A.

Compliance. All new development (including building and/or site improvements), additions to existing development (including building and/or site improvements), all new Certified Survey Maps, Subdivision Plats, or Condominiums in all zoning districts created in the City of Greenfield (except as excluded by Section 21.04.0501(C) of this Code) shall comply with the natural resource protection standards set forth in Table 21.05.0100.

Table 21.05.0100
NATURAL RESOURCE PROTECTION STANDARDS

N/A=Not Applicable

(a)

As regulated by Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code as amended.

(b)

Including residential PUD Planned Unit Development Districts (or residential portions thereof). Resource protection percentages indicted in this Table represent the portion of the total natural resource feature present on a site which shall be preserved (Also see Part 5 "Natural Resource Protection.")

(c)

Including nonresidential PUD Planned Unit Development Districts (or nonresidential portions thereof). Resource protection percentages indicted in this Table represent the portion of the total natural resource feature present on a site which shall be preserved (Also see Part 5 "Natural Resource Protection.")

B.

Natural resources to be protected under this division to remain undisturbed and in natural state. 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 Code.

C.

Clear cutting and destruction of existing natural resources. All clear cutting and destruction of natural resource features (mature and young woodlands) shall:

1.

Be deemed a change of use requiring a Zoning Permit and all such changes of use shall be in compliance with the provisions of this Code.

2.

Be required to meet the protection levels described in this Code.

3.

Where such clear cutting and/or destruction violations occur, be required to meet the mitigation standards set forth under the provisions of Section 21.05.0103 of this Code.

A.

Woodlands and forests.

1.

Definition of woodlands and woodland and forest boundaries. The definition of woodlands and forests (mature and young), as applied to this division, appears in Division 21.02.0100 of this Code. The determination of woodland and forest boundaries shall be based on the following sources:

a.

1″ = 400′ aerial photographs prepared by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) and available from either SEWRPC or from Milwaukee County (most recent date only); and

b.

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 (1) of those fields of endeavor.

2.

Woodlands and forest measurement. All land area within a proposed development, Certified Survey Map, Subdivision Plat, or Condominium consisting of the woodlands and forests as defined in this Code shall be accurately measured as follows:

a.

Each woodland and forest area shall include the tree trunk and the area located within the dripline or tree canopy.

b.

The area of woodlands and forests (mature and young), in square feet or acres, shall be accurately measured and graphically delineated on the "Natural Resource Protection Plan." Such "Natural Resource Protection Plan" drawing shall indicate all woodland and forest areas of the property. In cases where the drip line or canopy areas overlap, the areas of overlap shall only be counted once for area calculations. In cases where drip line or canopy areas overlap property lines, the property line(s) are to be used as the boundary for the woodland or forest area, with only that portion of the dripline area located on the subject property counted toward the woodland or forest area.

c.

The location, size, and species of all healthy trees having a diameter of eight (8) inches or greater DBH that are located in woodland and forest areas within twenty-five (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.

d.

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.

B.

Lakes and ponds. Lakes and ponds, as defined in Division 21.02.0100 of this Code, are to be determined by using the definitions of "Lake" and "Pond" as set forth in Division 21.02.0100 of this Code and the sources in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the Plan Commission, the succeeding source shall be used:

1.

A topographic survey prepared by and certified by a Wisconsin registered land surveyor at a contour interval of not less than two (2) feet.

2.

Large scale 1″ = 200′ Milwaukee County topographic maps.

3.

U.S.G.S. 7.5-minute topographic quadrangle maps.

The area of lakes and ponds (in square feet or acres) shall be measured and graphically delineated on the "Natural Resource Protection Plan."

C.

Streams. Streams, as defined in Division 21.02.0100 of this Code, are to be determined by using the definitions of "Channel" and "Stream" (see Division 21.02.0100 of this Code) and the sources in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the Plan Commission, the succeeding source shall be used:

1.

A topographic survey prepared by and certified by a Wisconsin registered land surveyor at a contour interval of not less than two (2) feet.

2.

Large scale 1″ = 200′ Milwaukee County topographic maps.

3.

U.S.G.S. 7.5-minute topographic quadrangle maps.

The area of streams (in square feet and acres) shall be measured and graphically delineated on the "Natural Resource Protection Plan."

D.

Floodplain/floodways/floodlands. The definition of floodplain, floodway, and floodlands appears in Division 21.02.0100 of this Code. The one hundred (100) year recurrence interval floodplain and floodways shall be determined as depicted on the Federal Insurance Administration (FIA) "FIRM: Flood Insurance Rate Map(s)" with the effective date of June 1, 1978, as amended. Where a conflict exists between the floodland limits as shown on the Federal Insurance Administration's (FIA) "FIRM: Flood Insurance Rate Map(s)" and actual field conditions, the elevations from the 100-year recurrence interval flood profiles contained in the published Flood Insurance Study prepared by the Federal Emergency Insurance Administration (FIA) dated December 1977, shall be used.

E.

Wetlands (including shoreland-wetlands). Wetlands and shoreland-wetlands are defined in Division 21.02.0100 of this Code. 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 Plan Commission, the succeeding source shall be used:

1.

Wetland inventory maps prepared for the City of Greenfield as part of the "Wisconsin Wetland Inventory" prepared by the Wisconsin Department of Natural Resources as amended.

2.

Field survey and mapping of plant material by a botanist with a professional degree in either botany or biology.

