This chapter is adopted pursuant to the authorization
in §§ 61.35, 62.23 and 87.30, Wis. Stats.
Uncontrolled development and use of the floodplains,
rivers or streams of this municipality would adversely affect the
public health, safety, convenience, and general welfare and impair
the tax base.
The purpose of these rules is to:
A.
Protect life, health and property;
B.
Minimize expenditures of public moneys for costly
flood-control projects;
C.
Minimize rescue and relief efforts, generally undertaken
at the expense of the tax-paying public;
D.
Minimize business interruptions which usually result
in the loss of local incomes;
E.
Minimize damage to public facilities on the floodplains
such as water mains, sewer lines, streets and bridges;
F.
Minimize the occurrence of future flood blight areas
on floodplains;
G.
Discourage the victimization of unwary land and home
buyers; and
H.
Prevent increases in regional flood heights that could
increase flood damage and may result in conflicts or litigation between
property owners.
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 the Village of Belgium, Wisconsin."
A.
Areas to be regulated. Areas regulated by this chapter include all areas within the limits of the municipality that would be covered by the "regional flood" (defined in § 143-34) and include "floodplain islands" (defined in § 143-34) designated on the Official Map where emergency rescue and relief routes would be inundated by the regional flood.
B.
Official maps and revisions. The boundaries of all
floodplain districts including the floodway, flood-fringe and other
floodplain districts, are those areas designated as floodplains or
A-Zones on the maps listed below. 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 Village Clerk.
If more than one map or revision is referenced, the most restrictive
information shall apply.
[Amended 7-14-2008 by Ord. No. 13-08; 3-8-2010 by Ord. No.
2-10]
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Official Maps: Based on the Ozaukee County Flood
Insurance Study, effective December 2007, Volumes 55089CV001A and
55089CV002A, Ozaukee County Flood Insurance Rate Maps (FIRMs) effective
December 4, 2007, Panel Nos. 63 of 259, 64 of 259, 126 of 259 and
127 of 259, prepared by the Federal Emergency Management Agency (FEMA),
Map Nos. 55089C0063F, 55089C0064F, 55089C00126F and 55089C00127F.
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C.
Establishment of districts. the regional floodplain areas are hereby divided into three districts defined in § 143-34 and as follows:
(1)
The Floodway District (FW) consists of 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) consists of that portion
of the floodplain between the regional flood limits and the floodway.
(3)
The General Floodplain District (GFP) consists of
all areas which have been or may be covered by floodwater during the
regional flood. It includes both the Floodway District and the Flood-Fringe
Districts.
D.
Locating floodplain boundaries.
(1)
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 shall be initially determined by the Zoning Administrator using the criteria in Subsection D(2) or (3) below. Where the Zoning Administrator finds that there is a significant difference between 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 over the location of the district boundary line shall be settled according to § 143-26.
(2)
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 map and actual field conditions, the regional flood elevations
shall govern. A map amendment is required where there is a significant
discrepancy between the map and actual field conditions. The Zoning
Administrator shall have the authority to 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.
(3)
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 map and actual field conditions,
the map shall be amended. Where a map amendment has been approved
by both the municipal governing body and the Department, the Zoning
Administrator shall have the authority to grant or deny a land use
permit.
E.
Removal of lands from floodplain. 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 flood insurance requirements, FEMA must first revise the Flood Insurance Rate Map or issue a Letter of Map Amendment or Revision.
F.
Compliance. Any development, as defined in § 143-34, or use within the areas regulated by this chapter shall be in full 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 are 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 §§ 62.23 and
61.35 or 87.30, Wis. Stats., which relate to floodplains except that
where another municipal zoning ordinance is more restrictive than
the provisions contained in 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, convents or easements. However,
where this chapter imposes greater restrictions, the provisions of
this chapter shall prevail.
I.
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 Ch. NR 116, Wis. Adm. Code, and where the ordinance
provision is unclear, the provision shall be interpreted in light
of the Ch. 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 this chapter.
J.
Warning and disclaimer of liability. The degree of
flood protection provided by this chapter is considered reasonable
for regulatory purposes and is based on engineering experience and
scientific methods of study. Larger floods may occur, or the flood
height may be increased by man-made or natural causes such as ice
jams or bridge openings restricted by debris. Therefore, 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 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.
Annexed areas for cities and villages. The Ozaukee
County floodplain zoning provisions in effect on the date of annexation
shall remain in effect and shall be enforced by the municipality for
all areas annexed by the municipality 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.
L.
General development standards. The Village 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.
