5.6.4 Approval and Permit Required

A. A Environmentally Sensitive Area Permit is required for any development, proposed on a site within or including lands defined in SECTION 5 as an Environmentally Sensitive Area, and identified as Floodplain Corridor Land, Riparian Preserve, Erosive and Slope Failure land, or Severe Constraint land. B. If the proposed development is involved in a Site Plan Review, or approval of a planned unit development, Conditional Use Permit, subdivision, partition, or other regulatory process, the review shall be conducted simultaneously with the regulatory process and no additional fee shall be charged. C. If a development is exclusive of any other regulatory process, as noted in Subsection B, then the Environmentally Sensitive Area Review may be processed by the planning staff. D. Information Required. The following information shall be required for any development requiring a Environmentally Sensitive Area Review: 1. A site plan containing the following: a. Project name, and name of the developer b. Vicinity map. c. Scale (the scale shall be at least one inch equals fifty feet or larger). d. North arrow. e. Date of submittal f. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. g. Lot layout with dimensions for all lot lines. h. Location and use of all proposed and existing buildings, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. i. Location and size of all public utilities within the proposed development. j. Location of drainage ways or public utility easements in and adjacent to the proposed development. Town of Wallsburg Development Code k. A topographic map of the site at a contour interval of five feet or less. l. Location of all parking areas and spaces, ingress and egress on the site, and onsite circulation. m. Locations of all existing natural features including, but not limited to, all trees of a caliper greater than six inches; natural drainages or creeks on the site, and outcroppings of rocks, boulders, etc. In forested areas, it is necessary to identify only those trees which will be affected or removed by the proposed development. Indicate any contemplated modifications to a natural feature. n. The proposed method of erosion control, water runoff control, and tree protection for the development. o. Building envelopes for all existing and proposed new parcels that contain only buildable area, as defined by this Chapter. 2. Additional plans and studies as required in Sections 5.6.7, 5.6.8, 5.6.9 and 5.6.10 of this Chapter. E. Criteria for approval. An Environmentally Sensitive Area Permit shall be issued by the Town Board when the Applicant demonstrates the following: 1. That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2. That the development is in compliance with the requirements of this chapter and all other applicable Wallsburg Ordinances. F. The Planning Director or Planning Commission has the power to amend plans to include any or all of the following conditions if it is deemed necessary to mitigate any potential negative impact caused by the development: 1. Require the retention of trees, rocks, ponds, watercourses and other natural features. 2. Require plan revision or modification to mitigate possible negative or irreversible effect upon the topography or natural features that the proposed development may cause. G. The Planning Director or Planning Commission may deny the Environmentally Sensitive Area Permit if, in its opinion: 1. The proposed development will have a detrimental effect on the lands regulated and protected by this Chapter. 2. Where it appears that the proposal is part of a more extensive development that would require a master site plan, or other planning action. In this case, approval is to be postponed until a complete planning application has been processed.