Existing Conditions. Maple Lake:

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1 Existing Conditions The Village of Paw Paw and surrounding areas are blessed with an abundance of water features. These include Maple Lake and Briggs Pond, as well as the Paw Paw River. These water features reside in the Paw Paw River Watershed, which spans Kalamazoo, VanBuren and Berrien Counties, and extends as far west as Lake Michigan. governmental units participate in regulating water quality in some form. The Village of Paw Paw, along with eight other townships and villages, participated in the Paw Paw River Watershed Plan project and had their master plans and zoning ordinances reviewed by the Southwest Michigan Planning Commission. The review noted that many master plans do not fully address the connections between water quality and land use, or the impacts of development on natural resources. The PPRW Plan goes so far as to note that waterbody protection is generally missing from zoning ordinances and is something that needs to be addressed. The Paw Paw River Watershed gained most of its formations from glacial movement eons ago. However, this brought about unique landforms, lakes, and rivers which provide natural beauty to the State and region. The State of Michigan allows for local governments to regulate water quality and provide for it through master plans and zoning ordinances. In the Paw Paw River Watershed, 39 Maple Lake: A throughflow lake means that water enters one end of the lake and flows out through the opposite end. Maple Lake receives water and pollution from Briggs Pond and the West Branch of the Paw Paw River, and water and pollution flow out the north end of Maple Lake. Maple Lake is a medium sized manmade lake, which borders both Briggs Pond and Ackley Lake. The lake covers an area of 166 acres, and is a throughflow lake. 3 P a g e

2 According to the PPRW, the depth of Maple Lake is 15 feet. Maple Lake has considerable development on its shores that includes varieties of residential, public and commercial land use, as well as Maple Island.. a recreational attraction and community destination. Maple Lake has attracted many to its shores, and as such, the vast majority of the lake is surrounded by residential dwellings. Many of the lots surrounding Maple Lake are long and narrow, providing a surprisingly high density for waterfront access. These lots are primarily situated near the northeast side of Maple Lake, continuing down to the southern end. On the west side of the lake, lots are much larger, allowing for a lower density along the shoreline. With private ownership of land and few standards, there has been much homogenization of the shoreline. In addition to the residential development, there are four parks and a few businesses. The Village of Paw Paw s Existing Homogenization of the shoreline includes installing sea walls, rip rap, and sheet piling. Homogenization also decreases the diversity of plants found on the shoreline. Land Use Map indicates the largest public area to be Bronson Lakeview Hospital situated on the west shoreline of Maple Lake. The commercial sector abuts the lake at the southern tip. While the abutting commercial land is not very large, the Village of Paw Paw s Future Land Use Map does not envision commercial land use to be located around the lake - - and the small existing commercial area is instead planned as Public. In the Concept Plan section of the Master Plan of the Village of Paw Paw, this small area has been specifically envisioned as public green space abutting the lake. 4 P a g e

3 Briggs Pond: Briggs Pond, the other main waterbody in the Village of Paw Paw, is also surrounded by development. Mirroring Maple Lake, land use surrounding Briggs Pond includes residential, commercial and public areas. Extensive land area on the west shore of Briggs Pond is planned as Public.. and is currently occupied by Paw Paw Middle School, as well as a small walk way out toward the dam. Though the northwest corner of the Briggs Pond shoreline is occupied by a mixture of public, residential and commercial land use - - the area is planned for Mixed Use. This becomes an important distinction in that mixed use zoning applies specific guidelines for development design. Land use on the east shoreline of Briggs Pond has been distinguished by the recent adoption of the Village Revitalization Area Concept Plan and Village Revitalization Area Planned Unit Development District. With the recent clean-up of brownfield sites and the removal of outdated industrial zoning.. the area is now slated for a mixure of housing choices with the integration of smallscale, specialty retail/service establishments, civic and cultural facilities, and recreational opportunities. Paw Paw River: The Paw Paw River ecosystem benefits not only humans but also animals through its existence. It is able to recharge the groundwater, clean the air and naturally filter water. 5 P a g e

