All applicable use, site or sanitary restrictions and regulations shall apply to shorelands in addition to those listed below.
A. 
Shoreland regulations apply to all the lands in the Village, which are:
(1) 
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages.
(2) 
Within 300 feet of the ordinary high-water mark of navigable rivers or streams or to the landward side of the floodplain, whichever distance is greater.
B. 
Determinations of navigability and ordinary high-water mark location shall initially be made by the Planning and Development Administrator. When questions arise, the Planning and Development Administrator shall contact the appropriate office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary high-water mark.
C. 
Under § 281.31(2m), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, this shoreland zoning ordinance does not apply to:
(1) 
Lands adjacent to farm drainage ditches if such lands are not adjacent to a natural navigable stream or river or those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching.
(2) 
Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body.
A. 
To protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation, this chapter shall designate land that extends from the ordinary high-water mark to a minimum of 35 feet inland as a vegetative buffer zone and prohibit removal of vegetation in the vegetative buffer zone, except as follows:
(1) 
The Village may allow routine maintenance of vegetation.
(2) 
The Village may allow removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors. The viewing corridor may be at least 35 feet wide for every 100 feet of shoreline frontage. The viewing corridor may run contiguously for the entire maximum width or shoreline frontage owned.
(3) 
The Village may allow removal of trees and shrubs in the vegetative buffer zone on a parcel with 10 or more acres of forested land consistent with "generally accepted forestry management practices," as defined in § NR 1.25(2)(b), Wis. Adm. Code, and described in Department of Natural Resources publication "Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal is consistent with these practices.
(4) 
The Village may allow removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed is replaced by replanting in the same area as soon as practicable.
(5) 
The Village may authorize by permit additional vegetation management activities in the vegetative buffer zone. The permit shall require that all management activities comply with detailed plans approved by the Village and designed to control erosion by limiting sedimentation into the water body, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area that meets the standards found in § 490-15.10 (Mitigation). The permit also shall require an enforceable restriction to preserve the newly restored area.
B. 
Impervious surface. Impervious surface standards were established to protect water quality and fish and wildlife habitat and to protect against pollution of navigable waters. Village impervious surface standards shall apply to the construction, reconstruction, expansion, replacement or relocation of any impervious surface on a riparian lot or parcel and any nonriparian lot or parcel that is located entirely within 300 feet of the ordinary high-water mark of any navigable waterway.
(1) 
Calculation of percentage of impervious surface. Percentage of impervious surface shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark by the total surface area of that lot or parcel, and multiplying by 100. Impervious surfaces described in Subsection B(3) shall be excluded from the calculation of impervious surface on the lot or parcel. If an outlot lies between the ordinary high-water mark and the developable lot or parcel and both are in common ownership, the lot or parcel and the outlot shall be considered one lot or parcel for the purposes of calculating the percentage of impervious surface.
(a) 
Impervious surface standard for highly developed shorelines.
[1] 
For properties on shorelands of highly developed lakes, including:
Voltz Lake
Powers Lake
Silver Lake
Lily Lake
Camp Lake
Center Lake
Rock Lake
Cross Lake
Benedict Lake
Benet Lake
Montgomery Lake
Hooker Lake
Shangri-La Lake
[2] 
A property owner is allowed up to 30% for residential land use and up to 40% for commercial, industrial or business land uses.
(b) 
General impervious surface standard. A shoreland property owner not on a highly developed shoreland listed in Subsection B(1)(a) shall be allowed up to 15% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark.
(2) 
Maximum impervious surface standard.
(a) 
A property owner in a highly developed shoreland listed in Subsection B(1)(a) may have more than 30% impervious surface but not more than 40% impervious surface for residential land uses. For commercial, industrial or business land uses, a property owner may have more than 40% impervious surface but not more than 60% impervious surface.
(b) 
For properties where the general impervious surface standard applies under Subsection B(1)(b), a property owner may have more than 15% impervious surface but not more than 30% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark.
(c) 
For properties that exceed the standard under Subsection B(1)(a) and (b) but do not exceed the maximum standard under Subsection B(2)(a) and (b), a zoning permit can be issued for development with an approved shoreland permit that details the mitigation plan that meets the standards found in § 490-15.10 (Mitigation), unless exempt under Subsection C.
(3) 
Treated impervious surfaces. Impervious surfaces that can be documented to demonstrate they meet either of the following standards shall be excluded from the impervious surface calculations under Subsection B(1):
(a) 
The impervious surface is treated by devices such as stormwater ponds, constructed wetlands, infiltration basins, rain gardens, bioswales or other engineered systems.
