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ORD1996893COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #893 CREATE SECTION 18.27 OF THE MUNICIPAL CODE OF AN ORDINANCE TO AMEND CHAPTER 18 TO THE CITY OF MUSKEGO (Land Division Ordinance/Wetlands) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 18 of the Municipal Code of the City of Muskego, Wisconsin, is hereby amended to create Section 18.27 as follows: 18.27 WETLANDS. The subdivider shall identify all wetlands as inventoried by the Wisconsin Department of Natural Resources, Corps. of Engineers and Natural Resource Conservation Service. Southeastern Wisconsin Regional Planning Commission, U.S. Army documented on the face of the plat. No structures or parking and Such wetlands or farmed wetlands shall be field verified and drive facilities shall be permitted within 50 feet of the verified boundaries of said wetlands. Activities within the field verified wetland boundaries shall be in keeping with all applicable local, state and federal regulations. be severable. If any section or portion thereof shall be declared SECTION 2: The several sections of this ordinance are declared to by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the decision, and not affect the validity of all other provisions, specific section or portion thereof directly specified in the sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 1996. CITY OF MUSKEGO ATTEST: -a Clerk-Treasurer 5/96 jmb David L. De Angelis, Mayor First Reading 5/14/96 Deferred 5/28/96, 6/11/96, 6/25/96, 1/9/96, 1/23/96 Published on the of ~ day , 1996. To: Common Council MEMO PROM : Matt Sadowski, Director of Planning DATE : June 11, 1996 RE: Wetland Ordinance Review ................................................................ At the May 14, 1996 Public Hearing, many questions were asked by the Council regarding the proposed wetland ordinance. The following is a report on the issues the Council directed staff to research. DEFINITION OF A WETLAND: As the main protector of wetlands is the State of Wisconsin, through NR103 Water Quality Standards for Wetlands, the definition provided is the following: I' NR103.012(5) "Wetlands" means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditione." This definition applies to all wetlands, natural 0"r artificial, public or private as the waters contained within are considered "Waters of the State". Found within the Zoning Ordinance of the City of Muskego which are not adequately drained..." . The Ordinance goes on to (Chap.18:8.17) wetlands are generally defined as "...those areas more precisely define a wetland as "...those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions" (Chap. 18:8.175). It is no coincidence that this definition is the same as that which is found in NR103.012(5) as presented in the previous paragraph. Our ordinance is based upon a State model ordinance and was State mandated by NR115 and NR117. In short, the City does not have statutory authority to develop its own definition of a wetland as NR103, through the enforcement of the Wisconsin DNR, is the regulating authority. This provides a uniform staring point for all local regulation similar to DILHR's Uniform Dwelling Code. COMPONENTS OF A WETLAND: While the definition of a wetland serves to establish a uniform delineated, or just exactly how the wetland limits are arrived at. starting point, it does nothing to shed light on how the wetland is In short, the wetland delineation is based upon the skills of the delineation will analyze a multitude of variables with respect to soils, vegetation and water levels. A thorough knowledge of 0 agency conducting the delineation. The agency conducting the c 7 WETLAND MEMO: PAGE 2 attributes indigenous to wetland environments is required. Each agency may reference one or more guides in determining the approximate limits of a wetland upon inventory of the attributes. Those guides which are referenced in NR103 are "Wetland Evaluation Technique"(FHWA/COE), "Wisconsin Wetland Evaluation Methodology", Methodology for the North Central United States" and the "Wisconsin "Hollands-Magee" (IEP/Normandeau), "Minnesota Wetland Evaluation Department of Natural Resources Rapid Assessment Method". WETLAND SIZE MINIMUMS: NR102 applies to all wetlands regardless of size. Wetlands size is not the prime factor in evaluation. What holds more weight is wetland function: is the wetland a head-water for a stream and is it providing a benefit to the function of the stream; does the wetland provided an environment for endangered species of plants and wildlife; does the wetland serve to recharge the water table; does the wetland enhance water quality; etc. The DNR and Army Corps of Engineers is the final authority on which wetlands are to be preserved. Any wetland filling or alteration must be conducted under their permits. TWO LEVEL OFFSET APPROACH It is possible to develop two separate offset requirements for shoreland wetlands as oppos'ed to isolated wetlands. The greater offset requirement should be required in shoreland areas. In example, the shoreland offset would be at 50 feet and the isolated would be at 25 feet. The standard prescribed by the State in determining shoreland and isolated wetlands is: Shoreland Wetlands -- wetlands within 1000 feet of the ordinary high water mark of navigable lakes, ponds and flowages; wetlands within 300 feet of the ordinary high water mark whichever is greater. Isolated Wetlands -- all others. of a navigable stream, or to the landward side of a flood plain, DNR OPINION WITH REGARD TO OFFSETS NR120 establishes a minimum offset of 66 feet for shoreline buffers. In discussion with Ruth Johnson, Water Resource Rural Non-point Source Coordinator with the DNR, she has emphasized that Depending on the wetland type and the surrounding terrain, 200 feet this is a minimum distance and they (DNR) would like to see more. or more may be appropriate. In general 50 feet was better than the current 10 feet. DO NOT APPLY STANDARD TO MAN-MADE WETLANDS NR103 serves to protect all wetlands of "natural or artificial" origin. However, if we choose, we could decided to apply the same 50 foot standard to only natural as opposed to man-made/artificial wetlands. Man-made wetlands would then have a "0" foot, 10 foot, man-made wetland were a shoreland wetland, or had become a or some other offset that the City would feel appropriate. If the sensitive natural area providing an environment for endangered WETLAM) MEMO: PAGE 3 's, the 50 plant or animal specie warranted. foot or greater set BROOKFIELD ORDINANCE DEFINITION OF A WETLAND :back may be The Brookfield ordinance is the same as Muskego's in reference to the definition of a wetland. BROOKFIELD ORDINANCE COMPENSATION FORMULA AND DEDICATION FEE Brookfield's ordinance 18.06(2)(c) starts by stating that "...wetlands shall be made part of the plat and shown as outlots within the proposed development." The ordinance goes on to state that within the subdivider's agreement entered into between the subdivider and the City, "...the method by which the lands are to be transferred; the time frame and terms under which the land subdivider for the property and for the burden of the transfer is to occur; cash compensation, if any, to be paid to the reservation;..." shall be specified. To insure that there are funds available to the City for the compensation due to wetland outlot transfers, all subdividers are required to 'I... pay a public site fee for parklands and for wetlands at the time of application for final plat or certified survey map approval. 'I The public site fee for parks is $670 for each proposed dwelling unit. The fee for wetlands is $65 for each dwelling unit and $6.50/1000 square feet of lot area for nonresidential developments. All are due at time of application for approval for a final plat or exclusively for the acquisition of wetlands and environmental certified survey map. The wetland funds are to be used 'I.., corridors. . . 'I may require the subdivider to dedicate one acre of wetland for each In lieu of the wetland preservation fee, "...the Plan Commission 8 lots or units of residential development or one acre of wetland for each 77,000 square feet of lot area in a nonresidential development, Io FRANKLIN'S TREATMENT OF ACCESSORY STRUCTURES Franklin's proposed wetland ordinance establishes a required 75 foot offset for primary structures. This offset area is considered their shore yard area. Within the shore yard area, secondary permitted to within five (5) feet of the wetland boundary. Any structures such as shed less that 150 square feet would be thing over 150 square feet would need to be 75 feet off the wetland boundary. I believe this memo address the areas into which the Council requested further information. If not, please let me know.