All development in the City of Franklin shall comply with the natural resource protection standards set forth in Table 15-4.0100. All the natural resources required to be protected under this Division 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 Division of this Ordinance. Any person or entity violating any provision of this Part 4 and any property owner upon whose property there exists or occurs a violation of this Part 4, shall be subject to the penalty and remedy provisions of Division 15-9.0500 of this Ordinance. In addition, the provisions of this Part 4 may be enforced by the City by way of all other legal and equitable remedies and the undertaking by the City to cure any violations or complete any plans, work or measures in furtherance thereof, with the costs of such undertaking to be assessed against the property owner and entered upon the tax roll pursuant to the procedures for a special charge under § 66.0627, Stats. Any violation of this Part 4 is hereby declared to be a public nuisance.
[Amended 6-28-2016 by Ord. No. 2016-2224]
A.
Steep Slopes. Steep slopes are defined in Division
15-11.0100 of this Ordinance. Steep slopes shall be measured and graphically
indicated 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 Division 15-11.0100 of this Ordinance.
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 Zoning Administrator, the second source shall be used:
1.
Topographic survey prepared by and certified by
a Wisconsin registered land surveyor at a contour interval of not
less than two feet.
2.
Large scale one inch equals 100 feet City of Franklin
topographic maps.
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Table 15-4.0100
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Natural Resource Protection Standards
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Natural Resource Feature
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Zoning District Type
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Agricultural (g)
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Residential (a), (g)
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Nonresidential (b), (g)
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Protection Standard
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Mitigation Permitted
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Protection Standard
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Mitigation Permit- ted
|
Protection Standard
|
Mitigation Permitted
| |
|
Steep Slopes:
10-19%
20-30%
+30%
|
0%
65% (d)
90% (d)
|
N/A
No
No
|
60% (d)
75% (d)
85% (d)
|
No
No
No
|
40% (d)
70% (d)
80% (d)
|
No
No
No
|
|
Woodlands & Forests:
Mature
Young
|
70% (d)(e)
50% (d)(e)
|
No
No
|
70% (d)(e)
50% (e)
|
No
Yes
|
70% (e)
50% (e)
|
Yes
Yes
|
|
Lakes & Ponds
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100% (d)
|
No
|
100%
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Yes
|
100%
|
Yes
|
|
Streams
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100% (c)(d)
|
No
|
100% (c)(d)
|
No
|
100% (c)(d)
|
No
|
|
Shore Buffers
|
100% (c)(d)
|
No
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100% (c)(d)
|
No(f)
|
100% (c)(d)
|
No(f)
|
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Flood- plains/ Flood- ways
|
100% (c)(d)
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No
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100% (c)(d)
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No
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100%(c)
|
Yes
|
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Wetlands & Shoreland Wetlands
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100% (c)(d)
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No
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100% (c)(d)
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No
|
100% (c)
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Yes
|
|
Wetland Buffers
|
100% (c)(d)
|
No
|
100% (c)(d)
|
No
|
100% (c)
|
Yes
|
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Notes:
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N/A = Not Applicable
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(a)
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Including residential "Planned Development Districts" (or residential portions thereof). Where mitigation is permitted, said mitigation shall meet the intent of § 15-4.0103 of this Unified Development Ordinance unless specified otherwise in this footnote. Said natural resource protection standards shall not be applicable to essential services and their associated easements (as defined in § 15-11.0103 of this Ordinance); however, areas of disturbance of natural resource features to provide for said essential services shall be restored to the restoration standards of § 15-4.0102I of this Ordinance immediately following the construction of the essential service(s). Private roads, public rights-of-way for arterial streets, highways, collector streets, and minor streets within the boundaries of a residential development site are considered residential development for the purposes of Part 4 of this Ordinance. See § 15-3.0607 for permitted and special uses allowed in the SW Shoreland Wetland Overlay District. Also see § 15-9.0110 and § 15-10.0208 of this Ordinance for Special Exceptions to the shore buffer, navigable water-related, wetland, wetland buffer and wetland setback requirements of this Ordinance and for improvements or enhancements to natural resource features.
