Chapter 14: Land Use Planning
14.01 LAND USE PLAN ADOPTED.
The land use plan of the Town of Dunkirk as first adopted in 1979 is hereby adopted and incorporated in this Code of Ordinances as Chapter 14 hereof.
14.02 TABLE OF CONTENTS AND PLAN
INTRODUCTION
The Setting
Reasons for the Plan
BACKGROUND DATA
Population
Growth and Development Indicators
1970 Land Use
Farm Statistics
Maps
OBJECTIVES AND POLICIES
Land Use Objective
Policies
AMENDMENT PROCEDURES
PLAN IMPLEMENTATION
Exclusive Agricultural Zoning
Other Zoning
Subdivision Regulations
TOWN OF DUNKIRK LAND USE PLAN
Introduction
The Setting
The Town of Dunkirk, located in southeastern Dane County, is bounded by the Dane County Towns of Albion, Rutland and Pleasant Springs to the East, West and North, respectively, and by the Rock County Town of Porter to the South. The major transportation link in the Town is U. S. Highway 51 connecting Madison and Janesville.
The topography of the Town is characterized by flat to rolling countryside. This terrain coupled with rich agricultural soils make Dunkirk ideal for agricultural production. The other major physical feature is the Yahara River which bisects the Town from North to South. There are also several streams, many of which flow into the Yahara River, having broad floodplains.
Dunkirk is a rural, agricultural community characterized by an abundance of prime farmland, as classified by the U. S. Department of Agriculture. Therefore, farming is the principal land use as well as the major occupation. According to 1976 statistics there are 102 farms and 17,573 acres of farmland in the Town. This represents 81% of the total acreage. The remaining 19% includes, in descending order, vacant land, residential, transportation and utilities, commercial and industrial and service uses according to a 1970 land use survey.
The City of Stoughton, located in the northwest comer, is the major urban center serving the Town. As such, the city provides commercial and community services as well as non-farm employment opportunities to Town residents. In addition, the city has a full range of public services. Consequently, it has been in the interest of both the Town and the City to encourage new development adjacent to existing urban areas. Further, the City has extra-territorial zoning power within 1 'li miles of the City limits. The City Urban Service Area, as designed in the County Land Use Plan, extends beyond the City limits into the Town.
Reasons for the Plan
The Town of Dunkirk has not been experiencing a high degree of development pressure. However, the Town has recognized that unplanned development, particularly on a large scale, can occur in such a way that conflicts and problems with agricultural uses may occur. It is to avoid these problems and to preserve valuable land that this town land use plan has been developed.
Through this plan the Town is establishing guidelines upon which development decisions can be based. By referring to plan objectives and policies and the plan map, it becomes possible for public and private decision-makers to consider the effect of a single proposal on a variety of factors. Further, this plan should not be viewed as a rigid, fixed document but rather as a flexible base capable of being changed to meet changing conditions. As a result a balance can be struck between the needs and desires of present and future residents and the best development pattern given the limitations of the land.
In developing this plan, the Town assessed existing land uses, developed a series of maps identifying land characteristics, conducted public meetings for citizen input and reviewed existing relevant statistics. From this study, the land use plan was developed to guide future decision-making.
Background Data
Population
Since 1970 the population of the Town of Dunkirk has remained stable according to Wisconsin Department of Administration estimates. This stability is in marked contrast to the rapid growth which occurred in the 1960-1970 decade when there was an increase of 629 persons or 41.6%. The losses experienced in the last decade are in large part attributable to annexations by the City of Stoughton. Table 1 shows population trends in the Town since 1940.
TABLE 1
DUNKIRK POPULATION
Year • Population • Change • Percent
*1940 • 1,276
*1950 • 1,294 • 18 • 1.14%
*1960 • 1,510 • 216 • 16.69%
*1970 • 2,139 • 629 • 41.66%
**1974 • 2,049 • -90 • -4.21%
**1975 • 1,971 • -78 • -3.81%
**1976 • 1,962 • -9 • -.46%
**1977 • 1,962 • 0 • 0%
**1978 • 2,139 • 177 • 9.02%
Source: U. S. Census • *Wisconsin Department of Administration Annual Estimates
Growth and Development Indicators
Since the adoption of the County Land Use Plan, the Regional Planning Commission has been gathering and analyzing data related to building activity and parcel creation. These statistics provide reliable insight into the direction of development within a community. Tables 2
and 3 present this data.
