Loading...
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 or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 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.
(Ord. passed 7-15-2010)
(A) Generally.
(1) The governing body may change or supplement the floodplain zoning district boundaries and this chapter in the manner provided by law. Actions which require an amendment include, but are not limited to, the following:
(a) Any change to the official floodplain zoning map, including the floodway line or boundary of any floodplain area;
(b) Correction of discrepancies between the water surface profiles and floodplain zoning maps;
(c) Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
(d) Any fill or floodplain encroachment that obstructs flow, increasing regional flood height of 0.01 foot or more;
(e) Any upgrade to a floodplain zoning ordinance text required by Wis. Admin. Code NR 116.05, or otherwise required by law, or for changes by the village; or
(f) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
(2) Consult the FEMA web site at www.fema.gov for the map change fee schedule.
(1) The proposed amendment shall be referred to the Zoning Agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stat. § 62.23.
(2) No amendments shall become effective until reviewed and approved by the Department.
(3) All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
(4) For amendments in areas with no water surface profiles, the Zoning Agency or Board shall consider data submitted by the Department, the Zoning Administrator’s visual on-site inspections, and other available information (see § 152.09 of this chapter).
(Ord. passed 7-15-2010)
REGULATIONS
(A) Hydraulic and hydrologic analyses.
(1) Except as allowed in division (A)(3) below, no floodplain development shall:
(a) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or
(b) Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.01 foot.
(2) The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of division (A)(3) below are met.
(3) Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this chapter, the official floodplain zoning maps, floodway lines, and water surface profiles, in accordance with § 152.18 of this chapter.
(4) This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR.
(B) Watercourse alterations. 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 flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the Zoning Administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required.
(C) Wis. Stat. Ch. 30 and 31; development. Development which requires a permit from the Department, under Wis. Stat. Ch. 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 floodway lines, water surface profiles, BFE’s established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to § 152.18 of this chapter.
(D) 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 elevation of the campground is 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 (D)(4) above to remain in compliance with all applicable regulations, including those of the State Department of Health Services and all other applicable regulations;
(6) Only camping units are allowed;
(7) The camping units may 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 village shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
(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, natural gas lines, propane tanks, sewage systems, and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.
(Ord. passed 7-15-2010) Penalty, see § 152.99
(A) Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to § 152.33(D) of this subchapter.
(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 § 152.46 of this chapter:
(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. Stat. Ch. 30 and 31; and
(7) Public utilities, streets, and bridges that comply with division (C)(3) below.
(C) Standards for developments in floodway areas.
(1) General.
(a) Any development in floodway areas shall comply with § 152.30 of this subchapter and have a low flood damage potential.
(b) Applicants shall provide the following data to determine the effects of the proposal according to § 152.30(A) of this subchapter:
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 increase flood elevations upstream or downstream 0.01 foot or more, 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) The structure is not designed for human habitation and does not have a high flood damage potential;
(b) It must be anchored to resist flotation, collapse, and lateral movement;
(c) Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and
(d) It must not obstruct flow of flood waters 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 floodproofing measures are provided to the flood protection elevation; and
(4) Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
(b) No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to Wis. Stat. Ch. 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 the other requirements of this section are 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) of this section 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. Admin. Code NR 116.12;
(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. Admin. Code Ch. NR 811 and Ch. NR 812;
(6) Any solid or hazardous waste disposal sites;
(7) Any wastewater treatment ponds or facilities, except those permitted under Wis. Admin. Code 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. passed 7-15-2010) Penalty, see § 152.99
(A) Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to § 152.33(D) of this subchapter.
(B) Permitted uses. Any structure, land use, or development is allowed in the floodfringe district if the standards in division (C) of this section are met, the use is not prohibited by this or any other ordinance or regulation, and all permits or certificates specified in § 152.46 of this chapter have been issued.
(C) Standards for development in floodfringe areas. Section 152.30(A) of this subchapter shall apply in addition to the following requirements according to the use requested.
(1) Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the floodfringe area, shall meet or exceed the following standards:
(a) The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance with the fill standards impractical;
(b) The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed 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; and
(d) In developments where existing street or sewer line elevations make compliance with division (C)(1)(c) above impractical, the village may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:
1. The village 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 village has a natural disaster plan approved by Wisconsin Emergency Management and the Department.
(2) Accessory structures or uses.
(a) Except as provided in division (C)(2)(b) below, an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
(b) An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second, and it meets all of the provisions of § 152.31(C)(2)(a), (C)(2)(b), (C)(2)(c), and (C)(2)(d) of this subchapter and division (C)(5) below.
(3) Commercial uses. Any commercial structure which is erected, altered, or moved into the floodfringe area 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 area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other flood proofing measures in § 152.50 of this chapter. 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 floodproofed in compliance with § 152.50 of this chapter. 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 and:
(a) When failure of public utilities, streets, and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with § 152.50 of this chapter to the flood protection elevation; 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 on-site sewage disposal systems shall be floodproofed, pursuant to § 152.46 of this chapter, to the flood protection elevation and shall meet the provisions of all local ordinances and Wis. Admin. Code Ch. NR 116.
(8) Wells. All wells shall be floodproofed, pursuant to § 152.50 of this chapter, to the flood protection elevation and shall meet the provisions of Wis. Admin. Code Ch. NR 811 and Ch. NR 812.
(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. passed 7-15-2010) Penalty, see § 152.99
Loading...