a wetland conservancy zoning district to ensure their preservation after completion of appropriate wetland inventories by the Wisconsin Department of Natural Resources. In 1982, the State Legislature extended shoreland- wetland zoning requirements to cities and villages in Wisconsin. Under Sections 62.231 and 61.351, respec- tively, of the Wisconsin Statutes, cities and villages in Wisconsin are required to place wetlands five acres or larger and located in statutory shorelands into a shoreland-wetland conservancy zoning district to ensure their preservation. Minimum standards for city and village shoreland-wetland zoning ordinances are set forth in Chapter NR 117 of the Wisconsin Administrative Code. In 2007, the Waukesha County Shoreland and Floodland Protection Ordinance was in effect in all unincorpo- rated areas of the County. Table VII-3 indicates 21 of the 25 Cities and Villages in the County had adopted shoreland-wetland zoning ordinances. Of the remaining four Villages, two, the Villages of Eagle and North Prairie, did not contain shoreland-wetlands and were thus not required to adopt such ordinances; two, the Villages of Lannon and Pewaukee, had not yet adopted such ordinances. The Waukesha County Shoreland and Floodland Protection Ordinance and 11 of the 19 local shoreland-wetland zoning ordinances have been approved by the Wisconsin Department of Natural Resources. Official Mapping and Highway Width Maps Official mapping powers, granted to local units of government under Section 62.23(6) of the Wisconsin Statutes, are an important but historically under-utilized plan implementation tool. An official map prepared under Section 62.23(6) can be used to identify precisely, the location and width of existing and proposed streets, highways, historic districts, parkways, railroad rights-of-way, waterways, public transit facilities, airports, and the location and extent of parks and playgrounds. The official map prohibits the construction of buildings and associated improvements on lands that are for future public use identified on the map. Under Section 80.64 of the Statutes, counties may adopt highway-width maps showing the location and width of proposed new highways and the widths of any highways proposed to be expanded. Such maps serve a function similar to local official maps, but with jurisdiction limited to streets and highways. By statute, a county highway-width map is in effect only in those municipalities, which act to approve it. Map xxxxxx-3 identifies “county map in force” where the municipality has adopted the Waukesha County Street and Highway width map in place of a complete official map. Extraterritorial Zoning Regulations The Statutes authorize cities and villages to adopt extraterritorial zoning regulations for adjacent unincorporated areas, in cooperation with the adjacent town, within three miles of a city of the first, second, or third class, and within 1.5 miles of a city of the fourth class or a village. A city or village can initiate preparation of an extraterritorial zoning ordinance and map at any time. Initiation of the extraterritorial zoning ordinance freezes existing zoning in the extraterritorial (town) area for two years, while the city or village and affected town or towns jointly develop an extraterritorial zoning ordinance and map. A joint committee made up of three representatives from the city or village and three representatives from each affected town is formed to develop the ordinance. The time period can be extended for one additional year at the end of the two-year period. CURRENT TOWN ORDINANCES REGULATING LAND USE Under the provisions of the above cited zoning ordinances, there are 15 zoning district classifications in the Town of Merton Zoning Code and 22 zoning district classifications in Waukesha County Shoreland/Floodland Ordinances, and fall under the broader categories of Conservancy, Agricultural, Residential, Commercial, Industrial, Public, and Quarrying. The Ordinances are intended to provide for adequate light, air, sanitation, drainage, erosion control, convenience of access, conservations of wetlands, safety from fire and dangers, promote the safety and efficiency of the public streets and highways, aid in the conservation and stabilization of the economic value of improvements in the community, preserve and promote the general attractiveness and the character of the community, guide the proper distribution and Town of Merton 8-11 location of population between and among the various suitable areas for development and otherwise provide for the healthy and prosperous growth of the community. The Zoning Ordinances and the Subdivision Control Ordinance, when properly linked to a Land Use Plan, are the chief implementing tools of the concepts set forth in the land use plan. ZONING ORDINANCES The Town of Merton Zoning Ordinance is administered by the Town of Merton, and the Waukesha County Shoreland and Floodland Protection Ordinance is administered jointly and cooperatively by the Waukesha County Department of Parks and Land Use – Planning and Zoning Division and the Town of Merton through the Town Board, Plan Commission, and Building Inspector. It should be noted that when Waukesha County reviews zoning projects and subdivision plats, the County must make decisions consistent with their Subdivision Control Ordinance, the Land Development Plan for Waukesha County, and Chapter 236 of the Wisconsin