4 It also provides wonderful recreation opportunities, with ample fishing, boating and swimming. However, there are very few protected lands around the Paw Paw River as it enters the Village of Paw Paw. The Paw Paw River is a coolwater system, which provides a refuge for types of fish such as trout and other coldwater aquatic species. The different branches of the Paw Paw River are surrounded by many different types of zones. Along the East Branch - - industrial, public, commercial and residential development is permitted. Upstream of the many residential areas (and Briggs Pond) exists both agricultural and industrial areas with little to no runoff protections. Along the West Branch of the Paw Paw River, public land occupies much of the surrounding area leading into Briggs Pond. However, continuing south, there are large tracts of agricultural land. South of Briggs Pond and along a portion of the West Branch lies the only area within the Village of Paw Paw located within a well-head protection zone. This zone, designed to provide groundwater protection measures near Village wellheads, offers a solid approach to the protection of water resources through land use regulation. Its impact on the Paw Paw River is minimal, however, due to its limited geographic scope. The West Branch of the Paw Paw River is also home to a walking trail and natural vegetation. Polluted runoff and increased nutrient levels lower the dissolved oxygen levels. Runoff can become polluted from improper disposal of oil, pesticides, fertilizers; spills or improper maintenance or storage. Briggs Pond receives its water from two branches of the Paw Paw River the West and East. While these branches converge in two different places, they both eventually enter 6 P a g e

5 Briggs Pond, then continue through to Maple Lake. After passing through a variety of different land use zones and densities, the waters bring with them all that is picked up along the way, including large amounts of arsenic from fertilizers. 7 P a g e

6 How Current Land Use Affects Water Quality The health and quality of water bodies is directly related to the land uses that surround those water bodies. Differing land uses affect water quality in various ways.. depending on what takes place on the land and what runoff ends up in the bodies of water. ecology of the lakes, rivers, and shores. Several counties in High Concentrations of Algae All uses and impacts noted in this section were taken from the Paw Paw River Watershed Management Plan written in August 2008 by the Southwestern Michigan Planning Commission (SWMPC). Currently the way land is regulated in its relationship to water quality is the responsibility of local governing bodies. Land use management through master planning and zoning govern how land can be used, including how water is managed on site (runoff), the amount of lot coverage (impervious surface) allowed, and land cover. Michigan have adopted bans on the use of certain fertilizers.. along with other uses that have been found to play a significant role in protecting water quality. Managing the land use along shorelines has a large impact on water quality and the 8 P a g e

7 It is important to consider how land uses impact shorelines, soils, and drainage patterns... because these directly impact the water body.. and changes to a water body not only affect the immediate area but also those areas downstream and the water system as a whole. sanding of roadways during the winter creates a runoff which increases the pollutions and salinity of the water. Essentially.. what goes onto a roadway will drain into an adjacent water system affecting the water quality of that system. While this issue is known, each local governmental body regulates roadways and manages them differently. Maple Lake, Briggs Pond, and the Paw Paw River all have a considerable amount of development on their shorelines... consisting of roadways, commercial development, public land, industrial, and residential uses. Agricultural practices have a substantial impact on water quality through fertilizer Roads play a huge role in generating runoff into water systems. The salting and runoff. However, the lack of agricultural land use in the Village of Paw Paw make it 9 P a g e

8 difficult to effectively regulate the use of fertilizers and manage runoff from the agriculture land use occurring upstream. Residential development that changes the shoreline habitat is equally impactful by decreasing diversity and impacting the different nutrients available. Human activities also affect water quality through fertilizers, the removal of aquatics plants and the homogenization of the shoreline through erosion control. limited, species are removed and water quality changes. It is also suspected that oils, grease and metals, as well as pesticides from commercial and industrial uses also act as pollutants and affect water quality through runoff. The PPRW Management Plan notes that sediment and nutrients (from fertilizers and other growth methods) are Arsenic Sedimentation These changes to water quality and natural habitat have been shown to negatively impact aquatic species, especially fish. As reproduction in fish is also both known pollutants. Sediments and nutrients can drastically alter the chemical makeup of a water body and make it unsuitable for the natural flora and fauna to flourish. The Paw Paw River is a coolwater system, which 10 P a g e

