City of Franklin, WI Article 7 Natural Resource Protection Standards

§ 15-7-01 Natural Resource Protection Standards Established.

A. Establishment. The Natural Resource Protection Standards set forth in this Article, and requirements for preparation and approval of a Natural Resource Protection Plan, are established herein. Guidance documents, including, but not limited to, application forms and checklists are incorporated into this Article 7 by reference.

B. Purpose and Intent.

1. Protection of Natural Resource Features. It is the purpose of this Article to ensure the protection and enhancement of specific Natural Resource Features, as defined in this Ordinance, within the City of Franklin as the City develops. This Article further recognizes that landforms, parcel size and shape, and Natural Resource Features vary from site to site and that development regulations must take into account these variations.

2. Natural Resource Protection Plan. It is the further purpose of this Article to set forth requirements and standards for preparation of a Natural Resource Protection Plan by any applicant for development on a parcel within the City of Franklin containing Natural Resource Features, as defined herein.

3. Surface Water Protection Standards. It is the further purpose of this Article to provide for the protection and improvement of surface waters and wetlands in the City of Franklin. It is the intent of this Article to lead to the protection, establishment and maintenance of natural areas, topography and vegetation along the City's surface waters in order to reduce hazards from flooding, prevent erosion, and maintain the natural functions of surface waters and wetlands. It is the further intent of these standards to limit the extent of land disturbance and creation of new impervious surfaces within or adjacent to surface waters and wetlands, and to minimize, as feasible, the impact of existing culverts, driveways and roads, drainage features, and impervious surfaces thereon.

4. Compensation for Impacts. The City of Franklin recognizes that, under certain circumstances, the orderly development of the City and the provision of essential services may necessitate limited impacts on protected Natural Resource Features as defined in this Ordinance. The intent of this Article is not to provide for or allow compensation under all circumstances, but rather to set specific standards to be applied only under certain circumstances when the extent of or the nature of the Natural Resource Features on a site, when balanced against the benefit of the proposed development to the community, considering practicable alternatives available for the development, render strict application of these standards impractical or counter-productive, to allow for a compensation approach, so that the functions and values of Natural Resource Features in the City will be preserved or enhanced.

C. Applicability. Except as specifically provided in this subsection, all development in the City of Franklin occurring on a parcel or parcels where Natural Resource Features are present shall comply with the standards set forth in this Article.

1. Disturbance of Protected Areas Prohibited. Except where provided in this Article, any area containing Natural Resource Features required to be protected under this Article (hereinafter a "Protected Area") shall remain undisturbed and in a natural state except where impact, modification, or compensation is specifically allowed or approved.

2. Tree and Vegetation Cutting, Clearing, and Removal.

a. The clearing, cutting, or removal of trees or vegetation within a Protected Area as defined in this Article is subject to these natural resource protection standards and to Chapter 240 of the City of Franklin Municipal Code. Application for cutting, clearing, or removal of vegetation and trees in an area of protected features shall require authorization under the procedures in Article 9 to ensure that required protection levels are met.

b. Removal of Dead, Diseased, or Invasive Species From a Woodland or Forest. Notwithstanding any provision of this Article, the clearing and removal of dead or diseased trees, and the removal of invasive species listed as "prohibited," "prohibited/restricted," or "restricted" by the Wisconsin Department of Natural Resources, pursuant to NR 40, shall be permitted within any woodland or forest area upon issuance of a Zoning Permit from the City of Franklin.

i. The City Forester may be consulted in the issuance of any such permits.

ii. The City Forester may condition or limit the removal of dead or diseased trees and the removal of invasive species in accordance with best practices for forest and invasive species management.

3. Construction of Public Streets, Sidewalks, and Trails. Impacts to Protected Areas from the construction of public streets, sidewalks, or trails shall be permitted subject to the following limitations and conditions:

a. The City Forester has inspected the plan and the site, including review of trees or wooded areas to be cut or disturbed, and has made a positive recommendation as to the plan's compatibility with the continued health of forest resources and trees within the City of Franklin.

b. Crossings of wetlands, surface waters, or associated buffer areas are designed to minimize the distance and extent of disturbance, with crossings designed as close to a ninety-degree (90°) angle as is practicable for the particular site and segment.

c. The City Engineer has inspected the plan and has made a positive recommendation as to the plan's compatibility with City engineering standards for surface water crossings.

d. Prior to commencement of construction, all other required governmental permits and approvals related to surface waters and wetlands have been issued, including, but not limited to, those required by the Wisconsin Department of Natural Resources and United States Army Corps of Engineers.

e. Any areas of construction-related disturbance within a Protected Area shall be restored to a perennially vegetated condition immediately following construction.

Figure 15-7(1) Surface Water Crossings

4. Single- and Two-Family Residential Development on Existing Lots Exempted. Unless governed by a conservation easement or other deed restriction, the provisions of this Article, including, but not limited to, the standards of Section 15-7-01(C)(2) above, shall not apply to the construction of single-family and two-family residential development located on non-divisible existing lots of record within existing platted subdivisions (with an approved Final Plat), certified survey maps, and condominiums existing as of August 1, 1998, or for which a Natural Resource Protection Plan was filed on or before August 1, 1998.

