[Added 10-18-2004 by Ord. No. 12-2005]
The purpose of this section is to set forth the requirements for the mandatory protection of natural resources and permanently protected green space areas within the jurisdiction of this chapter (see § 325-16). In part, the provisions of this section are designed to ensure the implementation of the Village of Cottage Grove Comprehensive Master Plan, the environmental protection element of the Dane County Environmental Corridor Protection Program, and State of Wisconsin Statutes. This section contains the standards which govern the protection, disturbance, and mitigation of disruption of all natural resource and other permanently protected green space areas. The provisions of this section are intended to supplement those of the Village of Cottage Grove, Dane County, the State of Wisconsin, and the federal government of the United States which pertain to natural resource protection. Prior to using the provisions of this section to determine the permitted disruption of such areas, the requirements provided below should be reviewed. This section recognizes the important and diverse benefits which natural resource features provide in terms of protecting the health, safety, and general welfare of the community. Each of the following sections is oriented to each natural resource type, and is designed to accomplish several objectives: (1) First, a definition of the natural resource is provided. (2) Second, the specific purposes of the protective regulations governing each natural resource type are provided. (3) Third, the required method of identifying and determining the boundaries of the natural resource area is given. (4) Fourth, mandatory protection requirements are identified.
A.
Lakeshore Overlay Zoning District.
(1)
Definition. Lakeshores are the land margins of navigable waters which are identified as "lakes and other water bodies" as shown on Environmental Corridors Composite Maps for the Village of Cottage Grove and its environs, prepared by the DCRPC and successor agency(ies) or, in the absence of these maps, on the USGS 7.5 minute series. The boundary of such features shall be defined by detailed on-site investigation and survey as part of the site plan review or land division process. Lakeshores are all areas within 100 feet of the ordinary high water mark of such features, Decorative water features shall not be considered "navigable waters" for the purposes of this section. This meaning of "lakeshores" shall remain distinct from the meaning of the term as employed by the State of Wisconsin Statutes and the DNR.
(2)
Purpose of lakeshore protection requirements. Lakeshores serve to protect land/water margins from erosion due to site disruption. Because of regular contact with wave action, currants, and runoff, such areas are highly susceptible to continuous and, in some cases, rapid erosion. Lakeshore protection also provides a natural vegetation buffer which serves to reduce water velocities and wave energy, and filters significant amounts of water-borne pollutants and sediments. Lakeshores also promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin.
(3)
Determination of lakeshore boundaries. General lakeshore boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a lakeshore depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 325-112. This analysis shalt depict the location of all lakeshore areas on the subject property as related to the provisions of Subsection A(1), above.
(4)
Mandatory lakeshore protection requirements. With the exception of the activities permitted below, lakeshores shall remain in an undisturbed state, except for a view access corridor of 30 feet for every full 100 feet of shoreline frontage and the land uses permitted in Subsection H.
B.
Drainageway Overlay Zoning District.
(1)
Definition. Drainageways are non-navigable, aboveground watercourses, detention basins and/or their environs which are identified by the presence of one or more of the following:
(a)
All areas within 75 feet of the ordinary high water mark of a "perennial stream" as shown on Environmental Corridors Composite Maps for the Village of Cottage Grove and its environs, prepared by the DCRPC and successor agency(ies) or, in the absence of these maps, on the USGS 7.5 minute series. The boundary of such features shall be defined) by detailed on-site investigation and survey as part of the site plan review or land division process.
(b)
All areas within 50 feet of the ordinary high water mark of an "intermittent stream" or "open channel drainageway" as shown on Environmental Corridors Composite Maps for the Village of Cottage Grove and its environs, prepared by the DCRPC and successor agency(ies).
(2)
Purpose of drainageway protection requirements. Drainageways serve in the transporting of surface runoff to downstream areas. As such, drainageways serve to carry surface waters, supplement floodplain, wetland, and lakeshore water storage functions in heavy storm or melt events, filter water-borne pollutants and sediments, promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin. Drainageway protection requirements preserve each of these functions as well as greatly reduce the potential for soil erosion along drainageways by protecting vegetative groundcover in areas which are susceptible to variable runoff flows and moderate to rapid water movement.
(3)
Determination of drainageway boundaries. General drainageway boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a drainageway depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 325-112. This analysis shall depict the location of all drainageway areas on the subject property as related to the provisions of Subsection B(1) above.
(4)
Mandatory drainageway protection requirements. Drainageways shall retrain in an undisturbed state except for the land uses permitted in Subsection H. Vegetation clearing to maintain drainageway functions is permitted with the written approval of the Director of Public Works. All areas designated as drainageways shall be located within a public easement or dedication for maintenance purposes to preserve proper drainage flow.
C.
Woodland Overlay Zoning District.
(1)
Definition. Woodlands are areas of trees whose combined canopies cover a minimum of 80% of an area of one acre or more, as shown on Environmental Corridors Composite Maps for the Village of Cottage Grove and its environs, prepared by the DCRPC and successor agency(ies) or, in the absence of those maps, on the USGS 7.5 minute series. The boundary of such features shall be defined by detailed on-site investigation and survey as part of the site plan review or land division process.
(2)
Purpose of woodland protection requirements. Woodlands provide a wide variety of environmental functions. These include atmospheric benefits such as removing air-borne pollutants, carbon dioxide uptake, oxygen production, and evapotranspiration returns. Water quality benefits include substantial nutrient uptake rates (particularly for nitrogen and phosphorus) and surface runoff reduction in terms of both volumes and velocities. Woodlands provide unique wildlife habitats and food sources. Woodlands are excellent soil stabilizers, greatly reducing runoff-related soil erosion. Woodlands also serve to reduce wind velocities which further reduce soil erosion. Finally, under proper management techniques, woodlands serve as regenerative fuel sources.