9 provides a refuge for types of fish such as trout and other coldwater aquatic species. Specifically, the East Branch is threatened due to known sedimentation. Factors which are suspected of taking a toll on Maple Lake are also suspected of impacting the East Branch, including the deposit of nutrients and pesticides and an increase in water temperature. Polluted runoff and increased nutrient levels lower the dissolved oxygen levels. Runoff can become polluted from improper disposal of oil, pesticides, fertilizers; spills or improper maintenance or storage. The West Branch of the river suffers from similar sedimentation impacts, but with the added problem of low dissolved oxygen levels. As a result, the river is also threatened by suspected bacteria and pathogens such as E. Coli. In some places of the West Branch, the PPRW Plan notes that sedimentation exceeds three feet. The West Branch has also been identified as the primary source of sediment problems in Briggs Pond and Maple Lake by the Van Buren County Drain Commissioner and the Village of Paw Paw. 11 P a g e

10 Gap Analysis of Existing Planning Tools Gap analysis within community planning evaluates the gap between a municipality s actual performances towards an identified goal against its potential performance towards that goal. In gap analysis, typically a list is made of the municipality s current plans and planning tools, its desired goal or direction, and a comprehensive plan to fill out the gap between these two states. This analysis can yield a lot of insights into an organization s performance and functioning. It can be a pertinent exercise in helping a community identify a modified or new course of action. The Village of Paw Paw has a Master Plan; a Zoning Ordinance; a Wellhead Protection Program; takes part in the Southwestern Michigan Planning Commission s Paw Paw River Watershed Management Plan; and, has completed a Maple Lake Improvement Management Plan. Each of these planning tools is addressed with regards to the standards the tool sets, as well as standards that are identified as missing with regards to a focus on water quality protection. Master Plan: Standards Set A Master Land Use Plan is a document that provides guidance for land use and development in the consideration of the future. For the Village of Paw Paw, this plan addresses the desires of its citizens for the use of land within the Village for the next 20 or more years. Around Maple Lake, three future land use classifications are identified on the Future Land Use Map: Low Density Residential, Medium Density Residential, and Public land use. Low Density Residential (LDR) consists of single family dwellings with a base density of 3 dwelling units per acre or less and generally results in lots that are 10,000 square feet or greater. Medium Density Residential consists of single and two family dwellings on smaller lots, with a base density of 3.5 to 6 dwelling units per acre and generally results in lots that are between 6,000 and 8,700 square feet. 12 P a g e

11 Public land use is a designation designed to include institutional uses such as hospitals and public schools, as well as public parks. Where Maple Lake is concerned, the Public land uses constitute public parks and Bronson Lakeview Hospital. These land uses are unlikely to change within the next 20 or more years. Concerning Briggs Pond and the East/West Branches of the Paw Paw River, future land uses are designated to be LDR, Public, Mixed Use, and include a Planned Unit Development. Mixed Use (MU) promotes the blending of businesses and dwellings within the same development or building. Mixed Use developments often create a vibrant mix of shops, services and multiple family dwellings which in turn also serve nearby neighborhoods. The Planned Unit Development (PUD) district is a designed grouping of both varied and compatible land uses, all within one development, and includes specific regulations for the development. The Village of Paw Paw is using the PUD approach as a unique way to revitalize a former industrial area and encourage the redevelopment of a nearlyabandoned section of the Village. Missing Standards It is important to note that the Village of Paw Paw s Master Land Use Plan supports the goal of waterfront protection. However, the plan does not establish land use regulationsmore simply it is a guidebook for land use plans. Towards the goal of waterfront protection, the Master Land Use Plan keeps Public land designation adjacent to the waterfront where possible, and promotes the idea of the potential for existing land uses other than Public to become Public in the future. Both the Mixed Use and PUD district promote waterfront protection. The PUD even provides some regulation regarding waterfront properties within the PUD district. However, the large portions of LDR and MDR adjacent to the Village s waterfronts, while extremely attractive to current and potential residents, could continue to potentially harm these water resources. 13 P a g e

