12.09.100 Mitigation.
(a) General Standards. (s. 59.692(1 v), Wis. Stats., NR 115.05 (l)(e)3.,(g)5.,(g)6.) When the County issues a permit requiring mitigation in accordance with sections 12.09.020 or 12.39.110 of this Ordinance the property owner must submit a mitigation plan application that is reviewed and approved by the County. The application shall include the following:
1. A site plan that describes the proposed mitigation measures:
a. The site plan shall be designed and implemented to restore natural functions lost through development and human activities.
b. The mitigation measures shall be proportional in scope to the impacts on water quality, near-shore aquatic habitat, upland wildlife habitat, and natural scenic beauty.
2. An implementation schedule and enforceable obligation on the property owner to establish and maintain the mitigation measures.
a. The enforceable obligations shall be evidenced by an instrument recorded in the office of the Register of Deeds.
(b) Mitigation Options.
1. Vegetative buffer required as mitigation under open sided provision (12.17). The property owner shall choose and implement two (2) of the following:
a. Restoration of native primary vegetative buffer to county vegetative buffer standards per section 12.09.100(d).
b. The associated private onsite waste treatment system must be evaluated and upgraded as appropriate in compliance with ch. SPS 383, Wis. Administrative Code.
c. Storm water management practices (e.g., storm water ponds, constructed wetlands, infiltration basins, rain gardens, pervious pavers, bio-swales, water diversions of overland flow or other approved engineered systems).
2. Lateral expansion of a nonconforming principal structure located between 35 and 75 feet from the ordinary high-water mark and which is less than 35 feet in height section 12.39.110(b); or the replacement or relocation of principal structure located between 35 and 75 feet from the ordinary high-water mark and which is less than 35 feet in height; or new impervious surface area greater than 15% and/or less than or equal to 30%, and greater than 30% for highly developed shorelands section 12.09.020(b).
a. Removal of all nonconforming accessory structures located in the shore setback area. This requirement shall not apply to a detached garage which is in good repair and located at least as far from the ordinary high-water mark as the principal structure on the property.
b. The property owner shall choose and implement two (2) of the following:
1) Restoration of native primary vegetative buffer to county vegetative buffer standards per section 12.09.100(d).
2) The associated private onsite waste treatment system must be evaluated and upgraded as appropriate in compliance with ch. SPS 383, Wis. Administrative Code.
3) Storm water management practices (e.g., storm water ponds, constructed wetlands, infiltration basins, rain gardens, pervious pavers, bio-swales, water diversions of overland flow or other approved engineered systems).
(c) Implementation Schedule. The approved Shoreland Buffer Restoration Site Plan must be started within 1 year from the issue date of the applicable permit. All plantings and any other activities in the Shoreland Buffer Restoration Site Plan must be completed within 2 years of the permit issue date.
(d) Establishment of a Vegetation Buffer Zone.
1. The owner(s) or their agent must submit a plan that will be implemented by the owner of the property to establish, preserve, enhance, and/or restore a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water. The plan must be approved by the County Zoning Office.
2. To be considered for approval a plan to establish, preserve, enhance, and/or restore a vegetative buffer zone following the VEGETATIVE BUFFER STANDARDS described in Appendix “D” and shall, at a minimum, contain:
a. A binding agreement with the owner, his/her heirs, successors, and assignees, must authorize entrance onto the property by zoning staff for inspections to assure compliance with the plan. The agreement shall be written and recordable on forms provided by the County Zoning Office and recorded with the Register of Deeds. This also applies to preservation of an existing natural buffer.
b. A description of how the landowner intends to carry out the project, including methods, materials, and equipment to be used.
c. A proposed schedule and sequence of work activities.
d. The names, descriptions, and densities of native species to be utilized in the restoration work, including ground cover, shrubs, and tree layers.
e. A description of the site before the project begins and a description of the proposed site once the buffer is completed.
f. The erosion control measures that will be used during construction of the permitted structure and vegetative buffer zone to control sediment, runoff, and protect water quality.
3. Removal of the shoreyard structure will not relinquish the recorded agreement or permit the removal, destruction, degradation, and/or reduction in size of the shoreland vegetative buffer.
4. Failure to comply with the plan and/or subsequent removal of vegetation from the vegetative buffer zone will cause the County Zoning Office to revoke the permit and order the removal of any structure(s) authorized under the zoning permit. [Code § 12.18-10.]