GENERAL PROVISIONS

§ 154.01 GENERAL PROVISIONS.

   (A)   Statutory authorization. This chapter is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 62.23 for villages and cities; Wis. Stats. §§ 59.69, 59.692, and 59.694 for counties; and the requirements in Wis. Stats. § 87.30.

   (B)   Finding of fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base.

   (C)   Statement of purpose. This chapter is intended to regulate floodplain development to:

      (1)   Protect life, health, and property;

      (2)   Minimize expenditures of public funds for flood control projects;

      (3)   Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

      (4)   Minimize business interruptions and other economic disruptions;

      (5)   Minimize damage to public facilities in the floodplain;

      (6)   Minimize the occurrence of future flood blight areas in the floodplain;

      (7)   Discourage the victimization of unwary land and homebuyers;

      (8)   Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

      (9)   Discourage development in a floodplain if there is any practicable alternative to locate the activity, use, or structure outside of the floodplain.

   (D)   Title. This chapter shall be known as the Floodplain Zoning Chapter for the Village of Newburg, Wisconsin.

   (E)   General provisions.

      (1)   Areas to be regulated. This chapter regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO Zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.

      (2)   Official maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO, or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process (see § 154.07) before it is effective. No changes to RFEs on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the Village Administrator/Clerk’s office. If more than one map or revision is referenced, the most restrictive information shall apply.

         (a)   Official maps based on the FIS. Official maps based on the FIS as amended from time to time.

         (b)   Official maps based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development. Including letter of map revision “Newburg Dam Removal” (case number 15-05-0254P, dated 7-1-2015).

      (3)   Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts as follows:

         (a)   The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM;

         (b)   The Floodfringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM; and

         (c)   The General Floodplain District (GFP) are those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH, and AO Zones on the FIRM.

      (4)   Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in divisions (E)(4)(a) or (E)(4)(b) below. If a significant difference exists, the map shall be amended according to § 154.07.

         (a)   If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

         (b)   Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.

      (5)   Removal of lands from floodplain. Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to § 154.07.

      (6)   Compliance. Any development or use within the areas regulated by this chapter shall be in compliance with the terms of this chapter and other applicable local, state, and federal regulations.

      (7)   Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the state’s Department of Transportation is exempt when Wis. Stats. § 30.2022 applies.

      (8)   Abrogation and greater restrictions.

         (a)   This chapter supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 59.69, 59.692, or 59.694 for counties; Wis. Stats. § 62.23 for cities; Wis. Stats. § 61.35 for villages; or Wis. Stats. § 87.30 which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

         (b)   This chapter is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

      (9)   Interpretation. In their interpretation and application, the provisions of this chapter are the minimum requirements liberally construed in favor of the governing body and are not a limitation on, or repeal of, any other powers granted by state statutes. If a provision of this chapter, required by Wis. Adm. Code Ch. NR 116, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.

      (10)   Warning and disclaimer of liability. The flood protection standards in this chapter are based on engineering experience and research. Larger floods may occur or the flood height may be increased by human-made or natural causes. This chapter does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This chapter does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this chapter.

      (11)   Annexed areas for cities and villages. The Washington and Ozaukee Counties floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Wis. Adm. Code Ch. NR 116 and 44 C.F.R. parts 59 through 72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality’s official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Municipal Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.

(Ord. 07-2015, passed 9-3-2015)

§ 154.02 GENERAL STANDARDS.

   (A)   Permit applications.

      (1)   The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.

      (2)   Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this chapter and all other requirements in § 154.03. Adequate drainage shall be provided to reduce exposure to flood hazards, and all public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damages.

   (B)   Hydraulic and hydrologic analyses.

      (1)   No floodplain development shall:

         (a)   Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or

         (b)   Cause any increase in the regional flood height due to floodplain storage area lost.

      (2)   The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of § 154.07 are met.

   (C)   Watercourse alterations.

      (1)   No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified, in writing, all adjacent municipalities, the Department, and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of § 154.07(B) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.