(b) 
The runoff from the impervious surface discharges to an internally drained pervious area that retains the runoff on or off the parcel and allows infiltration into the soil, such as pervious pavement.
(4) 
Existing impervious surfaces. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in Subsection B(1) or the maximum impervious surface standard in Subsection B(2), the property owner may do any of the following:
(a) 
Maintain and repair the existing impervious surfaces.
(b) 
Replace existing impervious surfaces with similar surfaces within the existing building envelope.
(c) 
Relocate or modify an existing impervious surface with similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of the Village shoreland ordinance, and the impervious surface meets the applicable setback requirements.
(5) 
The impervious surface standards in this chapter shall not be construed to supersede other provisions in the Village shoreland ordinance. All of the provisions of the Village shoreland ordinance still apply to new or existing development.
C. 
Vegetated buffer exemptions. In accordance with the provisions of § 61.353, Wis. Stats., this chapter shall not require a person to do any of the following:
(1) 
Establish a vegetative buffer zone on previously developed land.
(2) 
Expand an existing vegetative buffer zone.
A. 
Earth movements such as construction, altering or enlargement of waterways, removal of streambed or lake bed materials, channel clearing, dredging, lagooning, grading, topsoil removal, filling, road cutting and ditching require a permit in accordance with § 490-15.9 of this chapter in addition to the permit required from the state agency in accordance with the provisions of § NR 115.04, Wis. Adm. Code, the requirements of Ch. 30, Wis. Stats., and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty.
B. 
No permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the Planning and Development Administrator has notified in writing all adjacent municipalities, the DNR and FEMA regional offices, and required the applicant to secure all necessary state and federal permits.
C. 
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the Letter of Map Change (LOMC) process.
All structures, except navigational aids, piers, boat-launching facilities and boathouses, and steps and stairs located above the ordinary high-water mark and necessary for access to the shoreline, shall not be closer than the shore yard distance as specified in each district of this chapter. See § 490-31.2 for more information.
A. 
The Village shall not establish shoreland zoning standards that require any of the following:
(1) 
Approval to install or maintain outdoor lighting in shorelands, impose any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or otherwise prohibit or regulate outdoor lighting in shorelands if the lighting is designed or intended for residential use.
(2) 
Any inspection or upgrade of a structure before the sale or other transfer of the structure may be made.
B. 
The construction and maintenance of a facility is considered to satisfy the requirements of a shoreland zoning ordinance if the Department of Natural Resources has issued all required permits or approvals authorizing the construction or maintenance under Ch. 30, 31, 281 or 283, Wis. Stats. A "facility" means any property or equipment of a public utility, as defined in § 196.01(5), Wis. Stats., or a cooperative association organized under Ch. 185, Wis. Stats., for the purpose of producing or furnishing heat, light or power to its members only, that is used for the transmission, delivery or furnishing of natural gas, heat, light or power.
A. 
Soil conservation practices such as tiles, terraces, runoff diversions, and grassed waterways used for erosion control shall not require a permit under § 490-15.9 of this chapter when designed and constructed to Natural Resources Conservation Service technical standards.
B. 
Tillage, grazing, livestock watering, and feeding and application of fertilizers shall be prohibited unless conducted in accordance with applicable Village, county, state and federal laws and regulations and unless conducted in such a manner as to safeguard the health, safety and welfare of individuals, animals and aquatic life in the surrounding environment.
Crop production on lands with an erosion factor of three or more is prohibited, and such lands shall be planted to permanent vegetation.
The use of any parcel of land located within the Village's designated shoreland-floodplain area shall be conducted in accordance with the provisions of Ch. NR 115, Wis. Adm. Code, Wisconsin's Shoreland Protection Program, and in the case of conflict between this chapter and the Wisconsin Administrative Code (Chapter NR 115), the provision with the greater restriction shall apply.
Notwithstanding the other requirements set forth in this article, the Planning and Development Administrator may issue a stipulated shoreland permit for those uses listed in §§ 490-15.2 and 490-15.6 without requiring a conditional use permit, provided that the use shall not be susceptible to flooding, concentrated runoff, inadequate drainage, adverse soil and topographic conditions or any other features likely to be harmful to the environment or the public interest. The Planning and Development Administrator shall not issue the stipulated shoreland permit until the applicant agrees to the stipulations and such stipulated shoreland permit is filed and recorded in the office of the Register of Deeds. The Planning and Development Administrator shall notify the Wisconsin Department of Natural Resources of the issuance of all stipulated shoreland permits.
A. 