State Statutes. The Town likewise must make decisions consistent with their Subdivision Control Ordinance, the Land Use Plan and Chapter 236. Sewer Service Area Zoning While it is not generally a situation anticipated to occur on a wide scale in the Town Of Merton, sewer service may be extended in those areas within the refined sewer service area adjacent to the Village of Hartland and around the lakes. Language is set forth in each ordinance providing for a modified set of standards where sewer is available. The standards subject to modification include: lot area, width, offset, open space, floor area ration, and density standards within planned unit developments where sewer is available prior to occupancy of the residential units. Where employed, this factor permits a reduction to lot size, lot width, and offset of as much as 30% of the otherwise existing requirements which apply on a residential lot. Conditional Use Zoning A number of Conditional Uses have been authorized over the years, which permit the specific uses in a zoning district. The development must meet a certain select set of criteria that allows the use after a public hearing and literally subject to conditions that must be met and maintained. Various conditional uses in the Town include: nurseries, polo club, indoor riding arena, yacht clubs, multi-residential condominiums and a gun club to name a few. Conservancy Zoning Environmentally sensitive areas are appropriately mapped in the C-1 Conservancy district classification. The intent of both of these districts is to preserve and protect the natural resource base while granting reasonable uses to these lands. Lowland Conservancy Areas are, as mentioned, water-dependent situations which for the most part include DNR protected wetlands, marshlands, swamps, and those areas delineated within the 100 Year Floodplain. A deficiency in each of the Ordinances has been recognized with respect to the protection of Upland Conservancy Areas, which are not water-dependent, but which posses high valued elements of the natural resource base. Erosion Control and Stormwater Management The Town of Merton has a written intergovernmental agreement with Waukesha County to enforce the County Ordinance for construction site pollutant control and post construction storm water management, dated March 27, 2008. LAND DIVISION ORDINANCE (Subdivision and Platting Chapter 18) The division of land within the Town of Merton is regulated by the Land Division Ordinance for the Town of Merton which is Chapter 18 of the Municipal Code, which was originally adopted May 24, 1977. The Waukesha County Shoreland and Floodland Protection Ordinance was most recently amended in 2006 Town of Merton 8-12 having jurisdiction in the same areas as the Waukesha County Shoreland and Floodland Protection Ordinance. The Town’s Land Division Ordinance requirements are more restrictive that Section236 of the Wisconsin State Statutes, as it requires formal platting of lands when “a division of a parcel of land which results in 3 or more lots, outlots or residual parcels, each of 5 acres or less in area, either by division or successive division within a period of 5 years. It is the general intent of the Town of Merton Land Division Ordinance to lessen congestion, secure safety, prove the overcrowding of land, facilitate adequate provisions for transportation, water, sewage, drainage, schools, parks, playgrounds and other public requirements, prevent scattered development beyond the service area of the community facilities, conserve the existing and potential value of land, water, air and improvement; provide the best possible environment for human habitation and meet the public demand for adequate recreation with least disturbance to shoreland owners, preserve shoreland growth and cover, prevent erosion and sedimentation and protect surface and subsurface water quality, provide for the further division of larger tracts into smaller parcels of land and ensure adequate legal description and proper survey monumentation of divided lands and achieve the realization of those community development standards set forth in those comprehensive town plans, county plans, regional plans, plan components, zoning ordinances, building code and official map as adopted by the Town. The Town’s Land Division Ordinance requires Certified Survey Maps for all minor land divisions as does Waukesha County Shoreland and Floodland Subdivision Control Ordinances. Town of Merton 8-13 TABLE VIII-3 TOWN OF MERTON ZONING ORDINANCE DISTRICT CLASSIFICATIONS Zoning Description Where Applicable Specifics Districts C-1 Conservancy District Wetlands, floodlands, water No minimum dependent low lands EC Environmental Corridor 1 dwelling/5 acres A-1 Agricultural District Farming Areas; residential allowed 3 acre A-2 Rural Home District Farming Areas; residential allowed 3 acre A-3 Residential Suburban Residential Areas w/larger lots 2 acre Estate R-1 Residential District Residential Areas 1 acre R-2 Residential District Residential Areas 30,000 sq ft R-3 Residential District Residential Areas 20,000 sq ft P-1 Public District District intended to include publicly owned facilties which serve a public use, such as eduction, recreation, medical care or government B-1 Restricted Business District Low intensity commercial in close 20,000 sq ft proximity to residential B-2 Local Business District Commercial uses of a greater 20,000 