Village of Salem Lakes, WI Article XI Natural Resources

§ 335-60 Protection of natural resources.

A. Natural resource protection standards. All new certified survey maps, subdivision plats, or condominiums created in the Village of Salem Lakes shall comply with the resource protection standards set forth in Table 4 of this chapter.[1] All the natural resources required to be protected under this article shall remain undisturbed and in a natural state except those natural resources where mitigation is permitted and is in strict accord with those requirements set forth in this article. Zoning district type, as referenced in Table 4, refers to those zoning districts established by Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code.

[1] Editor's Note: Table 4 is included at the end of this section.

B. Natural resource features determination.

(1) Wetlands. Wetlands are defined in Article XV of this chapter. Wetland areas shall be determined by reference to the following sources in the order shown below. If the first source is considered inaccurate or inappropriate, as determined by the Plan Commission, the succeeding techniques may be used:

(a) Wetland inventory maps prepared for the Village of Salem Lakes as part of the "Wisconsin Wetland Inventory" prepared by the Wisconsin Department of Natural Resources, as amended.

(b) Field survey of plant material by a botanist with a professional degree in either botany or biology.

(2) Drainageways. Drainageways, as defined in Article XV of this chapter, are to be determined as the land on either side of and within 50 feet of the center line of any intermittent or perennial stream graphically shown on the large-scale (one inch equals 200 feet) Kenosha County topographic maps, except for areas designated as wetlands, shoreland wetlands, floodlands, floodways, or 100-year recurrence interval floodplains.

(3) Floodplain. The definition of "floodplain," as applied to this article, appears in Article XV of this chapter. The 100-year recurrence interval floodplain and floodways shall be determined as published in the "Flood Insurance Study - Kenosha County, Wisconsin," prepared by the Federal Emergency Management Agency (FEMA).

(4) Steep slopes. The definition of "steep slopes," as applied to this article, appears in Article XV of this chapter. Steep slopes shall be measured and graphically indicated on a topographic drawing and graphically indicated on the natural resource protection plan. Such steep slope drawing shall graphically indicate those steep slope areas, by slope type, of the property pursuant to the "steep slope" definition set forth in Article XV of this chapter. Steep slopes are to be determined through the use of the following sources and/or methods in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the Plan Commission, the succeeding source shall be used:

(a) Topographic survey prepared by and certified by a professional land surveyor at a contour interval of not less than two feet.

(b) Large-scale (one inch equals 200 feet) Kenosha County topographic maps.

(5) Woodlands and forests.

(a) The definitions of "woodlands" and "forests" (mature and young), as applied to this article, appear in Article XV of this chapter. Woodlands and forests (mature and young) shall be measured and graphically indicated on the natural resource protection plan. Such woodland and forest area drawing shall graphically indicate all woodland and forest areas of the property. The determination of woodland and forest boundaries shall be based on the following sources:

[1] One inch equals 400 feet aerial photographs prepared by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) and available from either SEWRPC or from Kenosha County (most recent date only).

[2] A field survey of trees compiled by a professional land surveyor and identified by a landscape architect, forester, arborist, or botanist with a professional degree in one of those fields of endeavor.

(b) The location, size, and species of all healthy trees having a diameter of eight inches or greater DBH that are located in woodland and forest areas within 25 feet of any proposed improvement and/or in woodland and forest areas to be demolished due to the placement of improvements or grading are to be graphically shown on the natural resource protection plan or submitted as a separate drawing. For the remaining undisturbed areas of the certified survey map, subdivision plat, or condominium, only the outline of woodland and forest areas, indicating whether they are mature or young woodlands, is required.

C. Natural resources measurement. All land area within a proposed certified survey map, subdivision plat, or condominium consisting of the natural resource features defined in this chapter shall be accurately measured. The total square feet and acreage of each natural resource feature shall be multiplied by its respective natural resource protection standard as set forth in Table 4, Natural Resource Protection Standards, of this chapter to determine the amount of each natural resource feature to be protected by a conservation easement. If two or more natural resource features are present on the same area of land, only the most restrictive natural resource protection standard shall be used. (For example, if floodplains and woodlands and forests occupy the same space on a site, the natural resource protection standard would be 100% for this area, representing the higher of the two standards.) Those areas to be demolished due to improvements or site grading or disturbed through the application of permitted mitigation techniques shall also be measured and so noted but shall not be counted as a natural resource area to be preserved.