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(b)
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Including non-residential "Planned Development Districts" (or non-residential portions thereof). Where mitigation is permitted, said mitigation shall meet the intent of § 15-4.0103 of this Unified Development Ordinance unless specified otherwise in this footnote. Said natural resource protection standards shall not be applicable to essential services and their associated easements (as defined in § 15-11.0103 of this Ordinance); however, areas of disturbance of natural resource features to provide for said essential services shall be restored to the restoration standards of § 15-4.0102I. of this Ordinance immediately following the construction of the essential service(s). Private roads, public rights-of-way for arterial streets, highways, collector streets, and minor streets within the boundaries of a residential development site are considered residential development for the purposes of Part 4 of this Ordinance. See 15-3.0607 for permitted and special uses allowed in the SW Shoreland Wetland Overlay District. Also see 15-9.0110 and 15-10.0208 of this Ordinance for Special Exceptions to the shore buffer, navigable water-related, wetland, wetland buffer and wetland setback requirements of this Ordinance and for improvements or enhancements to natural resource features.
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(c)
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Except as may otherwise be allowed under this Ordinance, including,
but not limited to, its provisions for special exceptions, variances
and permitted and special uses. Structural support(s) consisting of
piers and/or abutments for bridges shall be allowed to be placed within
shore buffers, wetland buffers, and wetland setbacks provided that
areas of disturbance of natural resource features to provide for said
structural supports shall be restored to the restoration standards
of § 15-4.0102I. of this Ordinance immediately following
the construction. The Permitted and Special Uses set forth within
the SW Shoreland Wetland Overlay Zoning District regulations at § 15-3.0607
of this Ordinance shall and may be allowed as permitted and special
uses within this natural resource feature, subject to footnote (f),
below; provided, however, that areas of disturbance of the natural
resource feature to construct such use, though not being a part of
the installed structure, shall be restored to the restoration standards
of § 15-4.0102I. of this Ordinance immediately following
the construction and that the area of any impermeable surface or other
permanent structure installation which permanently displaces any area
of a natural resource feature shall be mitigated. Upon the denial
of a Special Use application for a listed SW District Special Use,
no Special Exception may be subsequently granted for such use.
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|
(d)
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Resource protection percentages indicated in this Table represent
the portion of the total natural resource feature present on a site
which shall be preserved.
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(e)
|
All woodland and forest areas are at all times subject to these
natural resource protection standards. The clearing or removal of
trees within a woodland or forest area is development and subject
to these natural resource protection standards. All such removal and
clearing development shall comply with these natural resource protection
standards. Any proposed changes to woodland and forest resources are
a change of use and require the issuance of a Zoning Compliance Permit
in order to assure that required protection levels are met under the
standards set forth under this Unified Development Ordinance.
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|
(f)
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Mitigation shall be allowed in shore buffers and streams only
in cases of crossings (street, bicycle or pedestrian) which are determined
to be in the best interests of the City and which crossings are at
or near a 90° angle, measured in conjunction with the methodology
set forth in 15-4.0102E. of Part 4 of this Ordinance, to the water
resource to be crossed. The area of a shore buffer which is disturbed
for a crossing and which area is not restored, shall be mitigated.