5. Applicability to Floodplain/Floodway Lands. Floodplains and floodways as defined and regulated in the Floodplain Ordinance for the City of Franklin, Wisconsin shall not constitute a separate category of Natural Resource Features for purposes of determining required compensation under this Article.

6. Essential Services and Associated Easements Exempted. The standards in this Article shall not be applicable to essential services and easements associated therewith, as defined in Article 12 of this Ordinance. However, any areas of construction-related disturbance within a Protected Area shall be restored to the restoration standards of Section 15-7-03 of this Article immediately following the construction of the essential service(s).

7. Exceptions for Accessory Uses and Site Modifications.

a. The modification of approved buildings, sites, or structures, and the addition of new accessory structures, shall not require review for Natural Resource Protection impacts provided all of the following conditions are met:

i. The total impervious surface area on the parcel is not increased by more than fifty (50) percent or two thousand five hundred (2,500) square feet, whichever is smaller.

ii. Any new or modified impervious surface area is located at least one hundred (100) feet at its closest point from the boundary of any Protected Area as defined in the applicable Natural Resource Protection Plan.

b. Notwithstanding the provisions of Subsection (C)(7)(a), where the Plan Commission or City Engineer (as applicable) determines that the modification or addition is likely to result in impacts to the Protected Area or will be inconsistent with the conditions of the Natural Resource Protection Plan, a new or modified Natural Resource Protection Plan may be required to be prepared. Any such determination may be appealed under the provisions of Section 15-9-14 of this Ordinance.

8. Enhancement and Restoration of Protected Natural Resources Features in Parks or Public Property.

a. The enhancement or restoration of Natural Resource Features such as wetlands, woodland, or other features that support the ecology of a site or provide environmental services is subject to these Natural Resource Protection Standards and the City of Franklin Municipal Code. Applications to enhance or restore protected features in parks or upon public property shall require authorization under the procedures in Article 9 to ensure that required protection levels are met.

b. Notwithstanding any provision of this Article, applications to enhance or restore protected features in parks or upon public property shall be permitted upon issuance of a Zoning Permit from the City of Franklin.

i. The City Forester may be consulted in the issuance of any such permits.

c. The City Forester or Zoning Administrator may condition or limit the scope of work in accordance with best practices for natural resource management and compliance with City of Franklin Compensation Standards.

D. Enforcement. Any person or entity violating any provision of this Article 7 and any property owner upon whose property there exists or occurs a violation of this Article 7, shall be subject to the penalty and remedy provisions of Section 15-9-14 of this Ordinance. In addition, the provisions of this Article 7 may be enforced by the City by way of all other legal and equitable remedies and the undertaking by the City to cure any violations or complete any plans, work or measures in furtherance thereof, with the costs of such undertaking to be assessed against the property owner and entered upon the tax roll pursuant to the procedures for a special charge under § 66.0627, Wisconsin Statutes. Any violation of this Article 7 is hereby declared to be a public nuisance.

§ 15-7-02 Natural Resource Features Determination.

[Amended 10-7-2025 by Ord. No. 2025-2701]

A. Protected Natural Resource Features. The following natural resources are protected under the provisions of this Article 7.

1. Woodlands. Woodlands shall be as defined in Article 12 of this Ordinance and as further set forth under Subsection (B)(3)(a) below.

a. All trees outside a Protected Woodland of eight (8) inches or greater shall be identified specifically on the site plan and Natural Resource Protection Plan.

b. All trees of twenty (20) inches or greater within or outside a Protected Woodland shall be identified specifically on the site plan and Natural Resource Protection Plan.

2. Surface Waters. Surface waters shall be as defined in Article 12 of this Ordinance.

3. Surface Water and Wetland Buffers.

a. Surface Water and Wetland Buffers.

i. Surface water and wetland buffers, as defined in Article 12 of this Ordinance and further described in Section 15-7-05, shall be established or maintained as demarcated, vegetated, and minimally disturbed land areas on all surface waters and all federal jurisdiction, nonfederal jurisdiction, and shoreland wetlands as defined herein.

ii. Notwithstanding the foregoing, surface water buffers shall not be required to be designated or protected for artificial wetlands as defined under Subsections (D)(1) and (D)(2) below.

iii. Surface water and wetland buffers shall be established or maintained within the area extending horizontally from the ordinary high water mark of lakes, ponds, and streams, or from the boundary of wetlands as delineated under Subsection (A)(5) below at the following minimum widths:

Table 15-7-02(A): Required Surface Water and Wetland Buffer Width
Zoning District	Minimum Buffer Width
Residential Districts: RC, R-SE, R-SR	50 feet
Residential Districts: R-MF, V-R	30 feet
Non-Residential Districts	30 feet

iv. Notwithstanding Subsection (A)(3)(a)(i) above, sites in the R-MF, V-R, and nonresidential districts on which development has been authorized prior to the effective date of this Ordinance, where the Plan Commission determines that full compliance with the standards in Table 15-7-02(A) is not feasible or recommended, the following minimum widths of surface water and wetland buffers shall be maintained:

Table 15-7-02(B): Required Surface Water and Wetland Buffer Width, Sites with Pre-Existing Development in the R-MF, V-R, and NonResidential Districts
Area of parcel at time of application:
<1 acre	10 feet
1 acre — 2 acres	20 feet
2 acres — 3 acres	25 feet
More than 3 acres	30 feet

b. Land Combination. In an application for land combination or Certified Survey Map, the proposed total area of all parcels to be combined shall determine the required applicability of the standards in Table 15-7-02(B) above.

i. Notwithstanding Subsection (A)(3)(a) above, surface water and wetland buffers shall not be applied to the area of land adjacent to any stream segment that is fully and permanently enclosed within a drainage structure, such as a pipe or culvert, as of the effective date of this Ordinance.

4. Surface Water Setback. A setback of seventy-five (75) feet from the ordinary high-water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.

5. Wetlands. Wetlands shall be as defined in Article 12 of this Ordinance and further set forth under Section 15-7-02(B)(3)(c).

6. Shoreland Wetlands. Wetlands and shoreland wetlands as defined in the new Shoreland Wetland Ordinance of the Franklin Municipal Code.

7. Primary and Secondary Environmental Corridors and Isolated Natural Resource Areas Defined by SEWRPC. Those areas designated by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) as Primary Environmental Corridors, Secondary Environmental Corridors, or Isolated Natural Resource Areas, as defined in Article 12.

B. Measurement of Natural Resource Features and Protected Area.

1. The area containing one or more Natural Resource Features shall be delineated and its total area calculated in acres and square feet to establish the area and location of the Protected Area. Any Protected Area containing two (2) or more Natural Resource Features shall indicate which resources are present within the Protected Area. A calculation of Natural Resource Protection Land Area shall be completed as set forth in Section 15-9-04(A)(4), Calculation of Area of Natural Resource Protection Land.

2. All land area within a proposed development, Certified Survey Map, Subdivision Plat, or condominium consisting of the Natural Resource Features defined in this Ordinance shall be accurately measured using the following sources, scales, and approaches.

3. Measurement of Specific Natural Resource Features.

a. Protected Woodland.

i. For purposes of preparing a Natural Resource Protection Plan, a protected woodland shall be defined as an area or stand of trees with a minimum of eight (8) or more individual trees with a DBH of at least six (6) inches, whose combined canopies cover at least fifty (50) percent of the area. A protected woodland area shall be defined using the perimeter of the canopies during full leaf-on.

ii. Any area meeting this minimum standard must be identified in a Natural Resource Protection Plan.

iii. In addition, a buffer line must be identified at thirty (30) feet from the perimeter of any defined woodland, as shown in Figure 15-7(2). Activity within the thirty (30) foot buffer or the woodland area shall be subject to the compensation requirements of this Article.

Figure 15-7(2) Identification of Protected Woodland and Buffer

iv. The determination of woodland areas and any trees of eight (8) inches DBH or greater shall be based on the sources in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the Zoning Administrator, the succeeding source shall be used:

a) For all protected woodland areas within one hundred (100) linear feet of an area to be disturbed on a site, and for all trees (other than diseased, dead, or invasive species) greater than eight (8) inches diameter at breast height lying outside a protected woodland where disturbance is proposed, a field survey of trees compiled by a registered land surveyor based on identification by a landscape architect, forester, arborist, ecologist, or botanist.

b) For all areas planned to be left undisturbed on a site during construction and upon completion, which are more than one hundred (100) linear feet from an area of disturbance, the boundary of the woodland or forested area.

c) One (1) inch equals four hundred (400) feet aerial photographs prepared by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) and available from SEWRPC (most recent date only).

b. Lakes, Ponds, and Streams. The ordinary high water mark of lakes and ponds, and the centerline of streams, shall be determined through the use of the definitions of Article 12 of this Ordinance and the sources in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the Zoning Administrator, the succeeding source shall be used:

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

ii. Large scale one (1) inch equals one hundred (100) feet City of Franklin topographic maps.

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

c. Wetlands and Shoreland Wetlands. Wetlands shall be delineated in accordance with Chapter NR 103, Wisconsin Administrative Code; Chapter NR352, Wisconsin Administrative Code; and the 1987 US Army Corps of Engineers Wetland Delineation Manual.

i. The area of wetlands, shoreland wetlands, and wetland buffers (in square feet and acres) shall be measured and graphically delineated on the Natural Resource Protection Plan based on a delineation prepared in accordance with the procedures and standards set forth in the City of Franklin Natural Resource Protection Guidance.

ii. Wetland and wetland buffer delineation shall be prepared by a consultant certified as a Wisconsin Assured Delineator pursuant to the most recent guidance adopted by the state and future revisions. Submittal of a certification consistent with Wisconsin DNR standards shall be required with the submittal.

iii. Duration of delineation.

a) No delineation shall be valid for any purpose required under this Article after the expiration of five (5) years from the date the delineation was performed.

b) While delineations performed within the five (5) years preceding the submission may be submitted for purposes of this Article, a current re-delineation may be required where there exists extrinsic evidence of or cause to reasonably believe that such original delineation is incorrect or that the wetland boundary has changed substantially, considering the size and quality of the wetland and the circumstances of any proposed development impact upon the wetland, since the original delineation.

