The purpose of this article is to set forth the requirements for the mandatory protection of natural resources and permanently protected green space areas within the jurisdiction of this chapter (see § 250-9). The provisions of this article interact closely with the provisions of § 250-45 (Natural Resource Disruption and Required Mitigation Standards), § 250-50 (Required Natural Resources Site Evaluation), and §§ 250-51 and 250-52 which provide residential and nonresidential development standards. Section 250-53 provides a complete overview of the interrelationship between the above-listed sections. In part, the provisions of this article are designed to ensure the implementation of the Village of Johnson Creek Comprehensive Master Plan and State of Wis. Stats. 62.231 and 87.30.
This article contains the standards which govern the protection,
disturbance and mitigation of disruption of all natural resource and
other permanently protected green space areas. The provisions of this
article are intended to supplement those of the Village of Johnson
Creek, Jefferson County, the State of Wisconsin, and the federal government
of the United States which pertain to natural resource protection.
Prior to using the provisions of this article to determine the permitted
disruption of such areas, the requirements provided below should be
reviewed. This article recognizes the important and diverse benefits
which natural resource features provide in terms of protecting the
health, safety and general welfare of the community. Each of the following
sections is oriented to each natural resource type and is designed
to accomplish several objectives.
See Chapter 240, Floodplain Zoning.
See Chapter 240, Floodplain Zoning.
A.
Definition. Lakeshores are the land margins of navigable waters which
are identified as "lakes and other water bodies" as shown on USGS
7.5 minute topographic maps for the Village of Johnson Creek and its
environs. Lakeshores are all areas within 100 feet of the ordinary
high-water mark of such features. Decorative water features shall
not be considered "navigable waters" for the purposes of this section.
This meaning of lakeshores shall remain distinct from the meaning
of the term as employed by the State of Wisconsin Statutes and the
DNR.
B.
Purpose of lakeshore or shoreland protection requirements. Lakeshores
serve to protect land/water margins from erosion due to site disruption.
Because of regular contact with wave action, currents and runoff,
such areas are highly susceptible to continuous and, in some cases,
rapid erosion. Lakeshore protection also provides a natural vegetation
buffer which serves to reduce water velocities and wave energy and
filters significant amounts of waterborne pollutants and sediments.
Lakeshores also promote infiltration and groundwater recharging and
provide a unique habitat at the land/water margin.
C.
Determination of lakeshore or shoreland boundaries. General lakeshore boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a lakeshore depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 250-127C(8). This analysis shall depict the location of all lakeshore areas on the subject property as related to the provisions of Subsection A above.
D.
Mandatory lakeshore or shoreland protection requirements. With the exception of the activities permitted below, lakeshores shall remain in an undisturbed state, except for the land uses permitted per the requirements of § 250-45.
(1)
Tree removal.
(a)
Purpose. The intent and purpose of this subsection is to preserve
the Village's character as a natural wooded community, maintain property
values by improving and preserving the aesthetic appeal of the Village
through tree regulations, preserve the natural resources of the Village
and state, reduce the amount of erosion in the Village due to tree
removal, protect the quality of the waters of the state and the Village,
and protect and promote the health, safety and welfare of the people
by minimizing the amount of sediment and other pollutants carried
by runoff to surface waters due to the erosion of land not protected
by a naturally wooded environment.
(b)
Scope. The provisions of this subsection shall not apply to
SR-2, SR-3 and SR-4 Zoning Districts, except planned developments
on those districts.
(c)
Clear-cutting prohibition.
[1]
Shoreland areas. In a strip of land 35 feet wide inland from
the bulkhead line, no more than 30 feet in any 100 feet shall be clear-cut.
Where the lot is less than 100 feet, no more than 30% of this strip
shall be clear-cut. Natural shrubbery shall be preserved as far as
practicable and, where removed, it shall be replaced with other vegetation
that is equally effective in retarding runoff, preventing erosion
and preserving natural beauty.
[2]
Tree preservation area. Except for circumstances identified under Subsection D(1)(d)[2], it is prohibited to remove any tree or cause any trees to be removed from the tree preservation area of each lot. During construction, no equipment movement, construction or placement of equipment or material storage shall be permitted in the tree preservation area.
(d)
Cutting exceptions.
[1]
Trees may be removed from the building activities area. This
area shall be as small as possible, including the entire area affected
by building, grading and temporary material storage areas. In no case
shall the amount of trees with a six-inch tree diameter removed within
the building activities area exceed the following:
[a]
Eighty percent of the total of such trees on lots
of 1/4 acre or less.