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(g)
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Notwithstanding anything to the contrary set forth in this Ordinance,
all public (Federal, State, County, and City owned) streets, sidewalks
and trails construction shall not constitute "development" subject
to the natural resource features protection standards under this Ordinance,
and the creation and later existence thereof shall not require the
grant of a special exception to the provisions of this Ordinance for
natural resource features protection; provided, however, that no public
street, sidewalk or trail construction may occur unless an application
for same is approved by the Common Council. The Common Council may
approve and grant such application provided that: i) such street,
sidewalk or trail is designed and constructed by or under the direction
of the respective governmental entity; ii) all other required governmental
permits and approvals, including, but not limited to those required
by the Wisconsin Department of Natural Resources (and subject to the
approved wetland determination/delineation application requirements
of the WIDNR effective June 1, 2016 as may be applicable) and the
U.S. Army Corps of Engineers; iii) all remaining areas of natural
resource features disturbed by such construction shall be restored
to the restoration standards of § 15-4.0102I. of this Ordinance;
iv) that such public street, sidewalk and trail shall be designed
and reviewed pursuant to a practicable alternatives analysis in a
priority manner to first consider alternative locations, second to
minimize the amount of disturbance, and third to include mitigation
in such instances where impact to particularly important natural resource
features, including, but not limited to Southeastern Wisconsin Regional
Planning Commission designated Primary Environmental Corridor, Secondary
Environmental Corridor and Isolated Natural Resource Area lands, is
unavoidable; and v) with regard to woodlands and forests, the City
Forester shall perform an on-site inspection of the area(s) proposed
to support the street, sidewalk or trail, consider the practicable
alternatives analysis under iv) above applicable thereto, and recommend
thereupon to the Common Council for its consideration of the subject
matter application. A determination by the Common Council upon an
application shall be made upon consideration as to whether the application
proposal is reasonable and necessary in the public interest and that
the provision of safe and efficient transportation and connectivity
public improvements outweighs the public interest in the complete
protection of natural resource features under all the circumstances
presented. The Common Council may conditionally approve an application
as it determines reasonably necessary.
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B.
Woodlands and Forests. Woodlands and forests (mature
and young) are defined in Division 15-11.0100 of this Ordinance. Woodlands
and forests shall be measured and graphically indicated on the "Natural
Resource Protection Plan." Such woodland and forest area drawing shall
indicate all woodland and forest areas of the property. The determination
of woodland and forest boundaries shall be based on the sources in
the order indicated below. If the first source is considered inaccurate
or inappropriate, as determined by the Zoning Administrator, the succeeding
source shall be used:
1.
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.
The location, size, and species of all healthy trees having a diameter
of eight inches or greater Diameter at Breast Height (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.
2.
One inch equals 400 feet aerial photographs prepared
by the Southeastern Wisconsin Regional Planning Commission (SEWRPC)
and available from SEWRPC (most recent date only).
C.
Lakes and Ponds. Lakes and ponds are to be determined
through the use of the definitions of "Lake" and "Pond" as set forth
in Division 15-11.0100 of this Ordinance and the sources in the order
indicated below. If the first source is considered inaccurate or inappropriate,
as determined by the Zoning Administrator, the succeeding source shall
be used:
1.
Topographic survey prepared by and certified by
a Wisconsin registered land surveyor at a contour interval of not
less than two feet.
2.
Large scale one inch equals 100 feet City of Franklin
topographic maps.
3.
U.S.G.S. 7.5-minute topographic quadrangle maps.
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The area of lakes and ponds (in square feet or acres) shall
be measured and graphically delineated on the "Natural Resource Protection
Plan."
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D.
Streams. Streams, as defined in Division 15-11.0100
of this Ordinance, are to be determined through the use of the definitions
of "Channel" and "Stream" (see Division 15-11.0100 of this Ordinance)
and the sources in the order indicated below. If the first source
is considered inaccurate or inappropriate, as determined by the Zoning
Administrator, the succeeding source shall be used:
1.
Topographic survey prepared by and certified by
a Wisconsin registered land surveyor at a contour interval of not
less than two feet.
2.
Large scale one inch equals 100 feet City of Franklin
topographic maps.
3.
U.S.G.S. 7.5-minute topographic quadrangle maps.
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The area of streams (in square feet and acres) shall be measured
and graphically delineated on the "Natural Resource Protection Plan."
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E.
