Village of New Glarus, WI Article I Statutory Authority; Finding of Fact; Purpose; Title; General Provisions

§ 169-1 Statutory authority.

This chapter is adopted pursuant to the authorization in §§ 61.35 and 62.23, for villages and cities; §§ 59.69, 59.692, and 59.694 for counties; and the requirements in § 87.30, Wis. Stats.

§ 169-2 Finding of fact.

Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.

§ 169-3 Statement of purpose.

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 homebuyers;

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.

§ 169-4 Title.

This chapter shall be known as the "Floodplain Zoning Ordinance" for the Village of New Glarus, Wisconsin.

§ 169-5 General provisions.

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. The boundaries of all floodplain districts are designated as floodplains or A Zones on the maps listed below and the revisions in the Village of New Glarus 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 Village Clerk, Village of New Glarus. If more than one map or revision is referenced, the most restrictive information shall apply.

(1) Official maps: Flood Insurance Rate Map (FIRM), panel numbers 55045C0033G, 55045C0034G, 55045C0042G, 55045C0055G and 55045C0065G, dated May 18, 2009; with corresponding profiles that are based on the Green County Flood Insurance Study (FIS) dated May 18, 2009, 55045CV000A.

(2) 1325 State Highway 69. A parcel of land, as described in the Land contract, recorded as Document No. 480806, in Volume 0960, Page 0356, in the Office of the county Register of Deeds, Green County, Wisconsin. Based on Letter of Map Amendment determination Document (Removal) from FEMA dated March 23, 2010, being Case No. 10-05-2421A. Said property located in the Village of New Glarus, Community No. 550164 on Floodway Map dated 5/18/2009, being Map Panel No. 55045C0042G.

[Added 12-7-2010 by Ord. No. 10-11[1]]

[1] Editor's Note: This ordinance provided an effective date of 2-19-2011.

(3) 107 and 109 Second Avenue. A portion of lots 3 and 4, Block 12, as described in the Warranty Deed, recorded as Document No. 481944, Volume 0954, Page 0617, in the Office of the County Register of Deeds, Green County, Wisconsin. Based on Letter of Map Amendment determination Document (Removal) from FEMA dated November 27, 2009, being Case No. 09-05-5273A. Said property located in the Village of New Glarus, Community No. 550164 on Floodway Map dated 5/18/2009, being Map Panel No. 55045C0034G.

[Added 12-7-2010 by Ord. No. 10-11[2]]

[2] Editor's Note: This ordinance provided an effective date of 2-19-2011.

(4) 16 14th Avenue. Lot 1, as described in Warranty Deed, recorded as Document No. 388989, in Volume 594, Page 404, in the Office of the County Register of Deeds, Green County, Wisconsin. Based on Letter of Map Amendment determination Document (Removal) from FEMA dated November 19, 2009, being Case No. 10-05-0061A. Said property located in the Village of New Glarus, Community No. 550164 on Floodway Map dated 5/18/2009, being Map Panel No. 55045C0042G.

[Added 12-7-2010 by Ord. No. 10-11[3]]

[3] Editor's Note: This ordinance provided an effective date of 2-19-2011.

(5) 219 4th Avenue. A part of Lot 5, Block 6, as described in the Warranty Deed, recorded as Document No. 444852, Volume 0803, Page 0150, in the Office of the County Register of Deeds, Green County, Wisconsin. Based on Letter of Map Amendment determination Document (Removal) from FEMA dated October 15, 2009, being Case No. 09-05-6062A. Said property located in the Village of New Glarus, Community No. 550164 on Floodway Map dated 5/18/2009, being Map Panel No. 55045C0034G.

[Added 12-7-2010 by Ord. No. 10-11[4]]

[4] Editor's Note: This ordinance provided an effective date of 2-19-2011.

(6) 602 Railroad Street. A portion of Lot One, as described in the Warranty Deeds, recorded as Document No. 342245, in Volume 476, Page 138, in the Office of the County Register of Deeds, Green County, Wisconsin. Based on Letter of Map Amendment Determination Document (Removal) from FEMA dated October 13, 2009, being Case No. 09-05-6113A. Said property located in the Village of New Glarus, Community No. 550164 on Floodway Map dated 5/18/2009, being Map Panel No. 55045C0034G.

[Added 12-7-2010 by Ord. No. 10-11[5]]

[5] Editor's Note: This ordinance provided an effective date of 2-19-2011.

