Cross Plains board narrows hillside rule for one developer, keeps village-wide protections

The Village of Cross Plains Board of Trustees on June 8 approved a narrowly tailored change to the village's hilltop-edge ordinance to allow the Marshstone subdivision a limited exception while keeping the broader 150-foot standard in place for the rest of the village.

The board's decision came after more than two hours of public comment in which residents, conservation advocates and local engineers pressed trustees not to weaken protections they said preserve scenic character and protect cold-water springs that feed Black Earth Creek. "Please do not sacrifice the beauty of the land in the name of growth," said Emily Spahn, a member of the Cross Plains Parks and Recreation Committee, during public comment.

Why it mattered: Residents and watershed advocates said the hilltop-edge buffer helps protect groundwater-fed springs and the trout fishery in Black Earth Creek by limiting tree removal and keeping structures off ridge lines. Several speakers cited the risk that allowing smaller buffers could produce a precedent for future developments to seek similar exceptions.

What the board approved: Rather than changing the village-wide setback, trustees adopted an amendment that keeps the 150-foot hilltop edge as the default but permits a specific exception for the Marshstone subdivision so that up to 17 identified single-family lots in that development may be subject to a 100-foot hilltop edge. Trustees also revised related ordinance language and clarified which exceptions and village-controlled access routes will be allowed in hilltop/hillside areas.

How trustees debated it: The discussion focused on three options: require the developer to pursue individual waivers (the longer, higher-risk path for the developer), change the ordinance village-wide to 100 feet, or adopt a narrowly drawn ordinance exception for Marshstone. Supporters of the exception said it balances the village's housing and infrastructure needs with environmental safeguards; opponents said an ordinance carve-out risks weakening the comprehensive plan and opens the door to future carve-outs.

Technical issues and safeguards: Staff and the developer presented renderings and a three-dimensional visualization to show which lots would be affected by a 100-foot buffer. Village engineering staff explained that erosion control and stormwater rules remain in force regardless of the hilltop-edge measurement, and that infiltration and erosion-permitting processes would still be required at later permitting stages.

Voices from the meeting: Jenny Dietering, who opposed the change, told trustees that the 150-foot setback keeps Cross Plains 'small-town character' and warned against setting a precedent that developers could leverage. Jeff Postal, a resident with groundwater expertise, urged the board to pause and require scientific analysis before any ordinance modification.

What happens next: The amendment was passed by roll-call vote after friendly amendments clarified scope (17 single-family lots limited to the Marshstone subdivision and specific ordinance language on exceptions). Staff and trustees said the changes will be incorporated into the written ordinance text and that future preliminary-plat and developer-agreement phases will outline explicit mitigation, infiltration and tree-management commitments.

The board also directed staff to continue working with the developer and to return with any needed clarifications in subsequent meetings; the ordinance change does not itself authorize any development activity without the usual platting, permitting and erosion-control approvals.