Shore Buffers. Shore buffers, as defined in Division
15-11.0100 of this Ordinance, are to be determined as the undisturbed
land area (including undisturbed natural vegetation) within 75 feet
landward of the ordinary high water mark of all navigable waters (lakes,
ponds, and streams) and parallel to that ordinary high water mark.
Shore buffers do not include any area of land adjacent to any stream
enclosed within a drainage structure, such as a pipe or culvert. The
area of shore buffers (in square feet and acres) shall be measured
and graphically delineated on the "Natural Resource Protection Plan."
A shore buffer is also a setback.
F.
Floodplain/Floodway. Floodplains and floodways are
defined in Division 15-11.0100 this Ordinance. The one-hundred-year
recurrence interval floodplain and floodways shall be determined as
depicted on the large-scale City of Franklin "Official Zoning Map"
with topography overlay. The boundaries of unnumbered A zones shall
be determined by use of the scale contained on the City of Franklin
"Official Zoning Map" dated May 18, 1982 as amended. Where a conflict
exists between the floodplain limits as shown on the City of Franklin
"Official Zoning Map" and actual field conditions, the elevations
from the one-hundred-year recurrence interval flood profiles contained
in the published Flood Insurance Study — City of Franklin, Wisconsin
prepared by the Federal Emergency Management Agency (FEMA) dated January
6, 1981 as officially amended shall be used.
G.
Wetlands and Shoreland Wetlands. Wetlands and shoreland
wetlands are defined in Division 15-11.0100 of this Ordinance. 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 Zoning Administrator, the succeeding
source shall be used. All wetland boundary determinations shall be
consistent with the procedures identified in the publication titled
U.S. Army Corps of Engineers Wetland Delineation Manual — Final
Report dated January 1987, as amended from time to time. No wetland
delineation shall be valid for any purpose required under this Ordinance
after the expiration of five years from the date the delineation was
performed. While wetland delineations performed within the five years
preceding the submission of use thereof where required under this
Ordinance are generally acceptable to meet the purposes for which
such delineation is required, a current re-delineation may be required
where there exists extrinsic evidence of or cause to reasonably believe
that such original delineation is incorrect or that the wetland boundary
has changed substantially, considering the size and quality of the
wetland and the circumstances of any proposed development impact upon
the wetland, since the original delineation. The area of wetlands
and shoreland wetlands (in square feet and acres) shall be measured
and graphically delineated on the "Natural Resource Protection Plan."
1.
Field survey of plant material by a botanist with
a professional degree in either botany or biology.
2.
One inch equals 400 feet aerial photographs prepared
by the Southeastern Wisconsin Regional Planning Commission (SEWRPC)
and available from SEWRPC (most recent date only).
3.
Wetland inventory maps prepared for the City of
Franklin as part of the "Wisconsin Wetland Inventory" prepared by
the Wisconsin Department of Natural Resources as amended."
H.
Wetland Buffers. Wetland buffers, as defined in
Division 15-11.0100 of this Ordinance, are to be determined as the
undisturbed land area (including undisturbed natural vegetation) within
30 feet landward of the delineated boundary of any wetland and parallel
to that delineated wetland boundary. Delineated wetland boundaries
shall be determined as set forth in § 15-4.0102H. of this
Ordinance. The area of wetland buffers (in square feet and acres)
shall be measured and graphically delineated on the "Natural Resource
Protection Plan." Disturbance of a wetland as may be specifically
allowed under this Ordinance also allows for the disturbance of the
appurtenant wetland buffer upon the same terms and conditions, unless
otherwise specifically provided under this Ordinance or an approval
granted hereunder.
I.
Wetland Setbacks. Wetland setbacks are defined in
Division 15-11.0100 of this Ordinance. If construction or disturbance
occurs in that area of land which lies between the landward edge of
the required wetland buffer and the required wetland setbacks then:
1.
