[Amended 5-5-1983]
[Amended 6-7-2001 by Ord.
No. 2001-01]
The floodplain districts are overlay districts which establish
regulations and standards in addition to those of the underlying zoning
districts. All development within the floodplain overlay districts
must conform to the regulations of both the underlying zoning district
and floodplain overlay district. The following overlay districts are
established:
A.
The boundaries of the floodplain overlay districts shall be as shown
on the Official Floodplain Zoning Map - Village of Soldiers Grove,
Wisconsin.[1] This includes the detailed insert of Baker Creek, Sheridan
Creek and unnamed tributary as prepared under floodplain/shoreland
mapping grant #9025 (4/83). The floodplain delineations are based
on the Flood Insurance Study by Carl C. Crane, which has been approved
by the Department of Natural Resources and the Federal Emergency Management
Agency (FEMA). The general floodplain delineations are based on the
Flood Insurance Study maps (Prelim.: 2/82, Village review: January
24, 1983) effective date January 5, 1984. All the floodplain maps
are on file in the office of the Village Clerk-Treasurer. If more
than one map is referenced the most restrictive shall apply.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
B.
Boundary disputes. The floodplain boundary lines on the map shall
be determined by the use of the scale appearing on the map. Any boundary
mapping disputes shall be decided by the Zoning Board of Appeals using
the following procedures:
(1)
Flood elevations or "flood profiles" for the point in question shall
be the governing factor in locating disputed district boundaries.
If no elevations or profiles are available to the Board, other technical
evidence may be examined.
A.
Except as provided in Subsection B, 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 (three centimeters) in the height of the regional flood or will adversely affect existing drainage courses or facilities.
B.
Increases equal to or greater than 0.1 foot (three centimeters) 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 § 225-35 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.
C.
For the purpose of this section, increases in the regional flood
elevation shall be calculated:
(1)
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
(2)
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.
D.
Mobile homes.
(1)
Owners or operators of all existing mobile home parks 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 mobile home hauler routes, with the appropriate
local disaster preparedness authorities (Village Board) and shall
provide for adequate surface drainage to minimize flood damage.
(2)
All mobile homes to be placed on a site located in the regional floodplain,
as defined above, shall be anchored so they do not float, collapse
or move laterally during a flood. Such mobile homes shall be anchored
according to the following specifications:
(a)
Over-the-top ties shall be provided at each of the four corners
of the mobile home, with two additional ties per side at intermediate
locations and mobile homes less than 50 feet long shall require one
additional tie per side.
(b)
Frame ties shall be provided at each corner of the mobile home
with five additional ties per side at intermediate points and mobile
homes less than 50 feet long requiring four additional ties per side.
(c)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(d)
Any additions to the mobile home shall be similarly anchored.
E.
Subdivisions.
(1)
For all subdivision proposals, as "subdivision" is defined in § 236.02(12), Wisconsin statutes, 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 § 225-34 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.
[Amended 6-7-2001 by Ord.
No. 2001-01]
(2)
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/Plan
Commission 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.
Floodproofing. All new structures in any of the floodplain overlay
districts shall be designed using floodproofing measures to withstand
the flood velocities, forces and other factors associated with the
particular flood protection elevation. Prior to issuing a zoning permit,
the Zoning Administrator shall require the applicant to submit plans
or documents certified by a registered professional engineer or architect
that floodproofing measures are adequately designed. Floodproofing
measures include the following:
(1)
Provision of anchorage to resist flotation.
(2)
Reinforcement of walls and floors to resist pressures.
(3)
Addition of mass or weight to structures to prevent flotation.
(4)
Placement of essential utilities above the flood protection elevation.
(5)
Pumping facilities and/or subsurface drainage systems for buildings
to relieve external foundation wall and basement floor pressures and
to lower water levels in structures.
(6)
Construction of water supply and waste treatment systems to prevent
the entrance of floodwaters.
(7)
Construction to resist rupture or collapse caused by water pressure
or floating debris.
(8)
Cutoff valves on sewer lines or the elimination of gravity flow basement
drains.
A.
Purpose. The floodway is the channel of a river or stream required
to convey the floodwaters. It is the purpose of this district to keep
this channel area open and free of encroachments.
B.
Permitted uses.
(1)
Agricultural uses.
(2)
Nonstructural, industrial, commercial uses, such as loading areas
and parking areas.
(3)
Private and public recreational uses.
(4)
Public utilities, streets and bridges.