(7) 501 Elmer Road. A portion of Outlot 208, Assessor's Plat, as described in the Warranty Deed, recorded as Document No. 404105, in Volume 635, Pages 716 and 717, in the Office of the Register of Deeds, Green County, Wisconsin. Based on Letter of Map Amendment Determination Document (Removal) from FEMA dated September 3, 2010, being Case No. 10-05-4198A. Said property located in the Village of New Glarus, Community No. 550164 on Floodway Map dated 5/18/2009, being Map Panel No. 55045C0034G.

[Added 12-7-2010 by Ord. No. 10-11[6]]

[6] Editor's Note: This ordinance provided an effective date of 2-19-2011.

(8) 1302 and 1304 First Street. Lot 3, Certified Survey Map No. 1560, as described in the Warranty Deed, recorded as Document No. 392234, in Volume 604, Page 61, in the Office of the County Register of Deeds, Green County, Wisconsin. Based on Letter of Map Amendment Determination Document (Removal) from FEMA dated June 28, 2010, being Case No. 10-05-4245A. Said property located in the Village of New Glarus, Community No. 550164 on Floodway Map dated 5/18/2009, being Map Panel No. 55045C0042G.

[Added 12-7-2010 by Ord. No. 10-11[7]]

[7] Editor's Note: This ordinance provided an effective date of 2-19-2011.

(9) 1405 State Highway 69. A portion of lot 1, Certified Survey Map no. 284, as described in the Memorandum of Lease, recorded as Document No. 363360, in Volume 528, Page 82, in the Office of the County Register of Deeds, Green County, Wisconsin. Based on Letter of Map Amendment Determination Document (Removal) from FEMA dated August 5, 2010, being Case No. 10-05-5679A. Said property located in the Village of New Glarus, Community No. 550164 on Floodway Map dated 5/18/2009, being Map Panel No. 55045C0042G.

[Added 12-7-2010 by Ord. No. 10-11[8]]

[8] Editor's Note: This ordinance provided an effective date of 2-19-2011.

(10) Property located at 1301 Elmer Road, namely:

[Added 12-7-2010 by Ord. No. 10-11[9]]

(a) Revision of the floodway, Special Flood Hazard Area (SFHA), and 1% annual chance water surface elevation of the Little Sugar River. Specifically, the SFHA and floodway shall be revised from a point near the confluence of Legler School Branch to a point located approximately 150 feet upstream (north) of the Village of New Glarus Wastewater Treatment Plant entrance drive (Elmer Road extended to the west). The 1% annual chance water surface elevation f the Little Sugar River shall be revised from a point located approximately 600 feet north of the northerly Village of New Glarus corporate boundary to a point located approximately 300 feet downstream (south) of the Village of New Glarus Wastewater Treatment Plant entrance drive (Elmer Road extended to the west). As a result of the floodway revision, the floodway shall expend with a maximum expansion of approximately 200 feet at a point located 300 feet downstream (south) of the Village of New Glarus Wastewater Treatment Plant entrance drive (Elmer Road extended to the west).

(b) As a result of the SFHA revision, the SFHA shall expand with a maximum expansion of approximately 90 feet at a point located 780 feet downstream (south) of the Village of New Glarus Wastewater Treatment Plant entrance drive (Elmer Road extended to the west). The LOMR will result in increases and decreases in the 1% annual chance water-surface elevations with a maximum increase of 0.85 feet at a point approximately 400 feet upstream (north) of the Village of New Glarus Wastewater Treatment Plant entrance drive (Elmer Road extended to the west).

(c) Based on Letter of Map Revision Determination Document from FEMA dated February 18, 2011, being Case No. 10-05-1296P. Said property located in the Village of New Glarus, Community No. 550157 on Floodway Map dated 5/18/2009, being Map Panel Nos. 55045C0034G and 55045C0042G.

These maps are the official floodplain zoning maps and have been approved by the Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) and are on file in the office of the Village Clerk. If more than one map is referenced, the most restrictive information shall apply.

[9] Editor's Note: This ordinance provided an effective date of 2-19-2011.

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 Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway.

(3) The General Floodplain District (GFP) is 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 Subsection 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 § 169-27C and the criteria in Subsection D(1)(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.

(2) NOTE: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 169-31F.

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 non-floodplain 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 Green 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.