sq ft intensity and variety than provided for in B-1 B-3 General Business District The greatest intensity of 20,000 sq ft commercial uses allowed in the ordinances Q-1 Quarrying District Active quarry operations 3 acres M-1 Limited Industrial District Trades or industries of a restictive 1 acre nature M-2 General Industrial District Trades or industries of a more 1 acre intensive nature Mixed Use Mixed PUD Allows a mixture of business, residential and other uses. Town of Merton 8-14 RECOMMENDED LAND USE PLAN The pattern of land use recommended under the Town of Merton Comprehensive Plan is show graphically on Town of Merton Land Use Map VIII-4, attached in the appendix and presented in Table VIII-2 and was developed to meet the established planning objectives and standards as presented in Chapter 2 of this plan insofar as practicable using the plan design concepts. Planned Land Use The land use plan map shows urban areas in the Town as envisioned under the plan including suburban areas, which are neither truly urban or rural in character; primary environmental corridors – i.e. areas containing concentrations of the best remaining elements of the natural resource base – which are recommended for preservation in essentially natural open uses; other agricultural land, rural-density residential land, and other open lands. The various components of the land use plan as depicted on Map VIII-4 are described in this section. Urban Land Use Under the recommended land use plan for the Town of Merton urban land uses would increase from 4,869 acres in 2000 to 7,447 acres in 2035. Urban lands uses consist of lands devoted to residential, commercial, industrial, governmental and institutional, recreational, transportation, communication and utility uses which encompassed 4,869 acres or about 27% of the total area of the Town in 2000. It is envisioned that 7,447 acres or 42% or the total area of the Town would be in urban lands uses in 2035. Recreational Land Under the recommended land use plan, recreational land use would increase from 324 acres in 2000 to 639 acres by the year 2035. The Town of Merton adopted a Parks, Recreation and Open Space Plan in 2005. Residential Land Under the recommended land use plan, urban residential land use would increase by about percent, from 3,271 acres in 2000 to about 5,892 acres by the year 2035. Of the total planned urban residential land, about 47 percent (4,267 acres) would occur at low density (20,000 square feet to 1.4 acres of area per dwelling unit), 17 percent (1,003 acres) at suburban density I (1.5 to 2.9 acres per dwelling unit), and 36 percent (2,143 acres) at suburban density II (3.0 to 4.9 acres per dwelling unit). Commercial, Industrial and Mixed Use The recommended land use plan also envisions a modest increase in economic activity areas in the Town, as represented by the commercial and industrial uses on Map VII-2. Under the plan, commercial business would be directed to the smaller downtown areas of Northlake, Stone Bank, and Monches. Office park land uses, which includes areas proposed to be utilized for limited retail, office, service activities, general business activities, and/or research and development and related off-street parking, individually or in various combinations would increase to about 264 acres by the year 2035. The proportion of the total Town area devoted to commercial and office park use would accordingly be slightly more than 1 percent. Under the plan, industrial land use would increase by from about 25 acres in 2000 to 140 acres by the year 2035. The proportion of the total Town area devoted to industrial use would accordingly increase from 0.1% to 0.8%. Under the plan, mixed use development, which may contain residential and could contain a combination of public, institutional, office, retail, service, light industrial, research and development, and/or other commercial uses., and may take the form of a business park would represent 65 acres, or less than 1 percent of the land uses, by year 2035. Since this is a new land use category in this comprehensive development plan, no comparison can be made to year 2000 conditions. Town of Merton 8-15 Governmental and Institutional Governmental and institutional lands represent areas for government and public and private institutional buildings, facilities and grounds such as schools, churches, libraries, cultural facilities, nonprofit charitable organizations, hospitals, and police and fire stations, that have a direct bearing on the quality of life and on public safety. The recommended land use plan identifies governmental and institutional lands would increase from 209 acres in year 2000 to 269 acres in year 2035. This is only a slight increase in governmental and institutional land use. However, it should be noted that government and certain institutional uses are permitted in certain zoning districts with a conditional use permit. Other Urban Land Increases in other urban land uses, including; recreational; highway and railway rights-of-way and transportation, communication, and utility lands, are also envisioned under the recommended land use plan. Under the plan, the transportation, communication, and utility land use category, which includes areas used for airports, and utility and communication facilities, would represent 384 acres, or 2.2 percent of the town land use. Nonurban Land Uses Under the recommended land use plan, nonurban land