Section 2.40.  PRIMARY ENVIRONMENTAL CORRIDOR CONSERVANCY DISTRICT.

(1)        Authority.  This Ordinance is adopted pursuant to the authority granted to the Village by Section 61.34(1) of the Wisconsin Statutes.

(2)        Purpose.  The purpose of this Ordinance is to promote the health, safety, prosperity, aesthetics and general welfare of the residents of the Village of River Hills, as well as to preserve the quality of the human environment within the Village of River Hills.

(3)        Intent.  The intent of this Ordinance is to manage and control the use of those lands and waters within the area of the Village included in the “Primary Environmental Corridor Conservancy District”, as hereinafter more specifically defined, so as to

[a]        secure safe and healthful conditions for the enjoyment of aquatic recreation;

[b]        minimize the conflict between shoreland owners and public water users;

[c]        meet conflicting demands for boating, swimming, diving, skiing, fishing, and other water uses within the boundaries of the Village and within the capabilities of the water and shoreland resources;

[d]       preserve and protect remaining wetland, woodland, and other significant natural resources which contain the best remaining wildlife habitat and scenic areas within the Village;

[e]        restrict the placement or location of structures on land within such district;

[f]        provide for the administration and enforcement of this Ordinance and penalties for its violation.

(4)        Primary Environmental Corridor Conservatory District.  This Ordinance shall apply to all land, water, and air located within the Primary Environmental Corridor Conservancy District, which is herein defined to include all those lands containing scenic, recreational and other natural resources which extend outward from the high water elevation of the Milwaukee River to a distance of five feet.  The air included shall consist of the air for a distance of ten feet above the lands and waters within said district.  The waters included within said district shall consist of that portion of the Milwaukee River lying within the boundaries of the Village of River Hills.  The land and air included within said district shall include only such land and air as shall be within the boundaries of the Village of River Hills.

(5)        Primary Environmental Corridor Conservancy District Regulations.  Except for special uses authorized pursuant to Section 2.40 (6) of this Ordinance, the following controls and regulations upon the use of lands, waters and air within the “Primary Environmental Corridor Conservancy District” are hereby established.

[a]        All uses of land within the “Primary Environmental Corridor Conservancy District” which would substantially impair the natural fauna, flora, watercourses, water regimen or topography are hereby prohibited; but nothing herein contained is intended to prohibit the use of such land for forest and game management; forest reserves; drainage; flood overflows and movement of stream waters; impoundment; ponds or lagoons; stream bank protection; sea walls; recreational uses limited to hiking, wildlife observation, golf courses, tennis courts, equestrian trails, bicycle trails, swimming pools, picnicking, cross-country skiing, sledding, lawn games; preservation of scenic, historic and scientific areas; preservation of wildlife habitat; lawns and gardens accessory to single-family structures; and soil and water conservation practices.

[b]        All uses of water within the “Primary Environmental Corridor Conservancy District” which would substantially impair the natural fauna, flora, watercourses, water regimen or topography are hereby prohibited, including specifically the use of all fuel powered recreational vehicles designed for use or usable on or above the waters, whether frozen or otherwise, but nothing herein contained is intended to prohibit the use of such water for wildlife habitat; recreational uses limited to canoeing, rowing, wildlife observation, swimming, fishing, skating, sledding and cross-county skiing; flood overflow and flood water storage; preservation of scenic, historic and scientific areas; soil and water conservation practices; water retention ponds; and irrigation.

[c]        All uses of air within the “Primary Environmental Corridor Conservancy District” are prohibited which substantially disturb or impair the natural fauna, flora, watercourses, water regimen or topography.

[d]       Notwithstanding the permitted uses described in Paragraphs [a] through [c], any use of the land, water or air shall be conducted so as not to substantially disturb or impair the natural fauna, flora, watercourses, water regimen or topography or to adversely affect the quality of the human environment.

(6)        Special Permits.

[a]        Upon application in writing to the Village Board of the Village of River Hills, said Board may authorize a special use permit for the use of land, water or air in the said Primary Environmental Corridor Conservancy District for a use which is not specifically authorized by the provisions of subsection (5) hereof upon a showing by the applicant that the proposed use of land, water, or air within said District will not obstruct the floodways, increase flood flow, increase or decrease the flood stage, retard the movement of flood waters, adversely affect the quality of the human environment or conflict with the purposes of or intent of this Ordinance.  In making its determination as to whether a proposed use will or will not adversely affect the quality of the human environment, the Village Board shall take into consideration; (1) the extent to which the proposed use will cause adverse environmental effect in excess of those created by authorized uses in said district, and (2) the quantitative adverse environmental effects of the proposed use itself, including the cumulative harm that would result from the proposed uses’ contribution to existing adverse conditions or uses in the Conservancy District.

[b]        Any such special use permit granted by the Village Board shall specifically state the uses permitted, the name of the permittee, the period of time for which such permit shall continue, and any such permit shall restrict the use authorized to the named permittee.

[c]        All applications for special use permits shall be filed in duplicate with the Village Clerk and shall be accompanied by a filing fee as set forth in the schedule of fees as adopted and subject to amendment from time to time by Resolution of the Village Board for each permit requested.  The Resolution and the applicable schedule of fees shall be kept on file in the Office of the Village Clerk and will be posted on the village website.  (Rep & Rec Ord #537, 10/16/19)

[d]       In granting any such special use permit, the Village Board may impose such terms and conditions as it deems necessary to insure that the permitted use will not conflict with the intent and purpose of this Ordinance.

(7)        Penalty.  Any person, firm or corporation who shall violate any provision of this ordinance shall, upon conviction thereof, forfeit not less than Ten ($10.00) Dollars nor more than Five Hundred ($500.00) Dollars together with the costs of the action.  Each day a violation exists shall constitute a separate offense.