      (2)   As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, and pursuant to § 154.07, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

   (D)   State permit. Development which requires a permit from the Department, under Wis. Stats. Chapters 30 and 31, such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to § 154.07.

   (E)   Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

      (1)   The campground is approved by the Department of Health Services;

      (2)   A land use permit for the campground is issued by the Zoning Administrator;

      (3)   The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants;

      (4)   There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator, and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;

      (5)   This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated by the officials identified in division (E)(4) above to remain in compliance with all applicable regulations, including those of the state’s Department of Health Services and all other applicable regulations;

      (6)   Only camping units that are fully licensed, if required, and ready for highway use are allowed;

      (7)   The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours;

      (8)   All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section;

      (9)   The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;

      (10)   All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either §§ 154.05 for the floodplain district in which the structure is located;

      (11)   The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and

      (12)   All service facilities including, but not limited to, refuse collection, electrical service, gas lines, propane tanks, sewage systems, and wells shall be properly anchored and placed at or flood-proofed to the flood protection elevation.

(Ord. 07-2015, passed 9-3-2015)

§ 154.03 FLOODWAY DISTRICT (FW).

   (A)   Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to § 154.05(D).

   (B)   Permitted uses. The following open-space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: they are not prohibited by any other ordinance; they meet the standards in divisions (C) and (D) below; and all permits or certificates have been issued according to § 154.21:

      (1)   Agricultural uses such as farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting;

      (2)   Nonstructural industrial and commercial uses such as loading areas, parking areas, and airport landing strips;

      (3)   Nonstructural recreational uses such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas, and hiking and horseback riding trails, subject to the fill limitations of division (C)(4) below;

      (4)   Uses or structures accessory to open-space uses, or classified as historic structures that comply with divisions (C) and (D) below;

      (5)   Extraction of sand, gravel, or other materials that comply with division (C)(4) below;

      (6)   Functionally water-dependent uses such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Wis. Stats. Chapters 30 and 31; and

      (7)   Public utilities, streets, and bridges that comply with division (C)(3) below.

   (C)   Standards for developments in the floodway.

      (1)   General.

         (a)   Any development in the floodway shall comply with § 154.02 and have a low flood damage potential.

         (b)   Applicants shall provide the following data to determine the effects of the proposal according to §§ 154.02(B) and (C):

            1.   A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or

            2.   An analysis calculating the effects of this proposal on regional flood height.

         (c)   The Zoning Administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for division (C)(1)(b) above.

      (2)   Structures. Structures accessory to permanent open-space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

         (a)   Not designed for human habitation, does not have a high flood damage potential, and is constructed to minimize flood damage;

         (b)   Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters;

         (c)   Must be anchored to resist flotation, collapse, and lateral movement;

         (d)   Mechanical and utility equipment must be elevated or flood-proofed to or above the flood protection elevation; and

         (e)   It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.

      (3)   Public utilities, streets, and bridges. Public utilities, streets, and bridges may be allowed by permit, if:

         (a)   Adequate flood-proofing measures are provided to the flood protection elevation; and

         (b)   Construction meets the development standards of § 154.02(B).

      (4)   Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

         (a)   The requirements of § 154.02(B) are met;

         (b)   No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Wis. Stats. Chapter 30, and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344 has been issued, if applicable, and all other requirements have been met;

         (c)   The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling, or bulkheading; and

         (d)   The fill is not classified as a solid or hazardous material.

   (D)   Prohibited uses. All uses not listed as permitted uses in division (B) above are prohibited, including the following uses:

      (1)   Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;

      (2)   Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish, or other aquatic life;

      (3)   Uses not in harmony with, or detrimental to, uses permitted in the adjoining districts;

      (4)   Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Wis. Adm. Code Ch. SPS 383;

      (5)   Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Wis. Adm. Code Chs. NR 811 and NR 812;

      (6)   Any solid or hazardous waste disposal sites;

      (7)   Any wastewater treatment ponds or facilities, except those permitted under Wis. Adm. Code Ch. NR 110.15(3)(b); and

      (8)   Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

(Ord. 07-2015, passed 9-3-2015)

§ 154.04 FLOODFRINGE DISTRICT (FF).