(3)
Determination of woodland boundaries. General woodland boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a woodland depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 325-112. This analysis shall depict the location of all woodland areas on the subject property as related to the provisions of Subsection C(1) above.
(4)
Mandatory woodland protection requirements. Woodlands shall remain in an undisturbed state except for the land uses permitted in Subsection H and areas subject to the following mitigation requirements. Selective cutting operations are permitted by right in all woodland areas (per the requirements of Subsection H). Clear cutting is permitted as a conditional use in all woodland areas (per the requirements of Subsection H).
D.
Steep Slope Overlay Zoning District.
(1)
Definition. Steep slopes are areas which contain a gradient of 12% or greater (equivalent to a ten-foot elevation change in a distance of 83 feet or less), as shown on environmental Corridors Composite Maps for the Village of Cottage Grove and its environs, prepared by the DCRPC and successor agency(ies) or, in the absence of these maps, on the USGS 7.5 minute series. The boundary of such features shall be defined by detailed on-site investigation and survey as part of the site plan review or land division process.
(2)
Purpose of steep slope protection requirements. Steep slopes are particularly susceptible to damage resulting from site disruption, primarily related to soil erosion. Such damage is likely to spread to areas which were not originally disturbed. Such erosion reduces the productivity of the soil, results in exacerbated erosion downhill, and results in increased sedimentation in drainageways, wetlands, streams, ponds and lakes. Beyond adversely affecting the environmental functions at these resources areas, such sedimentation also increases flood hazards by reducing the floodwater storage capacity of hydrological system components, thus elevating the flood level of the drainage system in affected areas. Beyond these threats to the public safety, disruption of steep slopes also increases the likelihood of slippage and slumping, unstable soil movements which may threaten adjacent properties, buildings, and public facilities such as roads and utilities.
(3)
Determination of steep slope boundaries. General steep slope boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a steep slope depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 325-112. This analysis shall depict the location of all steep slope areas on the subject property as related to the provisions of Subsection D(1), above.
(4)
Mandatory steep slope protection requirements. Steep slopes shall remain in an undisturbed state except for the land uses permitted in Subsection H.
G.
Other permanently protected open space.
(1)
Definition. Areas designated on land divisions, site plans, and/or as described in easements and deed restrictions that are permanently restricted only for open space related uses and activities. Examples include community gardens, community greens, private playground areas, or other open space areas designated by site plan, land division, or easements. Such areas may or may not overlap with designated environmental corridors or other protected natural resource areas.
(2)
Purpose of permanently protected open space requirements to ensure that such areas remain undeveloped as permanently protected open space.
(3)
Determination of permanently protected open space boundaries. Protected open space boundaries are depleted on the approved development plan.
(4)
Mandatory permanently protected open space requirements. Passive outdoor recreation, active outdoor recreation, outdoor institutional, lawn care (mow-feed-seed-weed), golf course, and any other permitted temporary use are permitted in permanently protected open space. Drainage structures, filling, septic systems, utility lines and related facilities, piers, and wharves are conditional uses in this category.
H.
Natural resource disruption and required mitigation standards. For all land uses, disruption to natural resource areas shall comply with the requirements of this subsection pertaining to drainage, grading and erosion control. All land uses located within permanent green space areas shall comply with the following:
(1)
Cultivation.
(a)
Permitted as a conditional use in:
[1]
Other permanently protected green space areas. Permitted only if designated on the submitted site plan and/or the recorded plat or certified survey as an "Area which may be used for cultivation."
(2)
Animal husbandry: not permitted.
(3)
Intensive agriculture: not permitted.
(4)
Selective cutting.
(a)
Permitted as a conditional use: Woodland; other permanently protected green space areas.
(5)
Clear-cutting: not permitted.
(6)
Passive outdoor public recreational area.
(a)
Permitted by right in:
[1]
All permanently protected green space areas.
[2]
Limited to a twenty-foot-wide area in permanently protected natural resource areas. Permitted in other permanently protected green space areas without restriction.
[3]
Non-native vegetation shall not be permitted to spread into permanently protected natural resource areas beyond said twenty-foot-wide area.
(7)
Active outdoor public recreational area.
(a)
Permitted by right: other permanently protected green space areas.
(b)
Permitted as a conditional use: other permanently protected green space areas.
(11)
Any permitted temporary use.
(a)
Permitted by right: other permanently protected green space areas.
(12)
Drainage structure.
(a)
Permitted as a conditional use: drainageway; lakeshore; woodland; steep slope; other permanently protected green space areas.
(13)
Filling.
(a)
Permitted as a conditional use: drainageway; lakeshore; woodland; steep slope; other permanently protected green space areas.
(14)
Septic systems.
(a)
Permitted as a conditional use: other permanently protected green space areas.
(15)
Road, bridge.
(a)
Permitted as a conditional use: drainageway; lakeshore; woodland; steep slope; other permanently protected green space areas.
(16)
Utility lines and related facilities.
(a)
Permitted as a conditional use: drainageway; lakeshore; woodland; steep slope; other permanently protected green space areas.
(17)
Piers and wharves.
(a)
Permitted as a conditional use: drainageway; lakeshore; woodland; steep slope; other permanently protected green space areas.
(18)
Fences.
(a)
Permitted as a conditional use: drainageway; lakeshore; other permanently protected green space areas.
(b)
Permitted by right: woodland; steep slope.