[HISTORY: Adopted by the Board of Trustees of the Village of Darien 2-21-2022 by Ord. No. 317.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 18.08, General Standards Applicable to All Floodplain Districts, adopted 10-19-2009 by Ord. No. 255.
The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.
A. 
If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
1. 
Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. 
Be constructed with materials resistant to flood damage;
3. 
Be constructed by methods and practices that minimize flood damages; and
4. 
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.
B. 
If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:
1. 
Such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;
2. 
Public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
3. 
Adequate drainage is provided to reduce exposure to flood hazards.
C. 
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 title and all other requirements in Section 18.28.010B.
A. 
No floodplain development shall:
1. 
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
2. 
Cause any increase in the regional flood height due to floodplain storage area lost.
B. 
The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood heights, based on the officially adopted FIRM or other adopted map, unless the provisions of Ch. 18.32, Amendments, are met.
A. 
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.
B. 
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Ch. 18.32, Amendments, 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.
Development which requires a permit from the Department, under Chs. 30 and 31, Wis. Stats., 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 Ch. 18.32, Amendments.
Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
A. 
The campground is approved by the Department of Agriculture, Trade and Consumer Protection;
B. 
A land use permit for the campground is issued by the Zoning Administrator;
C. 
The character of the river system and the elevation of the campground is such that a seventy-two-hour warning of an impending flood can be given to all campground occupants;
D. 
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;
E. 
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 Subsection D - to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;
F. 
All mobile recreational vehicles placed on the site must meet one of the following:
1. 
Only camping units that are fully licensed, if required, and ready for highway use are allowed; or
2. 
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;
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.
G. 
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 consistent with Section 18.08.040E and shall ensure compliance with all the provisions of this section;
H. 
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
I. 
All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either Ch. 18.12 or Ch. 18.16, Section 18.20.010 or Section 18.20.030 for the floodplain district in which the structure is located;
J. 
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
K. 
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 floodproofed to the flood protection elevation.