uses, consisting of environmentally sensitive lands, other open lands to be preserved, landfills, extractive uses, prime agricultural lands and rural density residential and other agricultural lands, would comprise about 10,111 acres, or about 60 percent of the total area of the Town. Owing to the amount of urban development envisioned under the plan, the area dedicated to nonurban land uses would decrease from about 11,998 acres in 2000 to the planned 10,111 acres by the year 2035. Environmentally Sensitive Lands The most important remaining elements of the natural resource base are concentrated within areas identified on the recommended land use plan map as primary environmental corridors, secondary environmental corridors, and isolated natural resource areas. The environmental corridor concept and the pattern of existing environmental corridors and isolated natural resource areas in the town and county are further described in Chapter 3 of this Plan. Primary environmental corridors are linear areas in the landscape that contain concentrations of high-value elements of the natural resource base, including almost all of the best remaining floodlands, woodlands, wetlands, and wildlife habitat areas. By definition, these corridors are at least 400 acres in area, two miles long, and 200 feet in width. The plan proposes the preservation of all remaining primary environmental corridors in essentially natural, open uses. Under the plan, development within these corridors would be limited to that needed to accommodate required transportation and utility facilities, compatible outdoor recreation facilities, and, on a limited basis, carefully sited rural-density residential use. The plan further envisions that certain adjacent floodlands within planned sewer service areas that are currently in agricultural or other open uses will over time be allowed to revert to a natural condition, becoming part of the environmental corridor network as urbanization of abutting upland areas proceeds. Under the recommended land use plan, the primary environmental corridor area in the County would consist of about 73,024 acres, or about 19 percent of the total land area in the year 2035. Secondary environmental corridors also contain a variety of resource elements, often being remnants of primary corridors that have been partially converted to intensive urban use or agricultural use. By definition, secondary environmental corridors are at least one mile long and 100 acres in area. The County land use plan recommends that secondary environmental corridors be considered for preservation in natural, open uses or incorporated as drainage ways or local parks within developing areas. Such areas may, at the discretion of local units of government, also accommodate intensive urban uses. Caution must be exercised when con- sidering development within such areas, however, since Federal, State, or local natural resource protection regulations concerning wetlands, floodplains, shorelands, storm water management, and erosion control, among others, may effectively preclude development within lowland portions of such corridor areas. Under Town of Merton 8-16 the recommended land use plan, the secondary environmental corridor area would consist of about 6,759 acres, or about 2 percent of the total land area in the year 2035. Isolated natural resource areas consist of smaller pockets of wetlands, woodlands, or surface water that are isolated from the primary and secondary environmental corridors. By definition, isolated natural resource areas are at least five acres in size. The land use plan recommends that these areas be preserved in natural, open uses insofar as is practicable, recognizing that such areas are often well suited for use as public or private parks and open space reservation. Such areas may, at the discretion of local units of government, also accommodate intensive urban uses. Caution must be exercised when considering development within such areas, however, since Federal, State, or local natural resource protection regulations concerning wetlands, floodplains, shorelands, storm water management, and erosion control, among others, may effectively preclude development within lowland portions of isolated natural resource areas. Under the recommended land use plan, the isolated natural resource areas would consist of about 7,688 acres, or about 2 percent of the total land area in the year 2035. As indicated in Chapter 3 of this Plan, the preservation of these environmentally sensitive areas, particularly the primary environmental corridors, is essential to the maintenance of the overall quality of the environment. Moreover, because these areas are typically unsuitable for urban development, their preservation in natural, open uses can help to prevent such new developmental problems as failing foundations for pavement and structures, wet basements, excessive clear water infiltration into sanitary sewerage systems, and poor drainage. Extractive As noted in Chapter 3, Waukesha County contains an abundance of nonmetallic mineral resources, the mining of which may be necessary to provide the sand, gravel, and dimensional stone needed in support of the continued development of the area. This recommended land use plan recognizes that while the County contains an abundance of such resources, efforts to extract sand and gravel or dimensional stone are increasingly constrained by the