(5)
All uses not listed as permitted uses in this section are prohibited
within the Floodway District and in the floodway portion of the General
Floodplain District.
C.
Development standards.
(1)
All development within the FW shall meet the general development standards of § 225-31 and have a low flood-damage potential.
(2)
All structures and facilities shall be accessory to permitted open
space uses.
(a)
The structures are not designed for human habitation.
(b)
The structures are constructed and placed on the building site
so as to offer minimum obstruction to the flow of floodwaters. Whenever
possible, structures shall be constructed with the longitudinal axis
parallel to the direction of the flow of floodwaters, and shall be
placed with their longitudinal axis approximately on the same line
as those of adjoining structures.
(c)
The structures are firmly anchored to prevent them from floating
away and restricting bridge openings or other restricted sections
of the stream or river.
(d)
The structures have all service facilities, such as electrical
and heating equipment, at or above the flood protection elevation
for the particular area.
(3)
Public utilities, streets and bridges may be allowed by permit, provided
that:
(a)
Adequate floodproofing measures are provided to the flood protection
elevation;
(b)
Construction does not cause an increase of 0.1 foot or greater in the height of the regional flood, except that reasonable increases up to 1.0 foot may be approved if the amendment procedures and all conditions of Article XII are met; and
(c)
The Village amends its water surface profiles, floodplain zoning
maps and floodplain zoning ordinance as needed, to reflect any changes
resulting from such construction.
(4)
Fills or deposition of materials may be allowed by permit, provided
that:
(b)
The fill or deposition of materials does not encroach on the
channel area between the ordinary high-water mark on each bank of
the stream unless a permit has been granted by the Department of Natural
Resources pursuant to Chapter 30, Wisconsin statutes, and a permit
pursuant to Section 404 of the Federal Water Pollution Control Act,
Amendments of 1972, 33 U.S.C. § 1334, 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 sufficient
to prevent erosion; and
(d)
Such fills are not associated with private or public solid waste
disposal.
(5)
All private or public on-site sewage disposal systems are prohibited,
with the exception of portable latrines that are removed during flooding,
and systems associated with public recreational areas and Department-approved
campgrounds, that meet the applicable provisions of Chapter H 63,
Wisconsin Administrative Code, which may be permitted in floodway
areas.
(6)
All new wells, whether public or private, which are used to obtain
water for ultimate human consumption are prohibited.
(7)
No modification or addition shall be allowed to any nonconforming
use in a floodway area, unless such modification or addition has been
granted a permit or variance and meets all of the following criteria:
(a)
The modification or addition to the existing structure will not increase the amount of obstruction to flood flows as provided in § 225-31;
(b)
Any addition to the existing structure shall be floodproofed, pursuant to § 225-31, by means other than the use of fill, to the flood protection elevation; and
(c)
If any nonconforming structure or any structure with a nonconforming use is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the provisions of § 225-31 are met. For the purpose of this subsection, restoration is deemed impractical where the total cost of such restoration would exceed 50% of the present equalized assessed value of the structure.
(8)
The storage of any materials that are buoyant, flammable, explosive,
or injurious to human, animal, plant, fish or other aquatic life is
prohibited.
(9)
Any uses which are not in harmony with, or which may be detrimental
to, the uses permitted in the adjoining districts are prohibited.
(10)
All solid waste disposal sites, whether public or private, are
prohibited.
A.
Purpose. The flood fringe is that portion of the floodplain outside
of the floodway that functions as a water storage area during flood
periods. It is the purpose of this district to maintain the floodwater
storage capacity of the flood fringe.
B.
Permitted uses. Any structures, land use, or development, including accessory structures and uses, are allowed within the Flood Fringe District and flood fringe portions of the General Floodplain District, provided that the standards contained in Subsection C, Development standards, are met, that the use is not prohibited by this or any other ordinance or any other local, state or federal regulation and that all permits or certificates required under § 225-31 have been issued by the Zoning Administrator.
C.
Development standards. All of the provisions in the general development standards of § 225-31 shall apply hereto.
(1)
Residential uses. Any structure or building used for human habitation,
which is to be erected, constructed, reconstructed, altered, or moved
into the flood fringe area, shall meet or exceed the following standards:
(a)
The lowest floor including the basement, except where Subsection C(1)(b) is applicable, shall be placed on fill at or above the flood protection elevation (which is a point two feet above the regional flood elevation). The fill elevation shall be one foot or more above the regional flood elevation and shall extend at such elevation at least 15 feet beyond the limits of any such structure or building erected thereon.
