Areas regulated by this chapter include all lands within the corporate limits of the Village of Tigerton, Wisconsin, that would be inundated by the regional flood defined in § 548-36, Definitions, of this chapter.
A.
Official Map. The boundary of the floodplain districts and, where
shown, the floodway and flood fringe districts shall be those areas
designated as floodplains on the flood insurance survey maps and corresponding
profiles contained in the Flood Insurance Study. This map, dated July
17, 1986, is the Official Floodplain Zoning Map for the community
and has been approved by the Department of Natural Resources and the
Federal Emergency Management Agency (FEMA) and is on file in the office
of the Village Clerk-Treasurer. If more than one map is referenced,
the most restrictive shall apply.
B.
Districts. The floodplain areas within the jurisdiction of this chapter
are hereby divided into three districts: the Floodway District (FW),
Flood Fringe District (FF), and General Floodplain District (GFP),
defined as follows:
(1)
The Floodway District (FW) consists of the channel of a stream and
those portions of the floodplain adjoining the channel that are required
to carry and discharge the floodwaters or flood flows of any river
or stream associated with the regional flood.
(2)
The Flood Fringe District (FF) consists of that portion of the floodplain
between the regional flood limits and the floodway area.
(3)
The General Floodplain District (GFP) consists of the land which
has been or may be hereafter covered by floodwater during the regional
flood and encompasses both the Floodway and Flood Fringe Districts.
A.
Where an apparent discrepancy exists between the location of the outermost boundary of the Flood Fringe District or General Floodplain District shown on the Official Floodplain Zoning Map and actual field conditions, the location of the district boundary line shall be initially determined by the Zoning Administrator using the criteria set forth in Subsection B or C below. Where the Zoning Administrator finds that there is a significant difference between the district boundary shown on the map and the actual field conditions, the map shall be amended using the procedures established in Article VIII. Disputes between the Zoning Administrator and an applicant on the location of the district boundary line shall be settled according to § 548-30.
B.
Where flood profiles exist, the location of the district boundary
line shall be determined by the Zoning Administrator, using both the
scale appearing on the map and the elevations shown on the water surface
profile of the regional flood. Where a discrepancy exists between
the boundary line location shown on the map and the location indicated
by the regional flood elevations and actual field conditions, the
regional flood elevations shall govern. A map amendment is required
where there is a significant discrepancy between the boundary line
shown on the map and the location indicated by the regional flood
elevations. The Zoning Administrator shall have the authority to immediately
grant or deny a land use permit on the basis of a district boundary
derived from the elevations shown on the water surface profile of
the regional flood, whether or not a map amendment is required. The
Zoning Administrator shall be responsible for initiating any map amendments
required under this section within a reasonable period of time.
C.
Where flood profiles do not exist, the location of the district boundary
line shall be determined by the Zoning Administrator, using the scale
appearing on the map, visual on-site inspection and any available
information provided by the Department. Where there is a significant
difference between the district boundary line shown on the map and
actual field conditions, the map shall be amended. Where a map amendment
has been approved by both the Village Board and the Department, the
Zoning Administrator shall have the authority to grant or deny a land
use permit.
Compliance with the provisions of this chapter shall not be grounds for removing lands from the floodplain district, unless they are removed by filling to a height of at least two feet above the regional flood elevation, the fill is contiguous to land lying outside the floodplain district, and the map is amended pursuant to Article VIII. To remove the land from flood insurance requirements, FEMA must first revise the Flood Insurance Rate Map.
The use or development of any land or water, a change in the
use of any land or water, and the use, change of use, construction,
reconstruction, remodeling or expansion of any structure within the
areas to be regulated by this chapter shall be in compliance with
the terms of this chapter and other applicable local, state and federal
regulations.
A.
Greater restrictions. This chapter supersedes provisions of any zoning
ordinance relating to floodplains. However, any underlying zoning
shall remain in full force and effect to the extent that its provisions
are more restrictive.
B.
Abrogation. It is not otherwise intended by this chapter to repeal,
abrogate or impair any existing deed restrictions; however, where
this chapter imposes greater restrictions, the provisions of this
chapter shall prevail.
C.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements liberally
construed in favor of the governing body and shall not be deemed a
limitation on or repeal of any other powers granted by the Wisconsin
Statutes. Where a provision of this chapter is required by a standard
in Chapter NR 116, Wisconsin Administrative Code, and where the meaning
of the chapter provision is unclear, the provision shall be interpreted
in light of the Chapter NR 116 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 the chapter.