4. Surface Water and Wetland Buffers.

a. Surface water buffers shall be measured at a consistent horizontal distance following the ordinary high water mark of a lake, pond, or stream, or the perimeter of a delineated wetland as set forth under Subsection (B)(3)(c) above.

5. Surface Water Setback. Surface water setbacks shall be measured at a consistent horizontal distance following the ordinary high water mark of a lake, pond, or stream.

6. Primary and Secondary Environmental Corridors and Isolated Natural Resource Areas Defined by SEWRPC shall be based on the most current City of Franklin Map thereof, or as determined by SEWRPC pursuant to Section 15-7-02(A)(6).

Figure 15-7(3) Surface Water and Wetland Buffers, and Surface Water Setbacks

C. Relationship to Floodplain and Flood Hazard Area Impacts.

1. Floodplain, floodway, and flood hazard areas regulated under Floodplain Zoning Ordinance for the City of Franklin shall not constitute a separate category of natural resources for purpose of this Article.

2. Any areas located within a Floodplain Zoning District shall require review and approval under the provisions of the Floodplain Ordinance for the City of Franklin.

3. Notwithstanding the foregoing, any impacts to a Natural Resource Feature as defined in this Article shall be subject to the provisions of this Article, regardless of location within a floodplain, floodway, or flood hazard area.

D. Exemptions.

1. Exemption of Artificial Wetlands. The following artificial wetlands are exempt from the wetland provisions of this Article unless the Wisconsin Department of Natural Resources determines, under the provisions set forth under NR 103.06(4) of the Wisconsin Administrative Code, that the artificial wetland has significant functional values or uses under NR 103.03(1)(e), (f) or (g) of the Wisconsin Administrative Code:

a. Sedimentation and stormwater detention basins and associated conveyance features operated and maintained only for sediment detention and flood storage purposes.

b. Active sewage lagoons, cooling ponds, waste disposal pits, fish rearing ponds and landscape ponds.

c. Actively maintained farm drainage and roadside ditches.

d. Artificial wetlands within active nonmetallic mining operations.

2. Degraded and Non-Federal Jurisdiction Wetlands; Compensation Required.

a. In the event a wetland delineation prepared pursuant to this Article demonstrates conclusively that wetland resources on the site are degraded, as defined under Subsection (D)(2)(e) below, or that wetlands on a site are not subject to jurisdiction by the Wisconsin DNR or United States Army Corps of Engineers (i.e., are non-federal jurisdiction), any such wetland areas shall not be treated as Protected Areas under the provisions of this Article, unless located within a SEWRPC Primary or Secondary Environmental Corridor or Isolated Natural Area as defined under Subsection (A)(6) above.

i. Where a degraded or non-federal jurisdiction wetland is located within the boundaries of a SEWRPC Environmental Corridor or Isolated Natural Resource Area, exemption of the wetland shall require a written determination from SEWRPC that loss of the wetland shall not contribute to a loss of protected natural resource functions within the Environmental Corridor or Isolated Natural Resource Area.

ii. In the absence of such a determination from SEWRPC, the requirements of this Article related to federal jurisdiction wetlands and wetland buffers shall apply.

b. No Special Exception approval or other wavier shall be required to permit disturbance or land development within a non-federal jurisdiction or degraded wetland.

c. Notwithstanding Subsection (D)(2)(b), this provision shall not relieve any applicant of the obligation to secure all applicable state and federal wetland permits as apply to any site or development.

d. Any applicant proposing to impact a non-federal jurisdiction or degraded wetland shall complete on- or off-site compensation at the ratio specified in Table 15-7-03 and as further set forth in the Natural Resource Guidance, by completing any combination of the following site improvements in conjunction with the impact:

i. The inclusion of green infrastructure stormwater management features providing capture of the first one (1) inch of runoff over all new or expanded impervious areas on the site; or

ii. The establishment of deep-rooted vegetation native to Southeastern Wisconsin in the Landscape Plan, in an area equal or greater in size to the degraded wetland, with fencing or other barriers to prevent routine mowing or abuse of the plantings; or

iii. Supplemental tree planting in excess of the requirements of Article 5 of this Ordinance or any compensation otherwise required by this Article, with a projected tree canopy area at maturity equivalent or greater to the total area of the affected wetland; or

iv. Any combination of Subsection (D)(2)(d)(i), (ii) and (iii) above equivalent to or greater than one and one-half (1.5) times the area of the degraded or non-federal jurisdiction wetland; or

v. Any combination of these measures or other compensation consistent with the City of Franklin Natural Resource Guidance, as approved by the Plan Commission, with an area equivalent to or greater than one and one-half (1.5) times the area of the degraded or non-federal jurisdiction wetland.