[b]
Sixty percent of the total of such trees on lots
of 1/4 acre to one acre, except in the CR-1 District.
[c]
Forty percent of the total of such trees on lots
of one acre to 2.5 acres, except in the CR-1 District.
[d]
Twenty percent of the total of such trees on lots
of 2.5 acres or more, except in the CR-1 District.
[e]
Ten percent of the total of such trees on all lots
in the CR-1 Districts.
[2]
Trees removed in excess of the above reasons will require a
tree removal permit. Conditions under which a permit may be issued
include, but will not be limited to, the following:
[a]
The tree is dead, dying or diseased.
[b]
The tree is damaged or injured to the extent that
it is likely to die or become diseased.
[c]
The removal of the tree will enhance the tree preservation
area and the health of the remaining trees.
[d]
The removal of the tree will avoid or alleviate
an economic hardship or hardship of another nature to the property
or residents.
[e]
The removal of the tree is consistent with good
arboriculture practices.
[f]
The tree is not considered a desirable specimen
as identified in Appendix B.[1]
[1]
Editor's Note: Appendix B, Detailed Classification of Plant Species, is included at the end of this chapter.
(e)
Replacement trees. When in keeping with good arboriculture practices,
replacement trees shall be planted for all removed trees. They may
be planted in the tree preservation area or in the building activities
area after the initial construction activities are completed. All
replacement trees shall be planted within 30 days of final grading.
The determination of good arboriculture shall be based on tree density
and spacing of the following table.
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Small trees: Trees which have an ultimate height of 20 feet
to 30 feet and fifteen-foot to twenty-foot spread. They should be
planted 15 feet to 20 feet on center or roughly at a density of 115
trees per acre.
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Apricot
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Redbud
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Crabapple, Flowering (sp)
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Golden train tree
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Hawthorne (sp)
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Soapberry
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Lilac, Japanese Tree
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Pear, Bradford
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Peach, Flowering
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Serviceberry
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Plum, Purpleleaf
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Medium trees: Trees which have an ultimate height of 30 feet
to 50 feet and thirty-foot to forty-foot spread. They should be planted
25 feet to 30 feet on center or roughly at a density of 30 trees per
acre.
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Ash, Green
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Pagodatree, Japanese
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Hackberry
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Pecan
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Honeylocust (Thornless)
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Birch
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Linden or Basswood (sp)
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Osage orange (Thornless)
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Mulberry, Red (fruitless, male)
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Persimmon
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Oak, English
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Poplar
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Oak, Red
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Sassafras
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Large trees: Trees which have an ultimate height greater than
50 feet and more than forty-foot spread. They should be planted 40
feet on center or roughly at a density of 25 trees per acre.
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American elm
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Sugar maple
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Walnut
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Oaks
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Kentucky coffeetree
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Sycamore
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Silver maple
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Cottonwood
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(f)
Penalties. Any person violating any provision of this subsection
shall be subject to a penalty per tree illegally cut or removed, which
shall be determined by the assessed value of the trees removed. The
assessed value shall be determined in accordance with the Guide for
Plant Appraisals, most recent edition, published by the Council of
Tree and Landscape Appraisers. In addition, a replacement tree shall
be planted to replace all trees cut illegally.
A.
Definition. Drainageways are nonnavigable, aboveground watercourses,
detention basins and/or their environs which are identified by the
presence of one or more of the following:
(1)
All areas within 75 feet of the ordinary high-water mark of a "perennial
stream" as shown on USGS 7.5 minute topographic maps for the Village
of Johnson Creek and its environs;
(2)
All areas within 50 feet of the ordinary high-water mark of an "intermittent
stream" or "open channel drainageway" as shown on USGS 7.5 minute
topographic maps for the Village of Johnson Creek and its environs.
B.
Purpose of drainageway protection requirements. Drainageways serve
in the transporting of surface runoff to downstream areas. As such,
drainageways serve to carry surface waters, supplement floodplain,
wetland and lakeshore water storage functions in heavy storm or melt
events, filter waterborne pollutants and sediments, promote infiltration
and groundwater recharging, and provide a unique habitat at the land/water
margin. Drainageway protection requirements preserve each of these
functions as well as greatly reducing the potential for soil erosion
along drainageways by protecting vegetative ground cover in areas
which are susceptible to variable runoff flows and moderate to rapid
water movement.
C.
Determination of drainageway boundaries. General drainageway boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a drainageway depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 250-127C(8). This analysis shall depict the location of all drainageway areas on the subject property as related to the provisions of Subsection A above.