The degree of flood protection intended to be provided by this
chapter is considered reasonable for regulatory purposes and is based
on engineering and scientific methods of study. Larger floods may
occur on rare occasions or the flood height may be increased by man-made
or natural causes, such as ice jams and bridge openings restricted
by debris. This chapter does not imply that areas outside of the delineated
floodplain or permitted land uses within the floodplain will be totally
free from flooding and associated flood damages, nor shall this chapter
create a liability on the part of or a cause of action against the
Village of Tigerton or any officer or employee thereof for any flood
damage that may result from reliance on this chapter.
A.
Increase in flood height.
(1)
Except as provided in Subsection A(2) below, no development shall be allowed in the floodplain which, acting in combination with existing or future similar works, will cause an increase equal to or greater than 0.1 foot (3 cm.) in the height of the regional flood or will adversely affect existing drainagecourses or facilities.
(2)
Increases equal to or greater than 0.1 foot (3 cm.) may be permitted, but only if amendments are made to this chapter, the Official Floodplain Zoning Maps (including floodway lines) and water surface profiles in accordance with Article VIII, and only if the total cumulative effect of the proposed development will not increase the height of the regional flood more than 1.0 foot for the affected hydraulic reach of the stream.
(3)
For the purpose of this section, increases in the regional flood
elevation shall be calculated:
(a)
Based upon an equal degree of hydraulic encroachment from the
original hydraulic floodway lines for a hydraulic reach on both sides
of the river or stream; and
(b)
Based upon an equal degree of hydrologic encroachment throughout
a hydrologic reach of a river or stream to determine the volume of
storage area which is lost.
B.
Owners or operators of all existing manufactured and mobile home
communities and manufactured and mobile home subdivisions located
in the regional floodplain (in A Zones on flood hazard boundary maps
or flood insurance study maps) shall file an evacuation plan, indicating
alternate vehicular access and escape routes, including manufactured
and mobile home hauler routes, with the appropriate local disaster
preparedness authorities, and shall provide for adequate surface drainage
to minimize flood damage.[1]
C.
All manufactured and mobile homes to be placed on a site located
in the regional floodplain (in A Zones on flood hazard boundary maps
or flood insurance study maps) shall be anchored so they do not float,
collapse or move laterally during a flood. Such manufactured and mobile
homes shall be anchored according to the following specifications:[2]
(1)
Over-the-top ties shall be provided at each of the four corners of
the manufactured or mobile home, with two additional ties per side
at intermediate locations, and manufactured and mobile homes less
than 50 feet long shall require one additional tie per side;
(2)
Frame ties shall be provided at each corner of the manufactured or
mobile home with five additional ties per side at intermediate points,
and manufactured and mobile homes less than 50 feet long requiring
four additional ties per side;
(3)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds; and
(4)
Any additions to the manufactured and mobile home shall be similarly
anchored.
D.
For all subdivision proposals, as "subdivision" is defined in § 236.02(12), Wis. Stats., and other proposed developments exceeding five acres in area or where the estimated cost of the proposed development exceeds $75,000, the applicant shall provide all computations which are required to show the effects of the proposal on flood heights, velocities and floodplain storage. Further, the applicant shall provide within such proposals regional flood elevation data and the means to provide adequate surface drainage and to minimize flood damage. In those instances where the applicant is not required to provide computations and where inadequate data exists, the available information may be transmitted to the Department of Natural Resources District Office for a determination of the flood protection elevations and for an evaluation of the effects of the proposal on flood heights, velocities and floodplain storage. Additional information, such as valley cross-sections or survey data, may be required by the Department to determine the effects of the proposal. This information shall be obtained from the applicant or the applicant's agent by the Village. The provisions of § 548-31 shall apply hereto. The applicant shall provide all data and calculations for any development which would require an amendment to the district boundaries or regional flood profiles.
E.
Prior to any alteration or relocation of a watercourse, and prior
to the issuance of any land use permit which may be required for the
alteration or relocation of a watercourse, the Zoning Administrator
shall notify adjacent municipalities, the appropriate district office
of the Department of Natural Resources and the appropriate office
of FEMA, and shall require the applicant to secure all necessary state
and federal permits. The flood-carrying capacity within the altered
or relocated portion of any watercourse shall be maintained.
F.
Development which requires a permit from the Department of Natural Resources, pursuant to Chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed, provided the necessary Village permits are obtained and necessary amendments to the official floodway lines, water surface profiles, floodplain zoning maps or this chapter are made according to Article VIII.