12 Zoning Ordinance: Standards Set The Village of Paw Paw Zoning Ordinance is established in accordance with the needs of the Village. Specifically, the Village Zoning Ordinance seeks to protect and promote the public health, safety, and general welfare of the Village, and to control and guide the orderly growth and development within the Village. To this end, one of the development goals of the Village that the zoning ordinance provides for is to guard against community impacts which can adversely affect those positive qualities that make up the distinctive character of the village, and which can adversely affect its social and economic climate. It is this particular development goal that the burden of water resource protection would be included. Currently Maple Lake and Briggs Pond are surrounded for the majority by (r- 1), Single Family Residential, and (r-2), 1 & 2 Family Residential, with a couple instances of (r-o), Restricted Office, and (r-m), Multi-Family Residential. Each district comes with principal permitted uses, and uses subject to a special use permit. Generally speaking, both (r-1) and (r-2) allow single-family detached dwellings, publically owned parks, libraries and recreational facilities, and grade schools not operated for a profit. Uses such as churches, public utility buildings, and group homes, among others, are a subject to a special use permit in these districts. Restricted Office and Multi-Family Residential are transitional districts between more intensive land uses such as commercial districts and less intensive uses such as (r-1) and (r-2). Specifically, within the zoning ordinance language for these aforementioned districts, a single waterfront-based regulation is found. This regulation promotes water resource protection on Maple Lake, Briggs Pond, and the East/West Branches of the Paw Paw River by stating that abutting properties shall be treated as a through lot and have required front yards on both frontages. Additionally, for lots with frontage on Maple Lake specifically, accessory buildings may be built within the required front yard. 14 P a g e

13 Missing Standards Other than applying a front yard setback requirement to the side of a property that abuts a Village shoreline, no other standards exist within the Zoning Ordinance that serves to protect waterfronts. The Village has, however, recently adopted a Noxious Weed Ordinance, which certainly helps in the protection of Village waterfronts. This ordinance differentiates between noxious weeds and native vegetation approved by the Michigan Natural Shoreline Partnership and similar agencies. This differentiation is important, as native vegetation along riparian property helps maintain natural shorelines. A natural shoreline with native vegetation helps to protect the water body from erosion and sediment or nutrient loading. Native vegetation along riparian property also improves shoreline wildlife habitat. Wellhead Protection Program: groundwater movement and flow to prompt local industry in better environmental review. The program has helped the Village identify sites to purchase and locate new wells. The Village monitors and tests groundwater separate from local industry. The program includes the implementation of an ongoing, aggressive environmental education program. Missing Standards The Wellhead Protection Program does not provide any regulations or enforceable rules to waterfront properties specifically. The Village absolutely recognizes that land use impacts groundwater and the educational pieces of this Protection Program are award winning. The Wellhead Protection area covers a limited area of Village, with no lakefront areas within it, although the West Branch of the Paw Paw River does flow through the Wellhead Protection area. Standards Set The Wellhead Protection Program utilizes all previous studies on 15 P a g e

14 Paw Paw River Watershed Management Plan: Standards Set In August 2008, the Southwestern Michigan Planning Commission (SWMPC) drafted the Paw Paw River Watershed Management Plan. The Paw Paw River Watershed Management Plan identifies structural, vegetative, and managerial tasks to be implemented within the watershed area. The Plan outlines various implementation strategies for resident municipalities. The Plan recognizes that promoting involvement by community stakeholders (39 different governmental units) in developing solutions to watershed management problems is an uphill battle. The Village of Paw Paw has a unique spot within the Paw Paw River Watershed. The Village sits atop a transitional line within the Paw Paw River watershed where coldwater streams meet warmwater streams, and the area drained by them sheds in different directions. The Village sits within two Paw Paw River subwatersheds in this way. As part of the Paw Paw River Watershed Planning Project, the Village of Paw Paw agreed to have their Master Land Use Plan and Zoning Ordinance reviewed by SWMPC. The goal of these evaluations was to assist with the identification of strengths and limitations in the master plan and zoning ordinance that support the protection of water quality and natural resources. Missing Standards This Plan encompasses the entirety of the Paw Paw River Watershed, of which the Village of Paw Paw only makes up a small piece of the puzzle. The Village of Paw Paw uses this plan as the basis of various educational programs and important public information. Further, the Village recognizes the connection between land use and water quality. However, all of the identified tasks within the Paw Paw River Watershed Management Plan are voluntary and come without specific regulation. 16 P a g e