Table 2 - Building Permits Issued
Year Single Family Duplex Multi-Family Total
1970 11 0 0 11
1971 29 2 0 31
1972 22 0 0 22
1973 20 2 0 22
1974 5 0 0 5
1975 7 0 0 7
1976 6 0 0 6
1977 12 0 0 12
Total 112 4 0 116
Source: Dane County Regional Planning Commission, Growth and Development Indicators, 1978
TABLE 3 - LAND DIVISIONS AND SUBDIVISIONS
Year Parcels in Subdivisions Certified Survey Parcels Total Parcels
1972 0 5 5
1973 0 1 1
1974 0 1 1
1975 0 9 9
1976 0 18 18
1977 52 15 67
Total: 52 49 101
Source: Dane County Regional Planning Commission, Growth and Development Indicators, 1978
The average units built per year is very near the average number of parcels created which seems reasonably balanced as an average. However, over the past few years, the trend has been for less units constructed and increased lots created. This trend could lead to some problems with larger numbers of vacant undeveloped lots in the Town.
Public records indicate that in 1977 there were 270 vacant parcels of 15 acres or less in size in the Town. Using the average construction figure from the table, this is enough vacant parcels for the next 18 years without creating additional parcels. 1970 Land Use
The amount of land in various uses provides an indication of the extent and type of development. Table 4 presents land use statistics as of 1970.
TABLE 4 - 1970 LAND USE
Use Acres % of Total
Residential 742.3 3.4%
Single Family Non-Farm 277.3
Duplex 0.9
Multi-Family 1.1
Farm Dwellings 461.5
Mobile Homes 1.5
Manufacturing 17.2 1.1%
Commercial 23.3 0.1%
Government and Education 18.7 0.1%
Recreation 8.2 -
Transportation and Utilities 683.6 3.2%
Agriculture and Vacant 19,782.7 91.6%
Water 330.6 1.5%
Total 21,606.6 100%
Developed Acreage 1,493.3 6.9%
Source: Dane County Regional Planning Commission, Land Uses in Dane County, 1972
Farm Statistics
Farm statistics provide a general indication of agricultural trends within the Town. The information on Table 5 was collected from the Wisconsin Assessor Farm Statistics for the years shown. It was collected from the Town Assessor and compiled by the Wisconsin Statistical Reporting Service.
TABLE 5 - FARM STATISTICS
1967 1976 % Change
Number of Farms 149 102 -31.5%
Acres of Farmland 20,733 17,573 -15.2%
Average Acres Per Farm 139 172 +23.7%
Acres of Corn 7,903 9,289 +17.5%
Acres of Oats 1,298 630 -51.4%
Acres of Soybeans 227 301 +32.6%
Acres of Hay 3,129 2,218 -29.1%
Pasture and other Farmland 6,887 3,328 -51.7%
Number of Milk Cows 1,817 1,408 -22.7%
Number of Hogs 2,629 2,808 +6.8%
Number of Beef Cattle 1,123 64 -94.3%
Number of other Cattle Marketed 371 1,022 +175.0%
Other Cattle 2,613 +100%
Source: Wisconsin Assessor Farm Statistics
Maps
As part of the planning process, a number of maps were prepared. These maps indicate physical limitations of the land and existing uses within Dunkirk.
Map: Agricultural Soils
Map 1 identifies significant productive farmland as classified by the Soil Conservation Service. Prime farmland is land that had been identified as nationally significant productive land. Farmland of Statewide Significance is self-explanatory and includes additional soil classes. In addition, it is pointed out that productive land may exist that is locally significant but is not included in the prime and state classifications. Therefore, these lands deserve special attention in plan development and future decision-making.
