Except for those activities expressly permitted by Section 1226.08, no person shall conduct any activity within a wetlands area without first having obtained a permit therefor upon proper application. Unlawful activities include, but are not limited to, the following:
(a) Depositing or permitting the depositing of any material, including, but not limited to, soil, hazardous chemicals, nonbiodegradable aquatic pesticides and herbicides, and harmful fertilizers into, within or upon any watercourse or wetland area.
(b) Dredging, removing or permitting the dredging or removal of soil, material or minerals from a watercourse or wetland area.
(c) Erecting or building any structure, including, but not limited to, houses, buildings, roadways, bridges of any type, tennis courts, other paving, utility or private poles, or towers within or upon any watercourse or wetland area.
(d) Constructing, operating or maintaining any land use or development in a wetland or watercourse area.
(e) Enlarging, diminishing or altering any lake, stream or other naturally occurring watercourse.
(f) Creating, enlarging or diminishing any natural or artificially constructed canal, channel, ditch, lagoon, pond, lake or other waterway for navigation or any other purpose, whether or not connected to an existing lake, stream or watercourse.
(g) Constructing, placing, enlarging, extending or removing any temporary, seasonal or permanent operation or structure upon bottomland or wetlands, except seasonal docks, rafts, diving platforms and other such water recreational devices customarily owned and used by individual households.
(h) Constructing, extending, enlarging or connecting any conduit, pipe, culvert or open or closed drainage facility carrying storm water runoff from any site, or any other land use permitting discharge of silt, sediment, organic or inorganic material, chemicals, fertilizers, flammable liquids or other polluting substances, except in accordance with requirements of County, State or Federal agencies and the Village of Franklin.
(i) Constructing, enlarging, extending or connecting any private or public sewage or waste treatment plant discharge to any lake, pond, stream, watercourse or wetland, except in accordance with requirements of County, State and Federal agencies and the Village of Franklin.
(j) Pumping surface water for irrigation or sprinkling of private or public uses, other than for individually owned single-family residences, from lakes, ponds, rivers, streams or waterways, except when the water body is wholly contained within the user's property.
(k) Draining, or causing to be drained, any water from a watershed.
(l) Removing any trees, if such removal would adversely affect the nutrient cycle, sediment trapping or hydrologic functions of wetlands. When tree removal is necessary, said trees shall be replaced with like species and equivalent amounts.
(m) Developments that increase the use or density upon a wetland or watercourse that would threaten the natural character of the resource or produce a recreational impact beyond the capacity of the land and/or stream to provide for the health and safety of existing users.
(Ord. 190. Passed 5-9-94.)