15 Maple Lake Improvement Management Plan Study: Standards Set In October 2009, the Village of Paw Paw with Paw Paw Township, prepared a Maple Lake Improvement Management Plan Study. This Plan Study identifes lake water quality and aquatic vegetation guidelines. The Plan Study s key findings conclude that Maple Lake has been impacted by nutrient and pollutant loads from surrounding rivers and tributaries as well as nutrient and sediment loads from residential development around the lake shoreline. The Plan Study calls the Maple Lake shoreline highly developed and emphasizes the need for riparian properties to follow sound land use management practices to protect the water quality of the lake. Missing Standards The Maple Lake Improvement Management Plan Study makes only suggestions on the potential for improvement approaches. Without further regulations on riparian properties, the water quality of Maple Lake will continue to be vulnerable. Conclusions: The health and quality of the water system within the Paw Paw River Watershed continues to be vulnerable to waterfront land use; Regional and local land use plans recognize the need for waterfront protection and set forth goals for the adoption of waterfront land use regulations; No meaningful waterfront land use regulations have been adopted within the Village of Paw Paw; A Waterfront Overlay District has been developed for application to waterfront properties within the Paw Paw River Watershed.. specifically for adoption by the Village of Paw Paw. 17 P a g e

16 Waterfront Overlay District Purpose The purpose of this District is to recognize the unique physical, environmental, economic, and social attributes of water bodies, watercourses, and shoreline properties in the Village of Paw Paw, and ensure that the uses and structures within this District are compatible with and protect these unique attributes. Other specific purposes include: A. Protect waterfront property as an asset to the community in terms of quality of life and economic development; B. Create a character in the waterfront area that will stimulate investment within the area; C. Enhance and encourage public enjoyment and use of waterfront vistas and activities; D. Encourage high quality development that is attractive to the public and enhances the appearance of the waterfront; and E. Encourage development that is sensitive to the area's unique environmental qualities. Applicability A. The Waterfront Overlay District is a supplemental District which applies to certain designated lands, as described in this Section and illustrated on the Village of Paw Paw Zoning Map, and shall apply over the existing zoning district established by this Ordinance, hereinafter referred to as the underlying zoning district. B. The Waterfront Overlay District shall apply to all lands located within 100 feet of the shoreline of the water bodies and watercourses within the Village of Paw Paw. 18 P a g e

17 C. In cases where a lot is partially inside and partially outside of the Waterfront Overlay District, only those portions located with the District shall be required to comply with the requirements of this District. D. Where the requirements of the Waterfront Overlay District vary or conflict with the requirements of the underlying zoning district or other provisions of this Ordinance or other applicable codes, regulations and standards, the stricter shall govern. Definitions For purposes of this District, the following definitions shall apply: A. Lot Coverage: The part or percent of a lot occupied by impervious surfaces, including, but not limited to, buildings or structures, paving, drives, patios, and decks. B. Natural Vegetative Cover: Natural vegetation, including bushes, shrubs, groundcover, and trees, on a lot. Lawn shall not qualify as natural vegetative cover. In Michigan natural shoreline vegetation includes a mix of flowering and fruit-bearing plants and grasses such as the New England Aster, Joe-Pye Weed, Spiderwort, Green Bulrush, Boneset, and the Highbush Cranberry. C. Ordinary High Water Mark: The point on the bank or shore up to which the presence and action of the surface water is so continuous as to leave a distinctive mark such as by erosion, vegetation, or other easily recognized characteristic. D. Shoreline: The ordinary high water mark on a lot or parcel of land. E. Shoreline Vegetative Buffer: The area along the shoreline maintained in natural or planted vegetation. 19 P a g e