e. Demonstration of Non-Federal Jurisdiction Status. Demonstration that a wetland is of non-federal jurisdiction status shall require written determination thereof from the Wisconsin Department of Natural Resources or United States Army Corps of Engineers.

f. Demonstration of Degraded Condition. An applicant seeking to demonstrate that a wetland is degraded shall demonstrate through a site-specific analysis prepared by a qualified wetland delineator that:

i. Site conditions exhibit impacts to topography, soils, native vegetation or hydrology that have degraded a wetland and are not likely to be reversible.

ii. The project, including its landscaping plan, does not involve the planned introduction of non-native or invasive wetland plants.

iii. In the opinion of the City Engineer, removal or filling of the degraded wetland will not result in the creation of adverse drainage or flooding impacts on City streets or adjacent properties.

iv. Removal or filling of the wetland will not:

a) Involve any activities in navigable waters with prior history as a stream;

b) Cause significant adverse impacts to a cold-water community, as defined in Section NR 102.04(3)(a), Wis. Adm. Code;

c) Cause significant obstruction of fish passage to existing spawning areas;

d) Cause significant adverse impacts to state threatened or endangered resources; and

e) Cause significant adverse impacts to historical or cultural resources and will comply with Section 44.40, Wis. Stats.

g. Positive Finding Required; Remedy. In the event an applicant fails to demonstrate to the satisfaction of the Plan Commission that the area meets all of the standards for exemption under this Section as a degraded or non-federal jurisdiction wetland, the wetland shall be regulated as a Natural Resource Feature under Subsection (B)(5) above.

E. Surface Water and Wetland Buffer Standards. Within a Wetland and Stream Buffer, as defined in Article 12 of this Ordinance:

1. Unless authorized under Section 15-7-04(F)(8) of this Ordinance, no new or expanded impervious surface or building area shall be established or expanded within a required Wetland or Stream Buffer of a federal jurisdiction wetland or surface water.

2. The expansion of pre-existing structures within Wetland and Stream Buffers shall be permitted only in accordance with the approval standards for nonconforming structures in Article 11 of this Ordinance.

3. No part of any newly-created residential lot shall be established within a Surface Water and Wetland Buffer after the effective date of this Ordinance.

4. Any approvals issued for land disturbance or land development on a site containing a Surface Water or Wetland Buffer, other than for modification of a single-family or two-family dwelling on a non-divisible lot existing as of the effective date of this Ordinance, shall include provisions to demarcate, with sturdy plantings, fencing, or a combination thereof, a boundary line along the edge of the Surface Water and Wetland Buffer on the site. Guidance from the City of Franklin Natural Resource Protection Guidance shall be used to determine the sufficiency of proposed measures.

5. All lands within a Surface Water or Wetland Buffer shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping shall be permitted but may not include turf, sod, or other lawn grass; nor any invasive plant species on the Wisconsin Administrative Code Chapter 40 NR Invasive Species List.

6. The clearing of trees that are not dead, diseased, or invasive, and the clearing of any other vegetation other than invasive species on the Wisconsin Administrative Code Chapter 40 NR Invasive Species List, is permitted only upon application to and approval of the Zoning Administrator under Section 15-9-03(A) of this Ordinance.

7. All Surface Water or Wetland Buffers established in conjunction with approvals under this Article shall be protected through a deed restriction in a form acceptable to the City Attorney, as further set forth in the City of Franklin Natural Resource Protection Guidance.

8. Except where explicitly permitted to enable a utility or roadway crossing or other structure necessary to an essential service, in no case shall the buffer of a federal jurisdictional wetland or shoreland wetland to be retained on any site be reduced below twenty (20) feet in average width or five (5) feet in width at any single point.

F. Surface Water Setback. Within a Surface Water Setback:

1. Unless authorized by a Natural Resource Special Exception under Section 15-9-08 of this Ordinance, no new or expanded impervious surface or building area shall be established or expanded within a required Surface Water Setback.

2. The expansion of pre-existing structures within Surface Water Setbacks shall be permitted only in accordance with the approval standards for non-conforming structures in Article 11 of this Ordinance.

3. Land disturbance, such as man-made changes of the land surface including removing vegetative cover, excavating, filling, and grading are allowed within Surface Water Setbacks. Soil disturbance permits as specified by this Ordinance and the Municipal Code may be required for land disturbance activities.

4. Fences and demarcation of protected natural resources as specified in Section 15-7-04(D) are allowed within Surface Water Setbacks subject to the fence requirements set forth in Section 15-5-08.

5. In areas where a Surface Water Setback overlaps with other protected natural resources or floodplain, the highest level of protection and review shall apply.

