First, a definition of the natural resource is provided.

Second, the specific purposes of the protective regulations governing each natural resource type are provided.

Third, the required method of identifying and determining the boundaries of the natural resource area is given.

Fourth, mandatory protection requirements are identified.

Definition. Lakeshores are the land margins of navigable waters which are identified as "lakes and other water bodies" as shown on USGS 7.5 minute topographic maps for the Village of Johnson Creek and its environs. 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.

Purpose of lakeshore or shoreland protection requirements. Lakeshores serve to protect land/water margins from erosion due to site disruption. Because of regular contact with wave action, currents 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 waterborne pollutants and sediments. Lakeshores also promote infiltration and groundwater recharging and provide a unique habitat at the land/water margin.

Determination of lakeshore or shoreland 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 § 250-127C(8). This analysis shall depict the location of all lakeshore areas on the subject property as related to the provisions of Subsection A above.

Mandatory lakeshore or shoreland protection requirements. With the exception of the activities permitted below, lakeshores shall remain in an undisturbed state, except for the land uses permitted per the requirements of § 250-45.

Definition. Drainageways are nonnavigable, aboveground watercourses, detention basins and/or their environs which are identified by the presence of one or more of the following:

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 waterborne 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 reducing the potential for soil erosion along drainageways by protecting vegetative ground cover in areas which are susceptible to variable runoff flows and moderate to rapid water movement.

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 § 250-127C(8). This analysis shall depict the location of all drainageway areas on the subject property as related to the provisions of Subsection A above.

Mandatory drainageway protection requirements. Drainageways shall remain in an undisturbed state except for the land uses permitted per the requirements in § 250-45. Vegetation clearing to maintain drainageway functions is permitted with the written approval of the Department 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.

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 air photos for the Village of Johnson Creek and its environs.

Purpose of woodland protection requirements. Woodlands provide a wide variety of environmental functions. These include atmospheric benefits such as removing airborne 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 reduces soil erosion. Finally, under proper management techniques, woodlands serve as regenerative fuel sources.

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 § 250-127C(8). This analysis shall depict the location of all woodland areas on the subject property as related to the provisions of Subsection A above.

Mandatory woodland protection requirements. Woodlands shall remain in an undisturbed state except for the land uses permitted per the requirements of § 250-45 and areas subject to the following mitigation requirements. Selective cutting operations are permitted by right in all woodland areas (per the requirements of § 250-37F). Clear cutting is permitted as a conditional use in all woodland areas (per the requirements of § 250-37G).

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 USGS 7.5 minute topographic maps for Johnson Creek and its environs.

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 of these resource 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.

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 § 250-127C(8). This analysis shall depict the location of all steep slope areas on the subject property as related to the provisions of Subsection A above.

Mandatory steep slope protection requirements. Steep slopes shall remain in an undisturbed state except for the land uses permitted per the requirements of § 250-45.

Purpose. The Village of Johnson Creek recognizes that consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the municipal well recharge area overlay district (MW) is to protect municipal groundwater resources from certain land use activities by imposing appropriate restrictions upon lands located within the approximate groundwater recharge area of the Village's municipal wells, either existing or planned. The restrictions imposed in this section are in addition to those of the underlying zoning district or any other provisions of this chapter. This section is established per § NR 811.16, Wis. Adm. Code.

Overlay zones. The municipal well recharge area overlay district is determined by modeling contained in the report entitled "Village of Johnson Creek Well Head Protection Plan" and is indicated by Zone MW on the Official Zoning Map. Zone MW is identified as the primary source of water for the municipal well aquifer and as the most likely to transmit groundwater contaminants to the municipal wells.

Land use regulations. The following land use regulations are in addition to the land use regulations established for the underlying zoning district:

Additional land use regulations:

Enforcement. Any person, firm or corporation who fails to comply with the provisions of this section shall be subject to the Village's standard zoning violation penalties for each violation, plus the costs of prosecution. Any person, firm or corporation, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment is made, but not exceeding 30 days, or alternatively shall have those costs added to their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.