A. Environmentally sensitive land shall not be developed except as set forth in this section. Areas identified as environmentally sensitive include, but are not limited to the following:
1. All areas mapped as floodplain by the Federal Emergency Management Agency, Wisconsin Department of Natural Resources, or other public or private entity, and unmapped flood prone areas subject to inundation by the 100-year storm event.
2. All wetlands, including ephemeral ponds, as defined in Wis. Admin. Code s. NR 103.02(5), including a 75-foot buffer from the edge of the wetlands, except that Private Onsite Wastewater Treatment Systems are not subject to the 75-foot buffer requirement.
3. All areas within the areas zoned as shoreland pursuant to Chapter 36, i.e., within the applicable distance from the high water mark of navigable streams and lake, as identified by the Wisconsin Department of Natural Resources Water Management Specialists.
4. Regional natural areas and critical species habitat.
5. Areas known to provide habitat for rare, threatened or endangered species.
6. Burial sites and Indian mounds.
7. Any drainage way where water runs during spring runoff or during a 100-year rainfall event. A 25-foot buffer from the edge of the drainage way shall be included.
8. All areas restricted by Wisconsin Administrative Code for private on-site wastewater treatment systems including high groundwater (within 6 feet of undisturbed surface), or bedrock within 6 feet of the natural undisturbed surface, filled lands, and lands drained by farm drainage tiles or ditch systems which would otherwise be wetlands.
B. Areas determined to be environmentally sensitive may be included as Common Space in a conservation subdivision.
C. The Village Board, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is unsuitable for residential use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if they so desire. Thereafter, the Village Board may affirm, modify, or withdraw its determination of unsuitability.
(Ord. 2022-3, passed 6-6-2022)