6. For lots within a recorded subdivision plat, the Surface Water Setback for a proposed principal structure may be reduced to the average Surface Water Setback of the permitted principal structure on each adjacent lot, but the Surface Water Setback may not be reduced to less than thirty-five (35) feet from the ordinary high-water mark of any navigable waters. A Natural Resource Special Exception is not required for a Surface Water Setback reduction under this provision.

§ 15-7-03 Natural Resources Protection and Compensation Plans.

[Amended 10-7-2025 by Ord. No. 2025-2701]

A. Natural Resource Protection Plan Required. If any Natural Resource Feature as defined and described in Section 15-7-02 of this Article is present on the property for which a Site Plan review, Certified Survey Map (except as otherwise provided for by the exclusions as identified in Section 15-7-02(D), Subdivision Plat, or Condominium is requested, a Natural Resource Protection Plan drawn to the same scale as the Site Plan, Certified Survey Map, Preliminary Plat, or Condominium submission shall be prepared in accordance with the measurement methods and sources outlined in Subsection B below. The Natural Resource Protection Plan shall include at a minimum all information set forth in the City of Franklin Natural Resource Protection Guidance, as amended, including:

1. Existing Conditions Plan;

2. Proposed Construction Disturbance;

3. Proposed Final Conditions;

4. Restoration and Compensation Plan;

5. Supporting Information;

6. Maintenance/Monitoring Plan;

7. Proposed Financial Guarantee; and

8. Easements or Other Restrictions.

B. Calculation of Impact and Required Compensation.

1. Table 15-7-03 shall be used to determine the required compensation for each Natural Resource Feature approved to be affected.

2. Areas where Natural Resource Features coincide shall be clearly noted, measured, and indicated in Section 15-7-02(B).

3. All areas of proposed temporary (i.e., construction-phase) disturbance and permanent (i.e., post-construction) disturbance of each Natural Resource Feature shall be measured and clearly indicated in Section 15-7-02(B).

4. The area of each Natural Resource Feature shall be multiplied by its respective natural resource protection standard to determine the amount of compensation required, if any.

5. Overlapping Areas.

a. Where the boundary of a Protected Area includes more than one Natural Resource Feature, the highest compensation factor of all of the resources found within the area shall be utilized to determine the required area of compensation.

b. In any such case, compensation shall be provided for each of the affected features within the overlapping area so as to achieve a comparable level of resource functions and values. The City of Franklin Natural Resource Protection Guidance and Natural Resource Protection Plan application shall be used to determine approaches that achieve comparable functions and values.

c. Notwithstanding Subsection (B)(5)(a) above, if a Protected Area contains a Surface Water or Wetland Buffer that is not proposed to be disturbed in construction or post-construction phases, the next highest compensation factor may be utilized; compensation for impacts to the buffer shall not be required.

Figure 15-7(4) Example of Calculation of Compensation Ratios for Stream Buffer Impacts

Table 15-7-03: City of Franklin Natural Resources Compensation Ratios
Impact by Natural Resource Type	Unit	Compensation/Restoration Ratio	Type of Approval Required for Impacts
SEWRPC Primary Environmental Corridor and Buffers	SF	1.5	Special Exception
SEWRPC Secondary Environmental Corridor and Buffers	SF	1.5	Special Exception
SEWRPC Isolated Natural Resource and Buffer	SF	1.5	Special Exception
Surface Water or Wetland Buffers (1) applicable to surface waters, shoreland wetlands, and federal jurisdiction wetlands	SF	1.5; compensation may include restoration or enhancement of a new or degraded buffer, or compensation permitted in § 15-7-02(E) and NR Guidance	Special Exception
Surface Water or Wetland Buffers applicable to non-federal jurisdiction or degraded wetlands, or buffers that are poorly vegetated/degraded or with impervious areas present (3)	SF	1.0; compensation may include restoration or enhancement of a new or degraded buffer, or compensation permitted in § 15-7-02(E) and NR Guidance	Site Plan or PUD
Surface Water Setback	SF	Not required	Special Exception
Woodland	SF	0.75	Site Plan or PUD
Trees >8" outside woodland	Caliper DBH removed	2" caliper per 8" removed	Site Plan or PUD
Degraded Wetland and Non-federal Jurisdiction Wetlands		1.5; compensation may utilize approaches permitted in § 15-7-02(E) and NR Guidance	Site Plan or PUD
Federal Jurisdiction Wetlands and Shoreland Wetlands (1)		Minimum 1.5 utilizing Guidelines for Wetland Compensatory Mitigation in Wisconsin	Special Exception
Overlapping Natural Resource Areas (2)		Highest Compensation Factor of the resources affected by development	Highest Level of Review Applicable to Affected Resource
Surface Waters (1)		1.0; requires applicable state or federal permits	Special Exception

