Where the Zoning Director, Oneida County Planning and Zoning
Committee or a Board of Adjustment/appeals has already been appointed
to administer a zoning ordinance adopted under § 59.69,
59.692 or 62.23(7), Wis. Stats., these officials shall also administer
this ordinance:
(1)
Duties and Powers. The Zoning Director is authorized to administer
this ordinance and shall have the following duties and powers:
(a)
Advise applicants of the ordinance provisions, assist in preparing
permit applications and appeals, and assure that the regional flood
elevation for the proposed development is shown on all permit applications.
(b)
Issue permits and inspect properties for compliance with provisions
of this ordinance, and issue certificates of compliance where appropriate.
(c)
Inspect and assess all damaged floodplain structures to determine
if substantial damage to the structures has occurred.
(d)
Keep records of all official actions such as:
1.
All permits issued, inspections made, and work approved;
2.
Documentation of certified lowest floor and regional flood elevations;
3.
Floodproofing certificates.
4.
Water surface profiles, floodplain zoning maps and ordinances,
legal pre-existing uses and structures including changes, appeals,
variances and amendments.
5.
All substantial damage assessment reports for floodplain structures.
6.
List of legal pre-existing structures and uses.
(e)
Submit copies of the following items to the Department Regional
office:
1.
Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text amendments;
2.
Copies of any case-by-case analyses, and other required information,
including an annual summary of floodplain zoning actions taken.
3.
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
(f)
Investigate, prepare reports, and report violations of this
ordinance to the Oneida County Planning and Zoning Committee and Oneida
County Corporation Counsel for prosecution. Copies of the reports
shall also be sent to the Department regional office.
(g)
Submit copies of amendments and biennial reports to the FEMA
Regional office.
(2)
Zoning Permit. A zoning permit shall be obtained before any new development
repair, modification or addition to any existing structure; or change
in the use of a building or structure, including sewer and water facilities,
may be initiated. Application to the Zoning Director shall include:
(b)
Site Development Plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
1.
Location, dimensions, area and elevation of the lot;
2.
Location of the ordinary high water mark of any abutting navigable
waterways;
3.
Location of any structures with distances measured from the
lot lines and street center lines;
4.
Location of any existing or proposed POWTS or private water
supply systems;
5.
Location and elevation of existing or future access roads;
6.
Location of floodplain and floodway limits as determined from
the official floodplain zoning maps;
7.
The elevation of the lowest floor of proposed buildings and
any fill using the vertical datum from the adopted study - either
National Geodetic Vertical Datum (NGVD) or North American Vertical
Datum (NAVD);
9.
Data to determine if the proposed development will cause an
obstruction to flow or an increase in regional flood height or discharge
according to § 2.1. This may include any of the information
noted in § 3.3(1).
(c)
Hydraulic and Hydrologic Studies to Analyze Development. All
hydraulic and hydrologic studies shall be completed under the direct
supervision of a professional engineer registered in the State. The
study contractor shall be responsible for the technical adequacy of
the study. All studies shall be reviewed and approved by the Department.
1.
Zone A floodplains:
a.
Hydrology.
1)
The appropriate method shall be based on the standards in Ch.
NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
b.
Hydraulic Modeling. The regional flood elevation shall be based
on the standards in Ch. NR 116.07(4), Wis. Admin. Code, Hydraulic
Analysis: Determination of Regional Flood Elevation and the following:
1)
Determination of the required limits of the hydraulic model
shall be based on detailed study information for downstream structures
(dam, bridge, culvert) to determine adequate starting WSEL for the
study.
2)
Channel sections must be surveyed.
3)
Minimum four foot contour data in the overbanks shall be used
for the development of cross section overbank and floodplain mapping.
4)
A maximum distance of 500 feet between cross sections is allowed
in developed areas with additional intermediate cross sections required
at transitions in channel bottom slope including a survey of the channel
at each location.
5)
The most current version of HEC RAS shall be used.
6)
A survey of bridge and culvert openings and the top of road
is required at each structure.
7)
Standard accepted engineering practices shall be used when assigning
parameters for the base model such as flow. Manning's N values,
expansion and contraction coefficients or effective flow limits. The
base model shall be calibrated to past flooding data such as high
water marks to determine the reasonableness of the model results.
