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PCR2008040 ./PCR2008040_files/filelist.xml RESOLUTION #PC 028-2006 6 pt 6 pt 0 RESOLUTION #P.C. 028040-2008 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTERS 17 AND 18 OF THE MUNICIPAL CODE RELATING TO WETLAND SETBACKS WHEREAS, Chapter 17 regulates zoning regulations and Chapter 18 regulates land division regulations within the City of Muskego, and WHEREAS, The City of Muskego has worked closely with the WDNR and their regulations of wetlands over the past few years although has never officially adopted the setbacks that the DNR wishes to regulate, and WHEREAS, The DNR must concur on any wetland delineation and provide a susceptibility rating of each wetland before the City will approve a land division that has a wetland within the boundaries of said land division, and WHEREAS, Susceptibility ranges from low, medium, to high and each susceptibility category has required setbacks for impervious surfaces and structures from the wetland boundary, and WHEREAS, The proposed setbacks per the susceptibility ratings are as follows: High susceptible wetlands: 75 feet offset required, Medium susceptible wetlands: 50 feet offset required, Low susceptible wetlands: 10 foot offset required, and WHEREAS, A public hearing is scheduled to consider the amendments on April 8, 2008. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached changes to Chapter 17 and 18 of the Municipal Code relating to dedication fees to the Common Council. Plan Commission City of Muskego Adopted: April 1, 2008 Defeated: Deferred: Introduced: April 1, 2008 ATTEST: Kellie Renk, Recording Secretary Attachment #1: Chapter Amendments Add to Chapter 17: 5.02 BUILDING LOCATION [if supportFields]>xe "Offsets"<![endif] [if supportFields]><![endif] (7) Wetland Protection Offset: No building or structure shall hereafter be erected, structurally altered, or relocated so that it is located closer than the distances listed below to a delineated wetland area or within the delineated wetland area. The purpose of this protection offset is to preserve the wetland areas themselves and the environmentally sensitive areas immediately around the wetland areas. These Wetland Protection Offsets are separate and different from any DNR wetland requirements. A. Wetland Protection Offsets Distances: The offset distance is based upon the susceptibility/quality of the wetland. All wetland delineations must receive DNR concurrence, along with the DNR’s determination of the required wetland offset. The distance determined by the DNR becomes the Wetland Protection Offset distance for the purpose of this ordinance. The offsets are as follows: 1. 75 feet - For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in s. NR 103.04. 2. 50 feet - For highly susceptible wetlands. Highly susceptible wetlands include the following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. 3. 10 feet - For less susceptible wetlands. Less susceptible wetlands include degraded wetlands dominated by invasive species such as reed canary grass. B. Protection Offset Restrictions: No building or structure shall hereafter be erected, structurally altered, or relocated within the Wetland Protection Offsets. This includes, but is not limited to, any building (including sheds and accessory structures), deck, pool, any hard surface (asphalt, concrete, pavers, gravel, etc.), fence, retaining wall, or any other feature deemed a structure or building by Planning Director or his designee. Also, grading, excavation, and filling are not allowed within the Wetland Protection areas. This offset excludes DNR exceptions relating to public roadways and public right-of-ways. C. Appeal: Anyone who wishes to appeal any of the specific wetland setbacks listed above can only do so through the Plan Commission. The Zoning Board of Appeals will not hear appeals relating to the Wetland Protection Offset. Change the following to Chapter 18: 18.31 PRELIMINARY [if supportFields]> XE "PLAT:PRELIMINARY" <![endif] [if supportFields]><![endif] PLAT. (3) SUBMITTAL REQUIREMENTS [if supportFields]> XE "SUBMITTAL REQUIREMENTS" <![endif] [if supportFields]><![endif]. (b) Plat Data [if supportFields]> XE "Plat Data" <![endif] [if supportFields]><![endif]. All preliminary plats shall show the following: 22. Approximate location of all wetlands based on aerial photographs provided by the Southeastern Wisconsin Regional Planning Commission.Delineation of all wetlands and shoreland/wetlands based on a field staking by the U.S. Army Corps of Engineers, the Wisconsin Department of Natural Resources, the Southeastern Wisconsin Regional Planning Commission or other agency or firm certified to make such delineation by the Federal Government or Wisconsin Department of Natural Resources. 23. Show the Wetland Protection Offsets, as identified in the Zoning Code. _____ 18.32 FINAL PLAT [if supportFields]> XE "FINAL PLAT" <![endif] [if supportFields]><![endif]. (3) SUBMITTAL REQUIREMENTS [if supportFields]> XE "SUBMITTAL REQUIREMENTS" <![endif] [if supportFields]><![endif]. (b) Additional Information. The plat shall show correctly on its face, in addition to the information required by §236.20, Wis. Stats., the following: 16. Show the Wetland Protection Offsets, as identified in the Zoning Code. _____ 18.33 MINOR LAND DIVISION [if supportFields]> XE "MINOR LAND DIVISION" <![endif] [if supportFields]><![endif]. (3) CERTIFIED SURVEY MAP SUBMITTAL REQUIREMENTS [if supportFields]> XE "CERTIFIED SURVEY MAP SUBMITTAL REQUIREMENTS" <![endif] [if supportFields]><![endif]. (b) Required Information. The map shall show correctly on its face, in addition to the information required by §236.34, Wis. Stats., the following: 21. Show the Wetland Protection Offsets, as identified in the Zoning Code. _____ 18.43 BUILDING SETBACK LINES [if supportFields]> XE "BUILDING SETBACK LINES" <![endif] [if supportFields]><![endif]. (2) Shoreland/wetland and isolated wetland setbacks, in addition to those required by the City Zoning Code, may be required by the Plan Commission. See the Zoning Code for more details regarding the specific Wetland Protection Offsets. _____ 18.80 LAND SUITABILITY [if supportFields]> XE "LAND SUITABILITY" <![endif] [if supportFields]><![endif]. No land shall be developed which is held to be unsuitable for any proposed use if identified as being environmentally sensitive. Areas identified as being environmentally sensitive include, but are not limited to: 2. All wetlands as defined in NR 103.02(5) of the Wisconsin Administrative Code, including a fifty (50) foot the Wetland Protection Offsets identified in the Zoning Code to serve as a protection buffer.