The area of wetlands and/or shoreland-wetlands (in square feet and acres) shall be measured and graphically delineated on the "Natural Resource Protection Plan."

F.

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 Code shall be accurately measured as follows:

1.

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 21.05.0100 "Natural Resource Protection Standards" of this Code to determine the amount of each natural resource feature to be protected by a natural resource conservation easement. The methodology, termed "Site Intensity and Capacity Calculations," to be used for such calculations is set forth in Division 21.04.0500 of this Code.

2.

If two (2) 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 floodlands and woodlands and forests occupy the same space on a site, the natural resource protection standard would be one hundred (100) percent (one hundred (100) percent is the resource protection standard for a floodland) for this area representing the higher of the two (2) standards.]

3.

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 on the "Natural Resource Protection Plan" but shall not be counted as a natural resource area to be preserved.

A.

Intent of mitigation. The City of Greenfield recognizes that, under certain circumstances, property owners, Subdividers, or Condominium Developers may wish to develop in portions of those protected natural resource feature areas shown as eligible for mitigation as indicated in Table 21.05.0100. 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 21.05.0100. The intent of this section is not to permit greater destruction of natural resource features than is permitted under the requirements of this Code for typical property or development. This section sets specific standards for use when the extent of the natural resources on a site and the use of the regulations would create a major hardship for said natural resource feature protection. Thus, mitigation is intended to be used instead of a variance request when severe hardships would result from the strict enforcement of the natural resource protection standards and requirements set forth in this Code.

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 21.05.0100:

1.

Woodlands and forests. Woodlands and forest areas may be mitigated under either of the following two (2) alternative requirements applicable to the mitigation of woodland and forest areas:

a.

Alternative 1:

1)

For the purposes of supplying sufficient land area, mitigation shall include the planting of one and one-quarter (1.25) acres of new woodland/forest for every one (1) acre of disturbed woodland/forest for which mitigation is required.

2)

Mitigation shall include the replacement of woodlands/forests disturbed. Such mitigation shall consist of the planting of new woodland/forest areas, as specified in paragraph (1) above, using all of the following numbers of plants per acre of mitigated area:

•

15 canopy trees, minimum 3.5-inch caliper*

•

12 canopy trees, minimum 2-inch caliper

•

250 canopy trees, minimum 4-foot high whips

•

50 understory trees, minimum 5-foot high whips

•

25 shrubs, minimum 12-inches high

*Note: Each 3.5-inch caliper canopy tree may be substituted with two (2) 1.5-inch caliper canopy trees.

b.

Alternative 2:

1)

For the purposes of supplying sufficient land area, mitigation shall include the planting of one and one-half (1.50) acres of new woodland/forest for every one (1) acre of disturbed woodland/forest for which mitigation is required.

2)

Mitigation shall include the replacement of woodlands/forests disturbed. Such mitigation shall consist of the planting of new woodland/forest areas, as specified in paragraph (1) above, using all of the following number of plants per acre of mitigated area:

•

12 canopy trees, minimum 3.5-inch caliper*

•

10 canopy trees, minimum 2-inch caliper

•

200 canopy trees, minimum 4-foot high whips

•

40 understory trees, minimum 5-foot high whips

•

20 shrubs, minimum 12-inches high

*Note: Each 3.5-inch caliper canopy tree may be substituted with two (2) 1.5-inch caliper canopy trees.

c.

The species of plants to be used in the mitigation of woodlands/forests shall be similar to those destroyed (that is, upland type plant mitigation for upland areas and lowland type plant mitigation for lowland areas) and a minimum mix of six (6) species are to be planted. Acceptable species for woodland and forest mitigation are as indicated in Tables 21.05.0103A. and 21.05.0103B. No more than thirty (30) percent of the total number of trees or shrubs planted for mitigation purposes, however, shall be of the any single species.

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, after the adoption of this Code, shall reduce the woodland/forest natural resource features protection requirements of this Code.

Table 21.05.0103A
TREE SPECIES FOR WOODLAND AND FOREST MITIGATION

Table 21.05.0103B
SHRUB SPECIES FOR
WOODLAND AND FOREST MITIGATION

2.

Lakes and ponds. Lakes and ponds may be mitigated as may be permitted under the requirements of this Code and Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code as amended. Where permitted under the requirements of the City of Greenfield Municipal Code as amended, 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:

a.

The time of concentration of stormwater flows remains unchanged or is lengthened.

b.

Stormwater storage capacity is unchanged or increased.

c.

Additional water is not backed up onto adjoining properties.

3.

Floodplains, floodways, and floodlands. Floodplains, floodways, and floodlands may be mitigated as may be permitted under the requirements of Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code as amended.

4.

Wetlands and shoreland wetlands. As may be permitted under the requirements of the Wisconsin Department of Natural Resources and this Code. In addition, a permit from the U.S. Army Corps of Engineers pursuant to the requirements of Section 404 of the Clean Water Act (33 U.S.C. 1344) shall be submitted to the City of Greenfield certifying that filling has been approved and permitted by the Corps, as a condition of City review.

C.

Off-site mitigation. Off-site mitigation may be permitted by the Plan Commission if:

1.

Such off-site mitigation occurs within the same watershed as the natural resource feature, or property, being mitigated and follows the methods, requirements, standards, and/or criteria set forth under paragraph B. of Section 21.05.0103 of this Code.

2.

All permitted off-site mitigation shall occur within the corporate limits of the City of Greenfield.