Notes:
(1)	Direct impacts to federal jurisdictional or shoreland wetlands, streams, lakes, and ponds, and their buffers, are allowed only with Natural Resource Special Exception under Section 15-9-08.
(2)	Where Natural Resource Features overlap, the highest compensation factor of the resources found within the protection area shall be used. Note that all protected resources present must be compensated for; for example, compensation for impacts to a forested wetland and its buffer must include compensation for the trees removed, wetland area affected, and the buffer area affected.
(3)	If Surface Water and Wetland Buffers are present on a site but demonstrated to be poorly vegetated, and impacts are proposed within the buffer, the lowest applicable ratio for impacts will apply. All areas that fall within a surface water or wetland buffer, even where impacts are not proposed, must be fully planted and demarcated in accordance with Section 15-7-05.
(4)	If Surface Water and Wetland Buffers are present but undisturbed during construction and post-construction phases, compensation is not required.
(5)	Removal of impervious area within an existing surface water or wetland buffer provides a credit of 0.5 per sq ft of area removed and revegetated in accordance with the City of Franklin Natural Resource Protection Guidance.
(6)	Off-site compensation requires approval of a Special Exception.

§ 15-7-04 Standards for Natural Resource Compensation.

[Amended 10-7-2025 by Ord. No. 2025-2701]

A. Natural Resource Protection Guidance Incorporated by Reference. The City of Franklin Natural Resource Protection Guidance, as amended, shall guide the design and review of any proposed compensation and restoration for impacts to Protected Natural Resources.

B. Surety or Financial Instrument Required. The Plan Commission shall require a financial surety, as approved by the City Attorney, to ensure the completion and establishment of Natural Resource compensation, boundary demarcation, and any conditions imposed pursuant to this Ordinance.

C. Legal Protection Required. For all compensation for Natural Resource Features, sufficient legal restrictions to ensure ongoing compliance with the approved protection and compensation measures, which may include deed restrictions, conservation easements, or other landowner agreements permanently conserving the associated Natural Resource Features, shall be required in a form acceptable to the City Attorney.

D. Demarcation of Protected Resources Required. All conserved areas or compensation areas required to be established or managed pursuant to the provisions of this Article, whether on or off site, shall be demarcated with a combination of fencing, planting, and signage to prevent mowing, clearing, vehicle trespass, or other damage to or abuse of the area.

E. Surface Water Setbacks Exempted. The requirements of Subsections B, C and D above (surety or financial instrument, legal protection, and demarcation) shall not apply to Surface Water Setbacks.

F. Off Site Compensation of Natural Resource Features.

1. Off-site compensation may be permitted only through approval of a Special Exception by the Plan Commission, and provided:

a. The Plan Commission determines that off-site compensation is a desirable alternative to compensation on site and will achieve greater overall benefit to the City of Franklin and the Natural Resource Features to be mitigated.

b. The off-site compensation shall occur within the City of Franklin on a site where sufficient ownership or control to manage and maintain the compensated features in the manner approved is demonstrated and assured to the satisfaction of the Plan Commission and City Attorney.

2. All off-site compensation shall require site plan approval under Article 9 for the site where compensation is proposed. The recording of sufficient legal protections to ensure ongoing compliance, which may include deed restrictions or conservation easements, is required to protect the area of the property on which off-site compensation occurs, in a form acceptable to the City Attorney.

3. Wetland Banking. In the event an applicant has secured credits from a wetland bank within the Pike Root HUC8 Watershed that is approved for business by the Wisconsin DNR, the Plan Commission may at its discretion approve compensation through purchase of wetland bank credits at the ratios required in Table 15-7-03. Any such approval shall require demonstration by the applicant that a legally binding agreement for the purchase of credits has been executed before issuance of the first Zoning Permit for any construction activity associated with the approval.

G. Compensation of Specific Natural Resources. In its review and approval of a Natural Resource Protection Plan and any compensation measures, the Plan Commission shall be guided by the standards in the City of Franklin Natural Resource Protection Plan Guidance. The following minimum compensation standards shall be met:

1. Species of trees and plants used in the compensation of woodland and forests shall be subject to review by the City Forester to ensure that species selected for compensation are likely to be successful within the area of the City where proposed and represent an equal or greater value in promoting the health and integrity of the City's forest resources relative to the resources impacted by the project.

2. Surety Required. A surety or other financial instrument sufficient to replace the required plantings shall be retained by the City for a period of two (2) years after planting to ensure establishment and plant growth. The surety may be released after two (2) years provided the City Forester has inspected the site and determined that plant establishment has occurred. If the City Forester has determined that remedial planting is required, the surety shall be extended for another two (2) years after the date of remedial planting. Existing trees with a caliper of eight (8) inches or greater diameter at breast height (other than removal of invasive plant species on the Wisconsin Administrative Code Chapter 40 NR Invasive Species List) that are removed shall be replaced one-for-one on the site, in addition to any woodland area compensation required.

3. In the event the City Forester determines that replanting is not advisable on the site, the applicant shall pay the City a fee in lieu per tree based on the City's established Fee Schedule at the time the first Zoning Permit associated with the approval is obtained.

4. Cutting of or damage to trees planted as compensation shall constitute a violation of this Article and shall be subject to enforcement under Section 15-9-14.