Map 2: Soils Limited for Septic Tank Absorption Fields
Map 2 indicates those lands that are not suitable for residential development as identified in the Dane County Soil Survey. The soil properties considered are those that affect both the absorption of effluent and construction and operation of the system. Properties that affect absorption are permeability, depth to bedrock or water table and susceptibility to flooding. The degree of slope affects layout and construction as well as the risk of soil erosion, lateral seepage and downslope flow of effluent.
It is noted that generally those lands best suited to development are also those soils that are most productive. In addition, it may also be necessary to cross productive lands to reach developable lands.
Map 3: Water Resources
Map 3 identifies water bodies, 100-year floodplains, wetlands and drainage divides. Development should be discouraged in these areas due to their environmental function and problems that can occur during construction and increase costs (e.g., floodproofing).
Map 4: Woodlands
The woodlands map indicates that there are few large wooded areas in the Town. Wooded areas provide desirable homesites. However, care should be taken when development is considered to assist in the preservation of the existing visual environment. Further, woods often occur in floodplains, areas which limit development potential.
Map 5: Existing Land Use
Map 5 shows the present land uses. As is immediately apparent, the Town is primarily agricultural. However, the number of scattered residences and the residential clustering in some areas indicates an existing or potential conflict with agricultural uses.
Map 6: Zoning
The zoning map is self-explanatory and identifies existing zoning in the Town. In addition, the City has extraterritorial zoning jurisdiction extending 1.5 miles into the Town from the Stoughton city limits.
Objectives and Policies
Objectives and policies are a critical element of the planning process and form the backbone of any plan. To establish objectives and policies existing conditions must be assessed and judgments made about how to proceed. Thus, they are value determinations to guide the pattern of development against which individual proposals can be evaluated. The importance of clearly identified objectives and policies becomes evident when it is realized that development decisions based on the plan and its objectives and policies affect not one person but also neighbors and ultimately the entire community.
The Town Plan Committee has thoroughly discussed the objectives and policies and has sought input from the public. As a result, the following objectives and policies have been developed for the Town.
Land Use Objective
The primary objective is to preserve the productive farmlands of the Town for continued agricultural use and to protect farm operations from conflict with incompatible uses. To achieve this goal, most of the lands within the Town of Dunkirk shall be classified or zoned as agricultural other than the lands already zoned for some other use. Some additional development is provided for in the plan policies.
Land Use Policies
The following policies have been developed to achieve and refine the goal stated above. The policies are intended to be used as a reference by the Town Plan Committee and the County Zoning Committee when reviewing zoning changes and development proposals.
These policies should be used in conjunction with the Plan Map. The Plan Districts identified on that map illustrate the general pattern of land uses which meet the Town's overall development goals.
1. Agricultural
a. To protect farm operations for future production from encroachment of incompatible uses and help qualify Town farmers for benefits of the Wisconsin Farmland Preservation Act.
b. Non-farm residential development will be restricted to those areas with soils not classified as prime farmland or those of statewide importance (as shown on maps) providing the lot is one (1) acre or more at a density of one lot per 40 acres within a farm unit and is rezoned from agriculture.
c. No roads or driveways shall be permitted to cross agricultural land to reach non-farm development without approval by the Town Planning Committee and Town Board. Such roads or driveways may be approved under the following conditions:
1) If minimal amounts of land are removed from agricultural use for the purpose of the road or driveway.
2) If the road or driveway does not interfere with agricultural activities on adjacent land.
d. All lots shall abut directly on a public road.
e. All private roads or driveways shall be constructed in compliance with Town ordinance requirements.
f. There will be no restrictions on noise, odor and the keeping of animals associated with ordinary farm operations in the exclusive agricultural zone.
g. Lands in the exclusive agricultural district can be rezoned for non-farm residential development at an overall density of no greater than one dwelling unit per forty acres if they meet the following criteria:
- Land which is not economically viable for farming or where there has not been a history of productive farming activities.
- Land located such that there would be no possible conflict with the surrounding agricultural uses.
- Land which does not require the development of a public road.
- Land which does not disturb or destroy any important natural resources and features such as significant woodland areas, wetlands, steep slopes, etc.
The minimum lot size shall be one acre.