(b)
The basement floor may be placed at the regional flood elevation providing it is floodproofed to the flood protection elevation. Where a community-wide exception allowing the floodproofing of basements has been granted by FEMA, the basement floor may be placed at an elevation lower than the regional flood elevation providing it is floodproofed to the flood protection elevation in compliance with § 225-31. If a community-wide exception has not been granted by FEMA, requests to construct the basement floor below the regional flood elevation must be considered as a variance, thereby requiring action by the Zoning Board of Appeals as specified in § 225-77.
(c)
Except as provided in Subsection C(1)(d), contiguous dry-land access shall be provided from a structure or building to land which is outside of the floodplain, so that any such structure shall be accessible by rescue and relief vehicles during periods of regional flooding.
(d)
In existing developments where existing streets or sewer lines are at elevations which make compliance with Subsection C(1)(c) impractical, the municipality may, after obtaining prior written Department approval, authorize access at an elevation lower than the regional flood elevation. Where the municipality has applied for and obtained Department approval, the Zoning Administrator shall issue a permit authorizing such access as is allowed under the Department approval.
(2)
Manufacturing structures and accessory uses shall be elevated or floodproofed to two feet above the regional flood elevation in accordance with § 225-31.
(3)
For commercial and manufacturing uses, storage yards, loading areas,
parking lots and other accessory land uses may be at lower elevations.
However, no such area in general use by the public shall be inundated
to a water depth greater than two feet or subjected to flood velocities
of greater than four feet per second upon the occurrence of the regional
flood.
(4)
The storage or processing of materials that are buoyant, flammable, explosive, or which at times of flooding, could be injurious to human, animal, or plant life, shall be at or above the flood protection elevation for the particular area or floodproofed in compliance with § 225-31 of this chapter.
(a)
When failure or interruption of public utilities, streets and bridges would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed, in compliance with § 225-31 to the flood protection elevation; minor or auxiliary roads or nonessential utilities may be constructed at lower elevations providing they withstand flood forces to the regional flood elevation.
(b)
Public utilities, streets and bridges in flood fringe areas
should be designed to be compatible with the local comprehensive floodplain
development plans.
(5)
Sewage systems. All on-site sewage disposal systems shall be floodproofed
to the flood protection elevation and shall meet the applicable provisions
of all local ordinances and Chapters H 63 and H 65, Wisconsin Administrative
Code.
(6)
Wells. All wells, whether public or private, shall be floodproofed
to the flood protection elevation, and shall meet the applicable provisions
of Chapters NR 111 and NR 112, Wisconsin Administrative Code.
(7)
Solid waste disposal sites. All solid waste disposal sites, whether
public or private, are prohibited in flood fringe areas.
(8)
Structural modification or addition.
(a)
No structural modification or addition to any nonconforming structure which over the life of the structure exceeds 50% of its present equalized assessed value shall be allowed unless the entire structure is permanently changed to a conforming use. Modifications and additions which do not exceed 50% of its present value shall be protected by floodproofing measures pursuant to § 225-31 of this chapter and have been granted by permit or variance.
(b)
Where compliance with the provision above would result in unnecessary hardship, and only where the structure will not be either used for human habitation or be associated with a high flood damage potential, the Zoning Board of Appeals, using the procedure in Article XI, may grant a variance. Modifications or additions to structures or buildings which are protected to elevations lower than the flood protection elevation may be permitted by variance if:
[1]
Human lives are not endangered;
[2]
Public facilities, such as water or sewer, are not to be installed;
[3]
Flood depths will not exceed four feet;
[4]
Flood velocities will not exceed two feet per second; and
[5]
The structure will not be used for storage of materials hazardous
to human health.
(c)
A copy of all decisions by the Zoning Board of Appeals shall
be sent to the Wisconsin Department of Natural Resources.
(d)
For the purpose of this section, the words "modification" and
"addition" shall include, but not be limited to, any alteration, addition,
modification, structural repair, rebuilding, or replacement of any
such existing use, structure or accessory structure or use. Ordinary
maintenance repairs are not considered modifications or additions;
such ordinary maintenance repairs include internal and external painting,
decorating, paneling and the replacement of doors, windows and other
nonstructural equipment.
A.
