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:
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
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Powers Lake
|
|
Silver Lake
|
Lily Lake
|
|
Camp Lake
|
Center Lake
|
|
Rock Lake
|
Cross Lake
|
|
Benedict Lake
|
Benet Lake
|
|
Montgomery Lake
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Hooker Lake
|
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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.
(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.
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.
Surface water withdrawal, diversion or discharge for irrigation, processing, cooling or other purposes requires a permit in accordance with § 490-15.9 of this chapter.
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.
(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.