continued urbanization of the County. The plan seeks to preserve and protect lands for mineral extraction purposes before the lands are developed for urban use or effectively precluded from extractive use by further urban development of adjacent areas. For this aspect of the plan, input from the Aggregate Producers of Waukesha County, an association of mineral extraction operators in the County was sought. Members of that association provided information regarding the extent of lands now owned or leased for mineral extraction purposes as well as adjacent lands having the potential for mining activity. The areas so identified are shown on the recommended County land use plan (Map VII-2). In incorporating these areas into the land use plan, adjustments were made as necessary to ensure that the proposed activity would not encroach upon environmental corridors or isolated natural resource areas. The areas identified for extractive use under the recommended plan encompass about 1.3 percent of the total area of the County. It should be recognized in this respect that mineral extractive activity is an interim use, and further, that mining activity at any given site usually proceeds in phases, with early phases undergoing restoration while later phases are being mined. Accordingly, the total area of the County being actively mined at any point in time may be expected to be significantly less than 4,930 acres. The Town has identified 150 acres for quarry, typically most part of the North Lake Sand and Gravel property and surrounding lands. Other Open Lands to Be Preserved Other open lands to be preserved under the recommended land use plan are lands usually adjacent to, but outside, identified primary and secondary environmental corridors and isolated natural resource areas, in- cluding lands within the 100-year recurrence interval floodplain, open lands within existing County or State park and open space sites, small wetlands less than five acres in size, and other lands covered by soils with a high water table, poorly drained soils, or organic soils. Such lands in the Town, which may be considered Town of Merton 8-17 unsuitable for development of any kind, amount to about 612 acres, or about 3.5 percent of the total area of the Town under the year 2035 plan conditions. Rural Density and Other Agricultural Land Areas shown in white on the recommended land use plan map consist primarily of farm and related open lands which do not meet the criteria for classification as prime agricultural lands, but which are nonetheless proposed to be retained in rural land uses. Rural land uses envisioned under the plan for these areas include continuation of existing farming activity; creation of smaller farms, including hobby farms, horse farms, or other specialty farms; and rural-density residential development. Rural-density residential development is defined for the purpose of the land use plan as residential development at a gross density of no more than one dwelling unit per five acres of land. It is envisioned that agricultural uses would be encouraged to continue in the rural-residential and other agricultural areas delineated on the plan map to the greatest extent possible, and that rural residential development be allowed to occur in those areas only at such time as the agricultural uses are discontinued. The determination of permitted gross residential density in such areas could be calculated on an area wide basis and would include in the calculation rural-density residential and other agricultural lands, primary or secondary environmental corridors, isolated natural resource areas, and other open lands. Rural-density residential development could take the form of large lots for single-family dwelling units, with each lot being five acres or more in area, or could use density transfer, planned unit development, or cluster development design techniques to achieve the recommended overall gross residential density. Dwelling units could be concentrated on carefully located groupings of smaller lots, possibly as small as one acre in size, on a portion of a site to be developed, while retaining the balance of the site in agricultural or other open uses. The clusters of residential lots should be sited to preserve the rural appearance of the landscape, to facilitate the provision of sewage disposal and water supply, and to avoid the creation of problems such as poor drainage and foundation failures. This development option could include transfer of development rights between parcels of land throughout the community or adjacent to each other, resulting in higher densities of dwelling units at the development site while maintaining large areas of the landscape in open uses. Many options exist with respect to the use and ownership of the preserved open areas of a rural development, as well as for the design of the portion of the site where dwelling units are to be clustered. These options and the manner in which they are implemented are considered later in this chapter. Under the recommended land use plan, the rural-density residential and other agricultural land use category would amount to about 4,306 acres, or about 24.5 percent of the total area of the Town under the year 2035 plan conditions. As shown on Map VII-2, lands in this category would be widely distributed in the outlying northern sections of the Town. Town of Merton 8-18 Town of Merton 8-19 Town of Merton 8-20