The Common Council may alter, supplement or change the district
boundaries and the regulations contained in this chapter in accordance
with the requirements of § 62.23(7)(d)2, Wis. Stats., Ch.
NR 117, Wis. Adm. Code, and the following:
(1)
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the Department within five days
of the submission of the proposed amendment to the municipal planning
agency.
(2)
All proposed text and map amendments to the shoreland-wetland zoning
regulations shall be referred to the municipal planning agency, and
a public hearing shall be held after Class 2 notice as required by
§ 62.23(7)(d)2, Wis. Stats. The appropriate district office
of the Department shall be provided with written notice of the public
hearing at least 10 days prior to such hearing.
(3)
In order to ensure that this chapter will remain consistent with
the shoreland protection objectives of § 281.31, Wis. Stats.,
the Common Council may not rezone a wetland in a Shoreland-Wetland
Zoning District, or any portion thereof, where the proposed rezoning
may result in a significant adverse impact upon any of the following
wetland functions:
(a)
Stormwater and floodwater storage capacity;
(b)
Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
(c)
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
(d)
Shoreline protection against erosion;
(e)
Fish spawning, breeding, nursery or feeding grounds;
(f)
Wildlife habitat; or
(g)
Areas of special recreational, scenic or scientific interest,
including scarce wetland types and habitat of endangered species.
(4)
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection (3) of this section, the Department shall so notify the City of its determination either prior to or during the public hearing held on the proposed amendment.
(5)
The appropriate district office of the Department shall be provided
with:
(a)
A copy of the recommendation and report, if any, of the municipal
planning agency on a proposed text or map amendment within 10 days
after the submission of those recommendations to the Common Council.
(b)
Written notice of the action on the proposed text or map amendment
within 10 days after the action is taken.
(6)
If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection (3) of this section, that proposed amendment, if approved by the Common Council, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by Subsection (5)(b) of this section. If within the thirty-day period the Department notifies the City that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the City as provided by § 62.231(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6), Wis. Stats., is completed or otherwise terminated.