D.
Mandatory drainageway protection requirements. Drainageways shall remain in an undisturbed state except for the land uses permitted per the requirements in § 250-45. Vegetation clearing to maintain drainageway functions is permitted with the written approval of the Department of Public Works. All areas designated as drainageways shall be located within a public easement or dedication for maintenance purposes to preserve proper drainage flow.
A.
Definition. Woodlands are areas of trees whose combined canopies
cover a minimum of 80% of an area of one acre or more, as shown on
air photos for the Village of Johnson Creek and its environs.
B.
Purpose of woodland protection requirements. Woodlands provide a
wide variety of environmental functions. These include atmospheric
benefits such as removing airborne pollutants, carbon dioxide uptake,
oxygen production, and evapotranspiration returns. Water quality benefits
include substantial nutrient uptake rates (particularly for nitrogen
and phosphorus) and surface runoff reduction in terms of both volumes
and velocities. Woodlands provide unique wildlife habitats and food
sources. Woodlands are excellent soil stabilizers, greatly reducing
runoff-related soil erosion. Woodlands also serve to reduce wind velocities,
which further reduces soil erosion. Finally, under proper management
techniques, woodlands serve as regenerative fuel sources.
C.
Determination of woodland boundaries. General woodland boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a woodland depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 250-127C(8). This analysis shall depict the location of all woodland areas on the subject property as related to the provisions of Subsection A above.
D.
Mandatory woodland protection requirements. Woodlands shall remain in an undisturbed state except for the land uses permitted per the requirements of § 250-45 and areas subject to the following mitigation requirements. Selective cutting operations are permitted by right in all woodland areas (per the requirements of § 250-37F). Clear cutting is permitted as a conditional use in all woodland areas (per the requirements of § 250-37G).
A.
Definition. Steep slopes are areas which contain a gradient of 12%
or greater (equivalent to a ten-foot elevation change in a distance
of 83 feet or less), as shown on USGS 7.5 minute topographic maps
for Johnson Creek and its environs.
B.
Purpose of steep slope protection requirements. Steep slopes are
particularly susceptible to damage resulting from site disruption
primarily related to soil erosion. Such damage is likely to spread
to areas which were not originally disturbed. Such erosion reduces
the productivity of the soil, results in exacerbated erosion downhill,
and results in increased sedimentation in drainageways, wetlands,
streams, ponds and lakes. Beyond adversely affecting the environmental
functions of these resource areas, such sedimentation also increases
flood hazards by reducing the floodwater storage capacity of hydrological
system components, thus elevating the flood level of the drainage
system in affected areas. Beyond these threats to the public safety,
disruption of steep slopes also increases the likelihood of slippage
and slumping – unstable soil movements which may threaten adjacent
properties, buildings, and public facilities such as roads and utilities.
C.
Determination of steep slope boundaries. General steep slope boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a steep slope depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 250-127C(8). This analysis shall depict the location of all steep slope areas on the subject property as related to the provisions of Subsection A above.
A.
Purpose. The Village of Johnson Creek recognizes that consequences
of certain land use activities, whether intentional or accidental,
can seriously impair groundwater quality. The purpose of the municipal
well recharge area overlay district (MW) is to protect municipal groundwater
resources from certain land use activities by imposing appropriate
restrictions upon lands located within the approximate groundwater
recharge area of the Village's municipal wells, either existing or
planned. The restrictions imposed in this section are in addition
to those of the underlying zoning district or any other provisions
of this chapter. This section is established per § NR 811.16,
Wis. Adm. Code.
B.
Overlay zones. The municipal well recharge area overlay district
is determined by modeling contained in the report entitled "Village
of Johnson Creek Well Head Protection Plan" and is indicated by Zone
MW on the Official Zoning Map. Zone MW is identified as the primary
source of water for the municipal well aquifer and as the most likely
to transmit groundwater contaminants to the municipal wells.
C.
Land use regulations. The following land use regulations are in addition
to the land use regulations established for the underlying zoning
district:
(1)
Prohibited uses. The following uses have a high potential to contaminate
groundwater or have already caused groundwater contamination in Wisconsin
and elsewhere. Therefore, the following principal or accessory uses
are prohibited within the MW District:
(a)
Agricultural use of pesticides, insecticides or fungicides.
(b)
Areas for dumping or disposal of garbage, refuse, trash or demolition
material.
(c)
Application of fertilizer to manicured lawns or grasses in excess
of the nutrient requirements of the grass.