Permanent vegetative cover shall be established
or reestablished and maintained throughout the remaining area (or
adjacent to that area, as applicable in the case of the construction
of stormwater management facilities and stormwater quality ponds)
in which the construction or disturbance is located. The vegetative
cover required under this Section shall be sufficient to provide filtering
of pollutants from up slope overland flow areas. Seeding of non-aggressive
vegetative cover shall be used and native vegetation is preferable.
Turf grasses are prohibited. The vegetative cover within such area
of the wetland setback which is outside of the wetland buffer may
be mowed and otherwise similarly maintained.
2.
Non-vegetative materials, such as rock rip-rap,
may be employed as necessary to prevent erosion such as on steep slopes
or where high velocity flows occur.
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Disturbance of a wetland buffer as may be specifically allowed
under this Ordinance also allows for the disturbance of the appurtenant
wetland setback upon the same terms and conditions, unless otherwise
specifically provided under this Ordinance or an approval granted
hereunder. The area of wetland setbacks (in square feet and acres)
shall be measured and graphically delineated on the "Natural Resource
Protection Plan".
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J.
Exemptions. The following artificial wetlands are
exempt from the wetland provisions of Part 4 of this Ordinance unless
the Wisconsin Department of Natural Resources determines, under the
provisions set forth under NR 103.06(4) of the Wisconsin Administrative
Code, that the artificial wetland has significant functional values
or uses under NR 103.03 (1)(e), (f) or (g) of the Wisconsin Administrative
Code:
1.
Sedimentation and stormwater detention basins and
associated conveyance features operated and maintained only for sediment
detention and flood storage purposes.
2.
Active sewage lagoons, cooling ponds, waste disposal
pits, fish rearing ponds and landscape ponds.
3.
Actively maintained farm drainage and roadside ditches.
4.
Artificial wetlands within active nonmetallic mining
operations.
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However, the above exemptions do not exempt existing sedimentation
and stormwater detention basins, sewage lagoons, cooling ponds, waste
disposal pits, fish rearing ponds, and landscape ponds from the lakes
and ponds protection standards provisions of this Ordinance as set
forth in Tables 15-3.0503 and 15-4.0100 for the purposes of the performance
of site intensity and capacity calculations for residential and nonresidential
development to determine maximum permitted density yields and/or maximum
permitted floor area yields of sites.
|
K.
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 Ordinance 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 15-4.0100 "Natural Resource Protection Standards" of this
Ordinance 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 Division 15-3.0500 of this Ordinance. 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% (100% is the resource protection standard for a floodplain)
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 City of Franklin recognizes
that, under certain circumstances, property owners, Subdividers, or
non-residential Condominium Developers may wish to develop in portions
of those protected natural resource features areas that are shown
as eligible for mitigation as indicated at Table 15-4.0100. In Paragraph
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 15-4.0100. The
intent of this Section is not to provide for or allow mitigation under
all circumstances, but rather to set specific standards to be applied
only under certain circumstances when the extent of or the nature
of the natural resources features on a site, when balanced against
the benefit of the proposed development to the community, considering
practicable alternatives available for the development, render strict
application of the natural resource protection regulations to such
natural resource features to be unreasonable and that such natural
resources features may be better preserved and/or enhanced by using
a more permissive mitigation approach, so that the functional values
of natural resource features will be preserved or enhanced in co-existence
with development.
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 15-4.0100:
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, or portion thereof, of
disturbed woodland/forest for which mitigation is required. The new
woodland/forest shall survive at least two growing seasons, or shall
be replaced.
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 Paragraph (a) above,
using the following numbers of plants per acre of mitigated area:
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10 canopy trees, minimum 4-inch caliper*
|
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25 canopy trees, minimum 2.5-inch caliper*
|
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100 canopy trees, minimum 5-foot high whips
|
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35 understory trees, minimum 5-foot high whips
|
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30 shrubs, minimum 12 inches high
|
|
*Note: Four-inch caliper canopy trees may be substituted with
twelve-foot high evergreen trees; 2.5-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 Ordinance, shall reduce the woodland/forest natural resource
features protection requirements of this Ordinance.
