This chapter is adopted pursuant to the authorization
in § 62.23, Wis. Stats., and the requirements in § 87.30
Wis. Stats.
Uncontrolled development and use of the floodplains
and rivers of this municipality would impair the public health, safety,
convenience, general welfare and tax base.
This chapter is intended to regulate floodplain
development to:
A.
Protect life, health and property;
B.
Minimize expenditures of public funds for flood control
projects;
C.
Minimize rescue and relief efforts undertaken at the
expense of the taxpayers;
D.
Minimize business interruptions and other economic
disruptions;
E.
Minimize damage to public facilities in the floodplain;
F.
Minimize the occurrence of future flood blight areas
in the floodplain;
G.
Discourage the victimization of unwary land and home
buyers;
H.
Prevent increases in flood heights that could increase
flood damage and result in conflicts between property owners; and
I.
Discourage development in a floodplain if there is
any practicable alternative to locate the activity, use or structure
outside of the floodplain.
This chapter shall be known as the "Floodplain
Zoning Ordinance for St. Francis, Wisconsin."
A.
Areas to be regulated. This chapter regulates all
areas that would be covered by the regional flood or base flood. (Note:
Base flood elevations are derived from the flood profiles in the Flood
Insurance Study. Regional flood elevations may be derived from other
studies. Areas covered by the base flood are identified as "A-Zones"
on the Flood Insurance Rate Map.)
B.
Official Maps and revisions.
(1)
The boundaries of all floodplain districts are designated
as floodplains or A Zones on the maps listed below and the revisions
in the St. Francis Floodplain Appendix. Any change to the base flood
elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood
Insurance Rate Map (FIRM) must be reviewed and approved by the DNR
and FEMA before it is effective. No changes to regional flood elevations
(RFEs) on non-FEMA maps shall be effective until approved by the DNR.
These maps and revisions are on file in the office of the City Clerk,
City of St. Francis. If more than one map or revision is referenced,
the most restrictive information shall apply.
(2)
Official Maps; based on the FIS: Flood Insurance Rate
Map (FIRM), Panel Numbers 55079C0157E, 55079C0159E, 55079C0176E and
55079C0178E, dated September 26, 2008; with corresponding profiles
that are based on the Flood Insurance Study (FIS) Volumes 55079CV001A,
55079CV002A, 55079CV003A, 55079CV004A and 55079CV005A, dated September
26, 2008.
C.
Establishment of districts. The regional floodplain
areas are divided into three districts as follows:
(1)
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.
(2)
The Flood-fringe District (FF) is that portion of
the floodplain between the regional flood limits and the floodway.
(3)
The General Floodplain District (GFP) consists of
those areas that have been or may be covered by floodwater during
the regional flood.
D.
Locating floodplain boundaries.
(1)
Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsections D(1)(a) or (b) below. If a significant difference exists, the map shall be amended according to Article VIII. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 251-27C and the criteria in (a) and (b) below.
(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, the location
of the boundary shall be determined by the map scale, visual on site
inspection and any information provided by the Department.
E.
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 Article VIII. (Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change [LOMC].)
F.
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.
G.
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 § 13.48(13),
Wis. Stats., applies. The construction, reconstruction, maintenance
and repair of state highways and bridges by the Wisconsin Department
of Transportation is exempt when § 30.2022, Wis. Stats.
applies.
H.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any
municipal zoning ordinance enacted under §§ 59.69,
59.692 or 59.694 for counties; § 62.23 for cities; § 61.35
for villages; or § 87.30, Wis. Stats., which relate to floodplains.
If another ordinance is more restrictive than this chapter, that ordinance
shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise.
(2)
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.
I.
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 the Wisconsin Statutes.
If a provision of this chapter, required by Ch. NR 116, Wis. Adm.
Code, 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.
J.
Warning and disclaimer of liability. The flood protection
standards in this chapter are based on engineering experience and
scientific research. Larger floods may occur or the flood height may
be increased by man-made or natural causes. This chapter does not
imply or guarantee that nonfloodplain areas or permitted floodplain
uses will be free from flooding and flood damages. Nor does this chapter
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.
K.
Severability. Should any portion of this chapter be
declared unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected.
L.
Annexed areas for cities and villages. The Milwaukee
County 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 Ch. NR 116, Wis. Adm. Code, and the
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 location of the floodway.
M.
General development standards. 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.