18 Development Requirements A. Allowed Uses: Permitted Uses and Special Uses allowed in the underlying zoning district, provided that Special Uses meet the requirements of Sections and of this Ordinance. B. Prohibited Uses: The following uses are prohibited within the Waterfront Overlay District: 1. Gasoline stations/fuel dispensing businesses 2. Automotive repair facilities 3. Car wash establishments 4. Dry cleaning and laundry establishments 5. Uses allowed solely within the I-1 or I-2 Districts C. Dimensional Requirements: Except as noted below, minimum requirements for lot area, lot width, yards, building area and building height shall comply with the requirements of the underlying zoning district. 1. Lot coverage shall not exceed 35%. 2. All buildings shall be setback a minimum of 35 feet from the shoreline. D. Shoreline Vegetative Buffer: 1. A buffer bordering any watercourse or water body shall be maintained in its natural vegetative state. Lawn shall not qualify as a natural vegetative buffer in this District. 2. The natural vegetative buffer shall be a minimum width of 15 feet, as measured from the shoreline. A natural vegetative buffer helps to prevent erosion, protect waterbodies from polluted runoff and support healthy ecosystems. 20 P a g e

19 3. Within the shoreline vegetative buffer, no more than 20 feet for each 100 feet of shoreline may be cleared to afford lake access. The lake access area must be covered in vegetative ground cover to help protect water quality by controlling erosion, sedimentation and storm water runoff. Impervious materials such as asphalt or concrete shall not be used within the shoreline buffer area. 4. These provisions do not apply to the removal of noxious, dead, diseased, or dying vegetation or trees. 5. The shoreline vegetative buffer shall not be used for parking or storage. E. Natural Vegetative Cover: Natural Shoreline landscaping strives to: minimize soil disturbance, reduce runoff and erosion, improve the habitat, and sustainably work with the natural environment and topography. 1. Lots are encouraged to maintain a minimum of 30% of the entire lot area in natural vegetative cover. To the extent practicable, natural vegetative areas should be maintained along lot lines, watercourses and water bodies, natural drainage courses, wetlands, and steep slopes. The required Shoreline Vegetative Buffer may be included as part of the natural vegetative cover calculations. 2. In the case of planned unit developments, site condominiums, and open space developments, each individual lot need not meet the requirements of this Section, provided the total project or an individual phase of a project meets the requirements of this Section. 21 P a g e

20 F. General Design Standards/Guidelines: 1. To the extent feasible, natural drainage areas should be protected from grading activity. 2. The use of low impact development approaches to the on-site retention and infiltration of storm water is encouraged to reduce adverse impacts of storm water drainage on abutting properties and the water resources. These approaches include: rain gardens, infiltration trenches, and rain barrels. 3. Natural vegetation, especially mature trees, should be retained wherever possible. Low-Impact Development includes installing pervious surfaces in driveways and streets; natural vegetative cover; as well as sustainable measures to protect water quality. G. Approvals 4. Clustered development is encouraged to retain open space and vegetative cover and minimize changes to topography. 5. Buildings shall be oriented in consideration of the waterfront. 6. Parking and loading areas shall be visually buffered from the abutting waterfront, primarily through the use of natural vegetative cover. 7. Site design shall provide visual access to the waterfront and allow/support waterfront access and recreational opportunities. 1. A site plan shall be submitted in accordance with Section for all Permitted Uses. 22 P a g e

21 2. All Special Uses shall be subject to the Special Use Permit Requirements set forth in Section Single and two-family dwellings shall be subject to the administrative site plan review process. 4. For all development, including single- and two-family dwellings, submission of a site plan showing the following shall be required: a. Existing natural features, including wetlands, steep slopes; b. The ordinary high water mark; c. The placement of existing and proposed structures; d. Grading limits; e. Areas of proposed clearing; f. A calculation of lot coverage and vegetative cover; g. Proposed low impact development storm water controls. 5. Development within the Waterfront Overlay District shall comply with all applicable local, County, State, and Federal laws. 6. A building permit shall not be issued in the Waterfront Overlay District unless a copy of the Soil Erosion and Sedimentation Permit is on file with the Village of Paw Paw. 23 P a g e