Cedar Grove Village
City Zoning Code
City Zoning Code
ARTICLE V
Protection of Shoreland and Watercourses
§ 250-26 General.
A.
The purposes of this section are to prevent and control water pollution; protect spawning grounds, fish and aquatic life; and to preserve shore cover and natural beauty.
B.
The provisions of this section shall apply to the shorelands of all navigable waters.
C.
Lakes, ponds or flowages shall be considered as navigable for the purposes of this chapter if they are listed in the Wisconsin Division Publication "Wisconsin Lakes 218-64."
D.
Rivers or streams shall be considered navigable for the purpose of this chapter if they are indicated as "continuous" on the United States Geological Quadrangle Survey Maps.
§ 250-27 Setbacks from the water.
A.
For lots that abut on navigable waters, all buildings and structures except piers, marinas, boathouses and similar uses which require a lesser setback as determined by the Board of Appeals shall be set back at least 75 feet from the high waterline and elevated at least two feet above the experienced high-water elevation unless otherwise specified by a floodplain zoning ordinance.
B.
Seepage pits and soil absorption fields shall be set back at least 50 feet from the normal high-water elevation. The Building Inspector shall determine the normal high-water elevation or line where not established. Furthermore, the Building Inspector shall determine that the design, location and construction of private sewage disposal facilities are in conformation with applicable state and Village codes.
§ 250-28 Preservation of shoreland vegetation.
A.
The trimming or removal of natural vegetation in a strip paralleling the shoreline and extending 35 feet inland at all points along the normal high-water mark of any shoreline shall be limited in accordance with the following provisions:
(1)
The provisions shall not apply to the removal of dead, diseased, or damaged vegetation.
(2)
Natural vegetation may be replaced by artificial planting that are equally effective in controlling erosion and the flow of effluent, but not to exceed 30% of the length of the strip as measured along the normal high-water mark.
B.
A path or other passage across the strip shall be so constructed or so surfaced as to be as effective in controlling erosion as the vegetation it replaces and there shall be not more than one such path or passage on any one lot.
C.
The trimming of trees or brush to provide a view shall be permitted as long as such trimming does not endanger the life or health of the vegetation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Increased erosion or effluent or nutrient flow as a result of failure to comply with the above requirements shall constitute a violation of this chapter.
§ 250-29 Filling, grading and lagooning.
A.
A conditional use permit shall be required for any filling or grading:
(1)
On the bed of a navigable body of water. In addition, a permit shall be obtained from the Department of Natural Resources or any other state agency having jurisdiction under the provisions of §§ 30.11 and 30.12, Wis. Stats.
(2)
Of any area which is within 300 feet horizontal distance of a navigable water and which has surface drainage toward the water and on which there is:
(a)
Filling of more than 500 square feet of any wetland which is contiguous to the water. For purposes of this section, a "wetland" shall be defined as any area where groundwater is at or near the surface a substantial part of the year.
(b)
Filling or grading on slopes of 20% or more.
(c)
Filling or grading of more than 1,000 square feet on slopes of 12% to 20%.
(d)
Filling or grading of more than 2,000 square feet on slopes of 12% or less.
B.
A conditional use permit shall be required before constructing or commencing work on any artificial waterway, canal ditch, lagoon, pond, lake or similar waterway which is within 500 feet of the high-water mark of a navigable body of water or where the purpose is ultimate connection with a navigable body of water. This requirement does not apply to soil conservation practices such as terraces, diversions and grassed waterways which are used for sediment retardation.
C.
In granting a conditional use permit for filling, grading or lagooning, the Planning Commission may attach the following conditions in addition to those specified in Article VI, Administrative Procedures, of this chapter:
(1)
The smallest amount of bare ground be exposed for the shortest time feasible.
(2)
Temporary ground cover such as mulch be used and permanent cover such as sod be planted.
(3)
Diversions, silting basins, terraces and other methods to trap sediment be used.
(4)
Dredging to a firm bottom before filling.
(5)
Dredging be conducted in such a manner as to avoid creation of fish trap conditions.
(6)
Fill is stabilized according to accepted engineering standards.
(7)
Fill will not restrict a floodway or destroy the storage capacity of a floodplain.
(8)
Walls of a channel or artificial watercourse be stabilized to prevent slumping.
(9)
Sides of channels or artificial watercourses be constructed with side slopes of two horizontal to one vertical or flatter, unless vertical bulkheading is provided.