Purpose. The General Floodplain District covers those portions of
streams and tributaries that have not yet been studied in detail and
the limits of the floodway have not been determined. It is the purpose
of this district to provide a method of determining floodway and flood
fringe limits on a case-by-case basis, and apply the appropriate standards
for development.
B.
Determination of applicability. When any developments are proposed
within a General Floodplain District, a determination shall be made
to establish the boundaries of the floodway and determine whether
floodway or flood fringe uses apply, and, where applicable, to determine
the regional flood elevation. Upon receiving an application for development,
the Zoning Administrator shall:
(1)
Require the applicant to submit two copies of an aerial photograph
or a map which accurately locates the floodplain proposal with respect
to the floodplain district limits, channel of stream, and any existing
floodplain developments, together with all pertinent information such
as the nature of the proposal, legal description of the property,
fill limits and elevations, building floor elevations and floodproofing
measures.
(2)
Require the applicant to furnish any of the following additional
information as is deemed necessary by the Department of Natural Resources
for evaluation of the effects of the proposal upon flood flows and
to determine the boundaries of the floodway and, where applicable,
the regional flood elevation:
(a)
A typical valley cross-section showing the channel of the stream,
the floodplain adjoining each side of the channel, cross-sectional
area to be occupied by the proposed development, and high water information.
(b)
Plan (surface view) showing elevations or contours of the ground,
pertinent structure, fill or storage elevations; size, location and
spatial arrangement of all proposed and existing structures on the
site, location and elevations of streets, water supply, sanitary facilities,
soil types and other pertinent information.
(c)
Profile showing the slope of the bottom of the channel or flow
line of the stream.
(d)
Specifications for building construction and materials, floodproofing,
filling, dredging, channel improvement, storage of materials, water
supply and sanitary facilities.
D.
Standard for development. The standards for development will be those
of the respective district following determination of floodway and
flood fringe boundaries.
A.
General. The Village Board of the Village of Soldiers Grove, Wisconsin,
may change or supplement the boundaries of the floodplain zoning districts
and the regulations contained in this article in the manner provided
by law. Official amendments are required for any changes in the official
floodway lines, water surface profiles, floodplain zoning maps or
text of the floodplain zoning ordinance. Actions which require an
amendment include, but are not limited to, the following:
(1)
Any change in the official floodway line or boundary of the general
floodplain area;
(2)
Correction of significant discrepancies between the water surface
profiles and floodplain zoning maps;
(3)
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;
(4)
Any fill or encroachment into the floodplain that will cause a change,
equal to or greater than 0.1 foot (three centimeters) in the height
of the regional flood; and
(5)
Any upgrading of floodplain zoning ordinances required by § NR
116.05(4), Wisconsin Administrative Code, or otherwise required by
law.
B.
Amendment procedures. Amendments to the article may be made upon petition of any interested party in accordance with the provisions of § 62.23 of the Wisconsin statutes. Such petitions shall include any necessary data required by § 225-31.
(1)
Copies of any amendment proposed to the Village Board shall be referred
to the Plan Commission for a public hearing and recommendation to
the Village Board. Copies of the proposed amendment and notice of
the public hearing shall be submitted to the appropriate district
office of the Department of Natural Resources. The amendment shall
comply with the provisions of § 62.23, Wis. Stats.
(2)
No amendment to the maps or text of this chapter shall become effective
until reviewed and approved by the Department of Natural Resources.
(3)
All persons petitioning for a map amendment which involves an increase
in the height of the regional flood of 0.1 foot (three centimeters)
or more shall obtain flooding easements, or other appropriate legal
arrangements, from all affected local units of government and property
owners before the municipality may approve an amendment which would
result in such an increase to the regional flood elevation.
(4)
When considering amendments to the official floodplain zoning map,
in areas where no water surface profiles exist, the Plan Commission
and Village Board shall consider data submitted by the Department,
the Zoning Administrator's visual on-site inspections and other available
information.
Any violation of the provisions of this article by any person
shall be unlawful and shall be referred to the Municipal Attorney,
who shall expeditiously prosecute all such violators. A violator shall,
upon conviction, forfeit to the Village a penalty of not less than
$5 and not more than $500, together with a taxable cost of such action.
Each day of continued violation shall constitute a separate offense.
Every violation of this article is a public nuisance and the creation
thereof may be enjoined and the maintenance thereof may be abated
by action at suit of the Village, the state, or any citizen thereof,
pursuant to § 87.30, Wisconsin statutes.