5. SEWRPC-Designated Resources.

a. Compensation of impacts to SEWRPC Primary and Secondary Resource Corridors and Isolated Natural Areas shall be based on the nature of the Natural Resource Features in the affected area, as documented in the Natural Resource Protection Plan.

b. At the discretion of the Plan Commission, applicants may provide for the permanent protection of an equivalent area of any combination of SEWRPC Primary or Secondary Resource Corridor, or Isolated Natural Area, within the City of Franklin, so long as the total area conserved is of sufficient size to meet the required compensation area pursuant to this Article.

6. Shoreland Wetlands; Federal Jurisdictional Wetlands.

a. Impacts to shoreland wetlands shall be governed by approvals issued pursuant to Article 9 and shall be contingent upon receipt by the City of permits from the Wisconsin Department of Natural Resources and United States Army Corps of Engineers, as applicable.

b. Impacts to federal jurisdictional (i.e., Class 1 and Class 2) wetlands shall be contingent upon receipt by the City of permits from the Wisconsin Department of Natural Resources and United States Army Corps of Engineers, as applicable.

c. Compensation for shoreland wetland and federal jurisdictional wetlands shall occur at the ratio for wetlands in Table 15-7-03 in strict accordance with the most recently-published Guidelines for Wetland Compensatory Mitigation in Wisconsin or equivalent documentation.

7. Lakes and Ponds. Direct impacts to lakes and ponds shall be contingent upon receipt by the City of copies of permits from the Wisconsin Department of Natural Resources and United States Army Corps of Engineers, as applicable. Direct impacts to lakes and ponds may be compensated at the ratio in Table 15-7-03 only if the impact and compensation is part of an approved Natural Resource Protection Plan and an approved Stormwater Management Plan 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 maintained or increased; and

c. No flooding or adverse drainage conditions on adjoining properties will be created.

8. Surface Water and Wetland Buffers; Degraded or Non-Federal Jurisdiction Wetlands. Impacts to required surface water and wetland buffers shall require compensation at the ratios in Table 15-7-03. Compensation may include any combination of the following:

a. Establishment of a new or enhanced surface water or wetland buffer on or off site, or consistent with the standards in Section 15-7-05 of this Article and the standards in the City of Franklin Natural Resource Guidance;

b. Use of any combination of the compensation options in Section 15-7-02(D)(2)(d) of this Article as further set forth in the City of Franklin Natural Resource Guidance.

§ 15-7-05 Surface Water and Wetland Buffers.

A. The Plan Commission may approve construction-phase (i.e., temporary) or post-construction (i.e., permanent) impacts within an existing or proposed Surface Water or Wetland Buffer only upon finding that:

1. The authorized reduction in the width or area of the buffer is the minimum necessary to allow the proposed use to function efficiently on the project site.

2. The reduced buffer, and its associated planting plan, will be sufficient to protect the associated surface water or wetland so as to prevent loss of function or flooding.

3. Sufficient planting, fencing, or other demarcation will be provided during construction to protect the buffer from activities and damage such as mowing, storage, parking, or snow storage.

B. Impacts within Surface Water or Wetland Buffers shall include, without limitation, the following:

1. Construction-phase disturbance, including clearing, grubbing, and disturbance of the surface grade.

2. The construction of new or expanded structures or impervious surface area.

3. Clearing or mowing, or the establishment of actively maintained vegetation such as turfgrass, planted islands, or landscaped strips.

4. Permanent or temporary stormwater ponds.

C. If a Surface Water or Wetland Buffer is established at a width less than required in this Article, the difference in surface area between the required and proposed Wetland or Surface Water Buffer shall be compensated at the required ratio in Table 15-7-03.

D. Standards for Surface Water and Wetland Buffer Compensation. Where compensation for impacts to a buffer is approved, in addition to the standards in the City of Franklin Natural Resource Protection Guidance, the following specific standards shall be met:

1. The perimeter of any existing Surface Water or Wetland Buffer affected by an approved development, and the perimeter of all new or restored buffers provided as, shall be established or re-established with plantings, fencing, or a combination thereof.

2. The Plan Commission may approve, as a Special Exception, the restoration or establishment of a new surface water or wetland buffer on an existing developed site within the City of Franklin as compensation for impacts on a Natural Resource Feature under this Article.

E. The Plan Commission may deviate from the strict numeric requirements of the required buffer width or required compensation ratio where the following conditions apply:

1. The proposed buffer has a minimum width of five (5) feet at its narrowest point, a minimum average width of twenty (20) feet, and a minimum total area of one hundred fifty (150) square feet.

2. In the opinion of the City Engineer, the proposed buffer would provide a material benefit to water quality, flooding, and stormwater management.

3. The combination of impervious surface area removed (if any), the amount of impervious surface area draining to the new or restored buffer, the degree of planting provided, and the width and size of the buffer represent, in the opinion of the City Engineer, sufficient benefit to water quality, flood prevention, and stormwater management to offset the development impact.