If no historical data is available, adequate justification shall be
provided for any parameters outside standard accepted engineering
practices.
8)
The model must extend past the upstream limit of the difference
in the existing and proposed flood profiles in order to provide a
tie-in to existing studies. The height difference between the proposed
flood profile and the existing study profiles shall be no more than
0.00 feet.
(d)
Mapping. A work map of the reach studied shall be provided,
showing all cross section locations, floodway/floodplain limits based
on best available topographic data, geographic limits of the proposed
development and whether the proposed development is located in the
floodway.
1.
If the proposed development is located outside of the floodway,
then it is determined to have no impact on the regional flood elevation.
2.
If any part of the proposed development is in the floodway,
it must be added to the base model to show the difference between
existing and proposed conditions. The study must ensure that all coefficients
remain the same as in the existing model, unless adequate justification
based on standard accepted engineering practices is provided.
3.
Existing (Pre-Project Conditions) Model. The Existing Model
shall be required to support conclusions about the actual impacts
of the project associated with the Revised (Post-Project) Model or
to establish more up-to-date models on which to base the Revised (Post-Project)
Model.
4.
Revised (Post-Project Conditions) Model. The Revised (Post-Project
Conditions) Model shall incorporate the Existing Model and any proposed.
5.
All changes to the Duplicate Effective Model and subsequent
models must be supported by certified topographic information, bridge
plans, construction plans and survey notes.
6.
Changes to the hydraulic models shall be limited to the stream
reach for which the revision is being requested. Cross sections upstream
and downstream of the revised reach shall be identical to those in
the effective model and result in water surface elevations and top
widths computed by the revised models matching those in the effective
models upstream and downstream of the revised reach as required. The
Effective Model shall not be truncated.
(e)
Expiration. All permits issued under the authority of this ordinance
shall expire two years after issuance. The permit may be extended
for a maximum of 180 days for good and sufficient cause.
(3)
Certificate of compliance. No land shall be occupied or used, and
no building which is hereafter constructed, altered, added to, modified,
repaired, rebuilt or replaced shall be occupied until a certificate
of compliance is issued by the Zoning Director, except where no permit
is required, subject to the following provisions:
(a)
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the provisions
of this ordinance;
(b)
Application for such certificate shall be concurrent with the
application for a permit;
(c)
If all ordinance provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed;
(d)
The applicant shall submit a certification signed by a registered
professional engineer, architect or land surveyor that the fill, lowest
floor and floodproofing elevations are in compliance with the permit
issued. Floodproofing measures also require certification by a registered
professional engineer or architect that the requirements of § 7.5
are met.
(4)
Other Permits. Prior to obtaining a floodplain development permit
the applicant must secure all necessary permits from federal, state,
and local agencies, including but not limited to those required by
the U.S. Army Corps of Engineers under § 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
The Board of Adjustment, created under § 59.694, Wis.
Stats., for counties or § 62.23(7)(e), Wis. Stats., for
cities or villages, is hereby authorized or shall be appointed to
act for the purposes of this ordinance. The Board shall exercise the
powers conferred by Wisconsin Statutes and adopt rules for the conduct
of business. The Zoning Director shall not be the secretary of the
Board.
(1)
Powers and Duties. The Board of Adjustment shall:
(a)
Appeals. Hear and decide appeals where it is alleged there is
an error in any order, requirement, decision or determination made
by an administrative official in the enforcement or administration
of this ordinance.
(b)
Boundary Disputes. Hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map; and
(c)
Variances. Hear and decide, upon appeal, variances from the
ordinance standards.
(2)
Appeals to the Board.
(a)
Appeals to the board may be taken by any person aggrieved, or
by any officer or department of the municipality affected by any decision
of the Zoning Director or other administrative officer. Such appeal
shall be taken within 30 days unless otherwise provided by the rules
of the board, by filing with the official whose decision is in question,
and with the board, a notice of appeal specifying the reasons for
the appeal. The official whose decision is in question shall transmit
to the board all records regarding the matter appealed.
(b)
Notice and Hearing for Appeals Including Variances.
1.
Notice. The board shall:
a.
Fix a reasonable time for the hearing;
b.
Publish adequate notice pursuant to Wisconsin Statutes, specifying
the date, time, place and subject of the hearing;
c.
