All new development (including building and/or site improvements), additions to existing development (including building and/or site improvements), all new certified survey maps, subdivision plats, or condominiums in all zoning districts created in the Town of Barton (except as may be excluded under § 500-60C of this chapter) shall comply with the resource protection standards set forth in Table 500-109. 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 where that mitigation is in strict accord with those requirements set forth in this article of this chapter.
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Table 500-109
Natural Resource Protection Standards
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Natural Resource Feature
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Zoning District Type
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Agricultural
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Residential (c)
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Nonresidential (d)
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Protection Standard
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Mitigation Permitted
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Protection Standard
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Mitigation Permitted
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Protection Standard
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Mitigation Permitted
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Steep slopes:
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10% to 19%
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0%
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N/A
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0%
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No
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0%
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No
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20% to 30%
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0%
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No
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0%
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No
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0%
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No
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>30%
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0%
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No
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0%
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No
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0%
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No
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Woodlands and forests (a):
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Mature
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0%
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No
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70%
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Yes
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70%
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Yes
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Young
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0%
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No
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50%
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Yes
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50%
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Yes
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Lakes and ponds
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100%
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No
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100%
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No
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100%
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No
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Streams
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100%
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No
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100%
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Yes
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100%
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Yes
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Shore buffers (a)
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100% (a)
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No
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100% (a)
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No
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100% (a)
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No
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Floodplains/floodlands (b)
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100%
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No
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100%
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No
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100%
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Yes
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Drainageways
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100%
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No
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30%
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Yes
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30%
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Yes
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Wetlands and shoreland wetlands (a)
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100%
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No
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100%
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No
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100%
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Yes
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NOTES:
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(a)
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As regulated by Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code, as amended.
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(b)
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As regulated by Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code, as amended.
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(c)
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Including residential Planned Unit Development Districts
(or residential portions thereof).
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(d)
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Including nonresidential Planned Unit Development Districts
(or nonresidential portions thereof).
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N/A = Not applicable.
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A.
Steep slopes.
(1)
Steep slopes, as defined in Article XXX of this chapter, 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:
(2)
The area of steep slopes (in square feet or acres) shall be measured and graphically delineated on a topographic drawing and 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 XXX of this chapter.
B.
Woodlands and forests. The definitions of "woodlands" and "forests" (mature and young), as applied to this article, appear in Article XXX of this chapter.
(1)
The determination of woodland and forest boundaries shall be
based on the following sources:
(a)
One inch equals 400 feet aerial photographs prepared by the
Southeastern Wisconsin Regional Planning Commission (SEWRPC) and available
from either SEWRPC or from Washington County (most recent date only);
and
(b)
A field survey of trees compiled by a registered land surveyor
and identified by a landscape architect, forester, arborist, or botanist
with a professional degree in one of those fields of endeavor.
(2)
The area of woodlands and forests (mature and young), in square
feet or acres, shall be measured and graphically delineated on the
natural resource protection plan. Such woodland and forest area drawing
shall indicate all woodland and forest areas of the property. 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 development, 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.
Lakes and ponds.
(1)
Lakes and ponds, as defined in Article XXX of this chapter, are to be determined through the use of the definitions of "lake" and "pond" as set forth in Article XXX of this chapter and the sources 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:
(2)
The area of lakes and ponds (in square feet or acres) shall
be measured and graphically delineated on the natural resource protection
plan.
D.
Streams.
(1)
Streams, as defined in Article XXX of this chapter, are to be determined through the use of the definitions of "channel" and "stream" (see Article XXX of this chapter) and the sources 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:
(2)
The area of streams (in square feet and acres) shall be measured
and graphically delineated on the natural resource protection plan.
E.
Shore buffers. Shore buffers, as defined in Article XXX of this chapter, are to be determined as the land within 75 feet of the ordinary high-water mark of all navigable waters and parallel to that ordinary high-water mark.
(1)
Navigable waters are to be determined through the use of the definition of "navigable water" set forth in Article XXX of this chapter and the sources 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:
(2)
The area of shore buffers (in square feet and acres) shall be
measured and graphically delineated on the natural resource protection
plan.
F.
Floodplain/floodways/floodlands. The definitions of "floodplain," "floodway" and "floodlands" appear in Article XXX of this chapter. The one-hundred-year recurrence interval floodplain and floodways shall be determined as depicted on the Federal Emergency Management Agency's (FEMA) "FIRM: Flood Insurance Rate Map(s)," with the effective date of September 1, 1983, as amended. Where a conflict exists between the floodland limits as shown on the Federal Emergency Management Agency's (FEMA) "FIRM: Flood Insurance Rate Map(s)" and actual field conditions, the elevations from the one-hundred-year recurrence interval flood profiles contained in the published Flood Insurance Study, Washington County, Wisconsin (Unincorporated Areas), prepared by the Federal Emergency Management Agency (FEMA), dated March 1, 1983, shall be used.