(d)
Asphalt product manufacturing plants.
(e)
Automobile laundries and car washes.
(f)
Automobile service stations.
(g)
Building materials and products sales.
(h)
Cartage and express facilities.
(i)
Cemeteries.
(j)
Chemical storage, sale, processing or manufacturing.
(k)
Commercial exterior storage of any objects containing petroleum
or other hazardous fluids.
(l)
Dry-cleaning establishments.
(m)
Electronic circuit assembly plant.
(n)
Electroplating plants.
(o)
Exterminating shop/business.
(p)
Fertilizer manufacturing plants.
(q)
Foundries and forge plants.
(r)
Garages for repair and servicing of motor vehicles, including
body repair, painting or engine rebuilding.
(s)
Highway salt storage areas.
(t)
Industrial liquid waste storage areas.
(u)
Intensive agriculture (i.e., locations of livestock confinement
exceeding three head per acre).
(v)
Junkyards and auto graveyards.
(w)
Landfills.
(x)
Metal reduction and refinement plants.
(y)
Mining operations.
(z)
Motor and machinery service and assembly shops.
(aa)
Motor freight terminals.
(bb)
Motorized trails, such as snowmobile or RV trails.
(cc)
Paint products manufacturing.
(dd)
Petroleum products storage or processing.
(ee)
Photography studios, including the development of film and pictures.
(ff)
Plastics manufacturing.
(gg)
Printing and publishing establishments.
(hh)
Pulp and paper manufacturing.
(ii)
Recycling facilities.
(jj)
Residential dwelling units on lots less than 8,000 square feet
in area. However, in any residential district on a lot of record on
the effective date of this chapter, a single-family dwelling may be
established regardless of the lot size, provided there is compliance
with all other requirements of the chapter.
(kk)
Sewage disposal sites.
(ll)
Septic waste/sewage sludge land spreading.
(mm)
Sludge disposal sites.
(nn)
Storage, manufacture or disposal of toxic or hazardous materials.
(oo)
Underground petroleum products storage tanks.
(pp)
Unsewered residential development.
(qq)
Woodworking and wood products manufacturing.
(2)
Conditional uses. The following uses may be allowed as a conditional use (per the requirements of § 250-124):
(3)
Separation distances. The separation distances for particular land
uses established by § NR 811.16(4)(d), Wis. Adm. Code, are
hereby established.
D.
Additional land use regulations:
(1)
Sewered and unsewered residential uses with a maximum lot area of
20,000 square feet are allowed to have an area of manicured lawn or
grass up to 15,000 square feet.
(2)
All storage water shall be retained on site. Stormwater shall be
discharged to settling ponds where it will percolate through at least
six inches of topsoil. Use of dry wells or other subsurface drains
for stormwater is prohibited.
(3)
All aboveground petroleum product storage tanks shall provide leakproof
containment equal to 125% of the tank volume.
(4)
Pesticide, insecticide or fungicide storage is permitted for "on
farm" use by the owner or farm operator only.
(5)
Bulk liquid pesticide, insecticide, fungicide or fertilizer storage
in excess of 55 gallons is prohibited except in containment areas
not less than 125% of the volume of the largest container. Short-term
storage of one week or less is permitted in ICC-approved transport
containers.
(6)
Animal waste, septic and sewer sludge shall not be applied at rates
exceeding the nutrient requirements of the crop growing on the application
site. Application of these materials to frozen or snow-covered ground
is prohibited.
(7)
All commercial and industrial uses are allowed a maximum of 50% of
lot area to be maintained in manicured lawn or grass. However, the
area of the lot in manicured lawn or grass shall not exceed the area
of other naturalized pervious surfaces on the lot.
(8)
Except for existing lots of record on the effective date of this
chapter or developments that will be served by municipal sewer within
five years of the approval of the development, unsewered residential
uses shall have a minimum lot size of two acres. Lots smaller than
two acres may be approved, provided that sufficient land area will
be maintained in an undeveloped state so that no more than one residence
is allowed for each two acres of the overall development.
E.
Enforcement. Any person, firm or corporation who fails to comply
with the provisions of this section shall be subject to the Village's
standard zoning violation penalties for each violation, plus the costs
of prosecution. Any person, firm or corporation, in default of payment
of such forfeiture and costs, shall be imprisoned in the county jail
until payment is made, but not exceeding 30 days, or alternatively
shall have those costs added to their real property as a lien against
the property. Each day a violation exists or continues shall constitute
a separate offense.