   (A)   Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to § 154.05(D).

   (B)   Permitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in division (C) below are met, the use is not prohibited by this or any other ordinance or regulation, and all permits or certificates specified in § 154.21 have been issued.

   (C)   Standards for development in the floodfringe. Section 154.02(B) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of § 154.06.

      (1)   Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of § 154.06.

         (a)   The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of division (C)(1)(b) below can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.

         (b)   The basement or crawlway floor may be placed at the regional flood elevation if it is dry flood-proofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation.

         (c)   Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in division (C)(1)(d) below.

         (d)   In developments where existing street or sewer line elevations make compliance with division (C)(1)(c) above impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:

            1.   The municipality has written assurance from police, fire, and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or

            2.   The municipality has a DNR-approved emergency evacuation plan.

      (2)   Accessory structures or uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.

      (3)   Commercial uses. Any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of division (C)(1) above. Subject to the requirements of division (C)(5) below, storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

      (4)   Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the flood-proofing standards in § 154.25. Subject to the requirements of division (C)(5) below, storage yards, surface parking lots, and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

      (5)   Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or flood-proofed in compliance with § 154.25. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

      (6)   Public utilities, streets, and bridges. All utilities, streets, and bridges shall be designed to be compatible with comprehensive floodplain development plans:

         (a)   When failure of public utilities, streets, and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with § 154.25; and

         (b)   Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

      (7)   Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system pursuant to § 154.25(C), to the flood protection elevation, and meet the provisions of all local ordinances and Wis. Adm. Code Ch. SPS 383.

      (8)   Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to § 154.25(C), to the flood protection elevation, and shall meet the provisions of Wis. Adm. Code Chs. NR811 and NR812.

      (9)   Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

      (10)   Deposition of materials. Any deposited material must meet all the provisions of this chapter.

      (11)   Manufactured homes.

         (a)   Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

         (b)   In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

            1.   Have the lowest floor elevated to the flood protection elevation; and

            2.   Be anchored so they do not float, collapse, or move laterally during a flood.

         (c)   Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement, and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in division (C)(1) above.

      (12)   Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more, or are not fully licensed and ready for highway use, shall meet the elevation and anchoring requirements in divisions (C)(11)(b) and (C)(11)(c) above. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices, and has no permanently attached additions.

(Ord. 07-2015, passed 9-3-2015)

§ 154.05 GENERAL FLOOODPLAIN DISTRICT (GFP).

   (A)   Applicability. The provisions for this district shall apply to all floodplains mapped as A, AO, or AH Zones.

   (B)   Permitted uses. Pursuant to division (D) below, it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (§ 154.21 have been issued.

   (C)   Standards for development in the General Floodplain District. Section 154.04 applies to floodfringe areas. The rest of this chapter applies to either district.

      (1)   In AO/AH Zones, the structure’s lowest floor must meet one of the conditions listed below, whichever is higher:

         (a)   At or above the flood protection elevation;

         (b)   Two feet above the highest adjacent grade around the structure; or

         (c)   The depth as shown on the FIRM.

      (2)   In AO/AH Zones, provide plans showing adequate drainage paths to guide floodwaters around structures.

   (D)   Determining floodway and floodfringe limits. Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:

      (1)   Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments; along with a legal description of the property, fill limits and elevations, building floor elevations and flood-proofing measures; and the flood zone as shown on the FIRM; and

      (2)   Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:

         (a)   A hydrologic and hydraulic study as specified in § 154.02(B);

         (b)   Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information; and

         (c)   Specifications for building construction and materials, flood-proofing, filling, dredging, channel improvement, storage, water supply, and sanitary facilities.

(Ord. 07-2015, passed 9-3-2015)