Assure that notice shall be mailed to the parties in interest
and the Department Regional office at least 10 days in advance of
the hearing.
(c)
Decision. The final decision regarding the appeal or variance
application shall:
1.
Be made within a reasonable time;
2.
Be sent to the Department regional office within 10 days of
the decision;
3.
Be a written determination signed by the chairman or secretary
of the Board;
4.
State the specific facts which are the basis for the Board's
decision;
5.
Either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the
appeal for lack of jurisdiction or grant or deny the variance application;
and
6.
Include the reasons for granting an appeal, describing the hardship
demonstrated by the applicant in the case of a variance, clearly stated
in the recorded minutes of the Board proceedings.
(3)
Boundary Disputes. The following procedure shall be used by the Board
in hearing disputes concerning floodplain district boundaries:
(a)
If a floodplain district boundary is established by approximate
or detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary. If none exist, other evidence may
be examined.
(b)
The person contesting the boundary location shall be given a
reasonable opportunity to present arguments and technical evidence
to the Board; and
(4)
Variance.
(a)
The Board may, upon appeal, grant a variance from the standards
of this ordinance if an applicant convincingly demonstrates that:
1.
Literal enforcement of the ordinance provisions will cause unnecessary
hardship;
2.
The hardship is due to adoption of the floodplain ordinance
and unique property conditions, not common to adjacent lots or premises.
In such case the ordinance or map must be amended;
3.
The variance is not contrary to the public interest; and
4.
The variance is consistent with the purpose of this ordinance
in § 1.3.
(b)
In addition to the criteria in Subdivision (a), to qualify for
a variance under FEMA regulations, the following criteria must be
met:
1.
The variance shall not cause any increase in the regional flood
elevation;
2.
Variances can only be granted for lots that are less than one-half
acre and are contiguous to existing structures constructed below the
RFE; and
3.
Variances shall only be granted upon a showing of good and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safety or nuisances, shall not increase costs for
rescue and relief efforts and shall not be contrary to the purpose
of the ordinance.
(c)
A variance shall not:
1.
Grant, extend or increase any use prohibited in the zoning district.
2.
Be granted for a hardship based solely on an economic gain or
loss.
3.
Be granted for a hardship which is self-created.
4.
Damage the rights or property values of other persons in the
area.
5.
Allow actions without the amendments to this ordinance or map(s) required in Article VIII, Amendments; and
6.
Allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic
structure.
(d)
When a floodplain variance is granted the Board shall notify
the applicant in writing that it may increase risks to life and property
and flood insurance premiums could increase up to $25 per $100 of
coverage. A copy shall be maintained with the variance record.
(1)
The Board shall review all data related to the appeal. This may include:
(a)
Permit application data listed in § 7.1(2).
(b)
Floodway/floodfringe determination data in § 5.4.
(c)
Data listed in § 3.3(1)(b) where the applicant has
not submitted this information to the Zoning Director; and
(d)
Other data submitted with the application, or submitted to the
Board with the appeal.
(3)
For appeals concerning increases in regional flood elevation the
Board shall:
(a)
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Article VIII, Amendments; and
(b)
Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase provided
no other reasons for denial exist.
(1)
No permit or variance shall be issued for a non-residential structure
designed to be watertight below the regional flood elevation until
the applicant submits a plan certified by a registered professional
engineer or architect that the floodproofing measures will protect
the structure or development to the flood protection elevation and
submits a FEMA Floodproofing Certificate.
(2)
For a structure designed to allow the entry of floodwaters, no permit
or variance shall be issued until the applicant submits a plan either:
(a)
Certified by a registered professional engineer or architect;
or
(b)
Meets or exceeds the following standards:
1.
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding;
2.
The bottom of all openings shall be no higher than one foot
above grade; and
3.
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(3)
Floodproofing measures shall be designed as appropriate to:
(a)
Withstand flood pressures, depths, velocities, uplift and impact
forces and other regional flood factors;
(b)
Protect structures to the flood protection elevation;
(c)
Anchor structures to foundations to resist flotation and lateral
movement; and
(d)
Minimize or eliminate infiltration of floodwaters.
(e)
Minimize or eliminate discharges into floodwaters.