G.
Drainageways. Drainageways, as defined in Article XXX 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 those maps cited below, except for areas designated as wetlands, shoreland wetlands, floodlands, floodways, or one-hundred-year recurrence interval floodplains.
(1)
Drainageways 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:
(2)
The area of drainageways (in square feet and acres) shall be
measured and graphically delineated on the natural resource protection
plan.
H.
Wetlands (including shoreland wetlands). Wetlands and shoreland wetlands are defined in Article XXX of this chapter.
(1)
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 source shall be used:
(2)
The area of wetlands and/or shoreland wetlands (in square feet
and acres) shall be measured and graphically delineated on the natural
resource protection plan.
I.
Natural resources measurement. All land area within a proposed development, 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 500-109, Natural Resource Protection Standards, of this chapter to determine the amount of each natural resource feature to be protected by a conservation easement. The methodology, termed "site intensity and capacity calculations," to be used for such calculations is set forth in Article VIII of this chapter. 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 floodlands and woodlands and forests occupy the same space on a site, the natural resource protection standard would be 100% (100% is the resource protection standard for a floodland) 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.
A.
Intent of mitigation. The Town of Barton recognizes that, under certain circumstances, property owners, subdividers, or condominium developers may wish to develop in portions of those protected natural resource feature areas that are shown as eligible for mitigation as indicated in Table 500-109. 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 500-109. 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.
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 500-109:
(1)
Woodlands and forests. Woodlands and forest areas may be mitigated
under either of the following two alternative requirements applicable
to the mitigation of woodland and forest areas:
(a)
Alternative 1:
[1]
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.
[2]
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)[1] above, using the following numbers of plants per acre of mitigated area:
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15 canopy trees, minimum 3.5-inch caliper*
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12 canopy trees, minimum 2-inch caliper
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250 canopy trees, minimum 4-foot-high whips
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50 understory trees, minimum 5-foot-high whips
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25 shrubs, minimum 12 inches high
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*NOTE: Each 3.5-inch-caliper canopy tree may be substituted
with two 1.5-inch-caliper canopy trees.
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(b)
Alternative 2:
[1]
Mitigation shall include the planting of 1.50 acres of new woodland/forest
for every one acre of disturbed woodland/forest for which mitigation
is required.
[2]
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)(b)[1] above, using the following number of plants per acre of mitigated area:
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12 canopy trees, minimum 3.5-inch caliper*
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10 canopy trees, minimum 2-inch caliper
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200 canopy trees, minimum 4-foot-high whips
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40 understory trees, minimum 5-foot-high whips
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20 shrubs, minimum 12 inches high
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*NOTE: Each 3.5-inch-caliper canopy tree may be substituted
with two 1.5-inch-caliper canopy trees.
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(c)
The species of plants to be used in the mitigation of woodlands/forests
shall be similar to those that are destroyed, and a minimum mix of
six species are to be planted. Acceptable species for woodland and
forest mitigation are as indicated in Table 500-111. No more than
80% of the total number of trees planted for mitigation purposes,
however, shall be of the any single species.
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Table 500-111
Tree Species for Woodland and Forest Mitigation
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Species
Common Name
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Species
Scientific Name
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Sugar maple
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Acer saccharum
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Bitternut hickory
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Carya cordiformis
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Hackberry (sugarberry)
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Celtis accidentalis
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Butternut
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Juglans cinerea
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Black walnut
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Juglans nigra
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Eastern hophornbeam
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Ostrya virginiana
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Black cherry
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Prunus serotina
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White oak
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Quercus alba
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Red oak
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Quercus borealis
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American basswood
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Tilia americana
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American elm
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Ulmus americana
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Slippery elm
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Ulmus rubra
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(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)
Lakes and ponds. Lakes and ponds may be mitigated as may be permitted under the requirements of Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code, as amended. Where permitted under the requirements of Chapter 23 of the Washington County Code, as amended, 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 Town Engineer approved stormwater drainage system that meets, at a minimum, all of the following criteria:
(3)
Floodplains, floodways, and floodlands. Floodplains, floodways, and floodlands may be mitigated as may be permitted under the requirements of Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code, as amended.
(4)
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 Town 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 stream bank erosion through the provision
of erosion control measures.
(e)
Additional water is not backed up onto adjoining properties.
(5)
Wetlands and shoreland wetlands. As may be permitted under the requirements of Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code, as amended. 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 Town of Barton certifying that filling has been approved and permitted by the Corps, as a condition of Town review.
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 and follows the methods, requirements, standards, and/or criteria set forth under Subsection B of this section.