Table 4 Natural Resource Protection Standards
			Zoning District Type
Natural Resource Feature	Agricultural		Residential		Nonresidential
	Protection Standard	Mitigation Permitted	Protection Standard	Mitigation Permitted	Protection Standard	Mitigation Permitted
Steep slopes:
10% to 19%	0%	N/A	60%	No	40%	No
20% to 30%	65%	No	75%	No	70%	No
Over 30%	90%	No	85%	No	80%	No
Woodlands and forests:
Mature	70%	No	70%	No	70%	Yes
Young	50%	No	50%	Yes	50%	Yes
Lakes and ponds	100%	No	100%	Yes	100%	Yes
Streams	100%	No	100%	No	100%	No
Shore buffer	100%	No	70%(a)	No	70%(a)	No
Floodplains	100%	No	100%	No	100%	Yes
Drainageways	30%	Yes	30%	Yes	30%	Yes
Wetlands and shoreland wetlands	100%	No	100%	No	100%	Yes

NOTES:
(a)	As regulated by Article 15, Shoreland Regulations, of Chapter 490, Zoning and Shoreland/Floodplain Zoning, as amended. N/A = Not Applicable

§ 335-61 Mitigation of natural resource features.

A. Intent of mitigation. The Village of Salem Lakes recognizes that, under certain circumstances, property owners or subdividers may wish to develop in portions of those protected natural resource feature areas indicated in Table 4[1] that are shown as eligible for mitigation. In Subsection B of this section, the conditions for mitigation and mitigation standards are set forth for the various natural resource features for which mitigation is allowed under the provisions of Table 4. The intent of this section is not to permit greater destruction of natural resource features than is permitted under the requirements of this chapter for typical property or development. This section sets specific standards for use when the extent of the natural resources on a site and the use of the regulations would create a major hardship for said natural resource feature protection. Thus, mitigation is intended to be used in lieu of a variance request when severe hardships would result from the strict enforcement of the natural resource protection standards and requirements set forth in this chapter.

[1] Editor's Note: For Table 4, see § 335-60 of this chapter.

B. Mitigation standards. The following methods, requirements, standards and/or criteria shall be followed for the mitigation of those natural resource features that may be mitigated under the requirements set forth under Table 4:

(1) Woodlands and forests. The following shall be applicable to woodland and forest areas:

(a) Mitigation shall include the planting of 1.25 acres of new woodland/forest for every one acre of disturbed woodland/forest for which mitigation is required.

(b) Mitigation shall include the replacement of woodlands/forests that have been disturbed. Such mitigation shall consist of the planting of new woodland/forest areas, as specified in Subsection B(1)(a) above, using the following number of plants per acre of mitigated area:

Plant Type	Plants per Acre of Mitigated Area
Canopy trees, minimum 4-inch caliper*	4
Canopy trees, minimum 2.5-inch caliper*	8
Canopy trees, minimum 5-foot-high whips	60
Understory trees, minimum 5-foot-high whips	20
Shrubs, minimum 12 inches high	25

*NOTE: Four-inch-caliper canopy trees may be substituted with twelve-foot-high evergreen trees; two-and-one-half-inch-caliper canopy trees may be substituted with six-foot-high evergreen trees.

(c) The species of plants used in the mitigation of woodlands/forests shall be similar to those that are destroyed.

(d) The land upon which the mitigation is to take place shall be protected with a deed restriction and conservation easement as a permanent natural resource features conservation easement.

(e) No tree cutting or removal, subsequent to the adoption of this chapter, shall reduce the woodland/forest natural resource features protection requirements of this chapter.

(2) Floodplains: as may be permitted under the requirements of Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code.

(3) Drainageways. The required drainageway natural resource protection standard may be reduced and/or mitigated only if such reduction and/or mitigation is part of a Village Engineer approved stormwater drainage system that meets, at a minimum, all of the following criteria:

(a) The time of concentration of stormwater flows remains unchanged or is lengthened.

(b) Stormwater storage capacity is unchanged or increased.

(c) Vegetation is installed, stabilizing the drainageway soil.

(d) The resultant drainageway produces less stormwater velocity than preexisted or reduces streambank erosion through the provision of erosion control measures.

(e) Additional water is not backed up onto adjoining properties.

(4) Wetlands and shoreland wetlands: as may be permitted under the requirements of Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code. In addition, a permit from the United States Army Corps of Engineers, pursuant to the requirements of Section 404 of the Clean Water Act (33 U.S.C. § 1344), shall be submitted to the Village of Salem Lakes, certifying that filling has been approved and permitted by the Corps, as a condition of Village review.

(5) Lakes and ponds: as may be permitted under the requirements of Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code. Where permitted under the requirements of Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code, the required lakes and ponds natural resource protection standard may be reduced and/or mitigated only if such reduction and/or mitigation is part of a Village Engineer approved stormwater drainage system that meets, at a minimum, all of the following criteria:

(a) The time of concentration of stormwater flows remains unchanged or is lengthened.

(b) Stormwater storage capacity is unchanged or increased.

(c) Additional water is not backed up onto adjoining properties.

C. Off-site mitigation. Off-site mitigation may be permitted by the Plan Commission, provided that such off-site mitigation occurs within the same subwatershed as the natural resource feature or property being mitigated.