2.
Lakes and Ponds. Lakes and ponds may be mitigated
as may be permitted under the requirements of this Ordinance. Where
permitted under the requirements of this Ordinance, 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 City
Engineer approved stormwater drainage system that meets, at a minimum,
all of the following criteria:
3.
Floodplains. Floodplains may be mitigated as may
be permitted under the requirements of this Ordinance.
4.
Wetlands and Shoreland Wetlands. Wetlands and shoreland wetlands as may be permitted under the requirements of this Ordinance. In addition, a permit from the U.S. Army Corps of Engineers pursuant to the requirements of § 404 of the Clean Water Act (33 U.S.C. 1344) shall be submitted to the City of Franklin certifying that filling has been approved and permitted by the Corps, as a condition of City review. No person shall deposit any solid fill or other solid material into any wetland unless a "Natural Resource Protection Plan" in full compliance with this Unified Development Ordinance as determined by City staff has been filed and such filling has been previously permitted by the City of Franklin pursuant to the mitigation provisions of this Part 4, any prior special use approval, special exception or variance granted by the City of Franklin, and all required state and federal permits. Mitigation of any wetland where permitted, allowed or required under this Part 4 shall be made at a ratio of 1.5 times the wetland buffer acreage permanently disturbed (which means 1.5 acres of compensation for each acre of impacted wetland).
5.
Wetland Buffers. Disturbed wetland buffers may be mitigated (as allowed by this Part 4 for non-residential development or required by a grant of Special Exception for residential development) by the restoration of the disturbed wetland buffer to a wetland buffer of equal or greater quality than that existing prior to disturbance and/or through expansion of other existing wetland buffer and/or creation of new wetland buffer on the same property on which the wetland buffer disturbance occurred. Where new wetland buffer is created or expanded, mitigation requires new/expanded wetland buffer at a ratio of 1.5 times the wetland buffer acreage permanently disturbed. Restored and created new wetland buffer shall be planted with native plant species and provide for soils of equal or greater quality than those found in the disturbed wetland buffer. Restored and created new wetland buffer shall comply with the minimum width of 30 feet as required under § 15-4.0102H. of this Part 4.
6.
Shore Buffers. Disturbed shore buffers may be mitigated
(as may be permitted, allowed or required by this Part 4 or required
by a grant of Special Exception) by the restoration of the disturbed
shore buffer to a shore buffer of equal or greater quality than that
existing prior to disturbance and/or through expansion of other existing
shore buffer and/or creation of new shore buffer on the same property
on which the shore buffer disturbance occurred. Where new shore buffer
is created or expanded, mitigation requires new/expanded shore buffer
at a ratio of 1.5 times the shore buffer acreage permanently disturbed.
Restored and created new shore buffer shall be planted with native
plant species and provide for soils of equal or greater quality than
those found in the disturbed shore buffer.
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 the Plan Commission determines that
on-site mitigation is unavailable or less beneficial to the environment
than the mitigation proposed to occur off-site. Off-site mitigation
outside of the same subwatershed as the natural resource feature or
property being mitigated, may be permitted by the Plan Commission
provided that such off-site mitigation occurs within the City and
the Plan Commission determines that off-site mitigation within the
same subwatershed is unavailable or less beneficial to the functional
values of the natural resource feature type being mitigated or less
beneficial to the environment or to living creatures than the mitigation
proposed to occur outside of the same subwatershed. All mitigation
shall follow the methods, requirements, standards, and/or criteria
set forth under Paragraph B of § 15-4.0103 of this Ordinance.
D.
Performance Surety. The Plan Commission or Common
Council may require a Letter of Credit or another surety, as approved
by the City Attorney, to insure compliance with Natural Resource Protection
Standards.