General standards. [§ 61.353, Wis. Stats., and § NR 115.05(l)(e)3 and (g)5 and 6, Wis. Adm. Code.] When the Village issues a permit requiring mitigation in accordance with § 490-15.2 or 490-32.11 of this chapter, the property owner must submit a mitigation plan application that is reviewed and approved by the Village. The application shall include the following:
(1) 
A site plan that describes the proposed mitigation measures.
(a) 
The site plan shall be designed and implemented to restore natural functions lost through development and human activities.
(b) 
The mitigation measures shall be proportional in scope to the impacts on water quality, near-shore aquatic habitat, upland wildlife habitat, and natural scenic beauty.
(2) 
An implementation schedule and enforceable obligation on the property owner to establish and maintain the mitigation measures. The enforceable obligations shall be evidenced by an instrument recorded in the office of the Register of Deeds.
B. 
Mitigation options.
(1) 
Vegetative buffer required as mitigation under open-sided provision (§ 490-19.10). The property owner shall choose and implement two of the following:
(a) 
Restoration of native primary vegetative buffer to Village vegetative buffer standards per Subsection D.
(b) 
The associated private on-site waste treatment system must be evaluated and upgraded as appropriate in compliance with Ch. SPS 383, Wis. Adm. Code.
(c) 
Stormwater management practices (e.g., stormwater ponds, constructed wetlands, infiltration basins, rain gardens, pervious pavers, bioswales, water diversions of overland flow or other approved engineered systems).
(2) 
Lateral expansion of a nonconforming principal structure located between 35 and 75 feet from the ordinary high-water mark and which is less than 35 feet in height (§ 490-32.11B); or the replacement or relocation of a principal structure located between 35 and 75 feet from the ordinary high-water mark and which is less than 35 feet in height; or new impervious surface area greater than 15% and/or less than or equal to 30%, and greater than 30% for highly developed shorelands (§ 490-15.2B).
(a) 
Removal of all nonconforming accessory structures located in the shore setback area. This requirement shall not apply to a detached garage which is in good repair and located at least as far from the ordinary high-water mark as the principal structure on the property.
(b) 
The property owner shall choose and implement two of the following:
[1] 
Restoration of native primary vegetative buffer to Village vegetative buffer standards per Subsection D.
[2] 
The associated private on-site waste treatment system must be evaluated and upgraded as appropriate in compliance with Ch. SPS 383, Wis. Adm. Code.
[3] 
Stormwater management practices (e.g., stormwater ponds, constructed wetlands, infiltration basins, rain gardens, pervious pavers, bioswales, water diversions of overland flow or other approved engineered systems).
C. 
Implementation schedule. The approved Shoreland Buffer Restoration Site Plan must be started within one year from the issue date of the applicable permit. All plantings and any other activities in the Shoreland Buffer Restoration Site Plan must be completed within two years of the permit issue date.
D. 
Establishment of a vegetation buffer zone.
(1) 
The owner(s) or their agent must submit a plan that will be implemented by the owner of the property to establish, preserve, enhance and/or restore a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water. The plan must be approved by the Village Planning and Development Department.
(2) 
To be considered for approval, a plan to establish, preserve, enhance and/or restore a vegetative buffer zone shall follow the vegetative buffer standards described in Appendix C[1] and shall, at a minimum, contain the following:
(a) 
A description of how the landowner intends to carry out the project, including methods, materials and equipment to be used.
(b) 
A binding agreement with the owner, his/her heirs, successors and assignees must authorize entrance onto the property by zoning staff for inspections to assure compliance with the plan. The agreement shall be written and recordable on forms provided by the Village Planning and Development Department and recorded with the Register of Deeds. This also applies to preservation of an existing natural buffer.
(c) 
A proposed schedule and sequence of work activities.
(d) 
The names, descriptions and densities of native species to be utilized in the restoration work, including ground cover, shrubs and tree layers.
(e) 
A description of the site before the project begins and a description of the proposed site once the buffer is completed.
(f) 
The erosion control measures that will be used during construction of the permitted structure and vegetative buffer zone to control sediment and runoff and protect water quality.
[1]
Editor's Note: Appendix C, Vegetative Buffer Standards, is included as an attachment to this chapter.
(3) 
Removal of the shoreyard structure will not relinquish the recorded agreement or permit the removal, destruction, degradation and/or reduction in size of the shoreland vegetative buffer.
(4) 
Failure to comply with the plan and/or subsequent removal of vegetation from the vegetative buffer zone will cause the Planning and Development Department to revoke the permit and order the removal of any structure(s) authorized under the zoning permit.