2. Residential
a. To allow for unsewered residential development in those areas shown on the plan map with one-half acre minimum lot size.
b. All new subdivisions shall be located adjacent to existing subdivisions in the town. Generally, these will be located within the Stoughton Urban Service Area.
c. To prevent residential strip development.
3. Commercial and Manufacturing
a. To encourage major commercial and industrial development to locate in or adjacent to existing urbanized areas where public sewer is available or planned.
b. To prevent strip commercial development along roadways.
c. To prohibit isolated commercial or industrial development in agricultural areas where it would result in environmental degradation, conflicts with farming or adversely affect the rural character of the Town. New commercial or industrial development in rural areas should be located near existing business development.
d. To provide for commercial and industrial development that is compatible with adjacent uses. A buffer area shall be provided between uses.
e. To zone only that portion of land necessary for the contemplated use when rezoning is requested.
4. Resource Protection Areas
a. To identify and protect the natural resources such as: floodplains, wetlands and woodlands.
b. Floodplain areas and natural drainage-ways shall not be filled or altered in a way that reduces their function.
5. Conservation
a. All residents within the Town will be encouraged to follow soil conservation plans and to utilize soil conservation practices.
b. The Town shall encourage the management of woodlands in a way that promotes future timber and wildlife values.
6. Transportation
a. To promote new development near or adjacent to existing population centers to facilitate efficient transportation methods.
b. To promote clustering of all developments to minimize curb cuts and increase safety.
Amendment Procedure
As stated earlier, the Town Plan is a guide for future development. As such, it must be capable of changing to meet changing conditions. To this end, an annual Town Plan Amendment procedure and a procedure to change plan districts have been developed. Both of these procedures require official Town Board action and public meetings to obtain citizen views.
Town Plan Amendment Procedure
The Town Planning Committee will continue to study issues and problems relating to the use of land in the Town and on an annual basis evaluate this plan's effectiveness and recommend needed changes to the Town Board.
1. The Town Planning Committee will notify all concerned individuals and conduct a public meeting to gather and present information.
2. Following the public meeting, the Plan Committee shall make a recommendation to the Town Board.
3. The Town Board shall hold a public hearing on the recommendations of the Planning Committee.
4. The Town Board at a regular meeting shall act on the Plan Committee's recommendation and approve, deny and amend any proposed change to this plan.
Plan District Change Procedure
Changes can be proposed to Town Plan Districts at any time through the following procedure:
1. Any resident of the Town can make a request in writing to the Planning Committee to change district boundaries. This request must include the reason for the request.
2. The Town Planning Committee will review the request to determine its consistency with Town Plan policies.
3. The Plan Committee will make its recommendation to Town Board.
4. The Town Board will hold a public meeting on the request prior to taking action. Letters will be sent to adjoining landowners notifying them of the meeting.
Plan Implementation
Having developed a set of basic objectives and policies and a Plan Map, the next step in the planning process is to relate them to specific actions the Town can take to assure that proper development conforms with the intent of the Plan. This section lists those actions proposed to implement the Plan.
Exclusive Agricultural Zoning
The Town of Dunkirk will shortly adopt the A-I Exclusive Agricultural Zoning District of the Dane County Zoning Ordinances. Following this action nearly all land use changes will require re-zoning. It is the intent of the Town to apply the agricultural policies in evaluating proposed changes in this district. Of particular importance will be those policies identifying density requirements and re-zoning criteria. In this manner, it is intended that productive agricultural land will be preserved and development will be directed to other areas.
Other Zoning
Zoning in areas other than Agricultural Districts can be altered as needed, providing the changes are consistent with the policies of those Plan Districts.
The Resource Protection policies refer principally to floodplain areas. Thus, these policies can be partially implemented by the floodplain provision of the County Zoning Ordinance. Additional protection can be achieved through conservancy zoning.
Subdivision Regulations
The Dane County Subdivision Regulations are currently in effect in the Town of Dunkirk. The Town will review these regulations and supplement them where necessary to reflect the policies of the Town. It is intended that these regulations will benefit not only the Town by promoting orderly development but also the developer/owner by providing available standards. Further, it is possible that these regulations will help identify potential site development problems.
Approval of all plats and certified survey maps will be based on consistency with the Plan.
