This chapter is adopted pursuant to the authorization in §§ 61.35
and 62.23 and the requirements in § 87.30, Wis. Stats.
Uncontrolled development and use of the floodplains and rivers
of this municipality would impair the public health, safety, convenience,
general welfare and tax base.
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 home buyers;
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.
This chapter shall be known as the "Floodplain Zoning Ordinance
for the Village of Footville, Wisconsin."
A.
Areas to be regulated. This chapter regulates all areas that would
be covered by the regional flood or base flood as shown on the Flood
Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood
elevations are derived from the flood profiles in the Flood Insurance
Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM.
Other regulatory zones are displayed as A and AO zones. Regional flood
elevations (RFE) may be derived from other studies. If more than one
map or revision is referenced, the most restrictive information shall
apply.
B.
Official Maps and revisions.
(1)
In general. The boundaries of all floodplain districts are designated as A, AE, AH, or AO on the maps based on the FEMA Flood Insurance Study (FIS) listed in Subsection B(2) below or designated as floodway, flood fringe, general floodplain district, or other flood hazards as defined within the non-FEMA maps and/or studies adopted as listed in Subsection B(3), below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process before it is effective. No changes to BFEs or boundaries on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the Municipal Office of the Village of Footville. If more than one map or revision is referenced, the most recently dated information shall apply.
(2)
Official Maps based on FEMA data. Flood Insurance Rate Map (FIRM),
panel numbers 55105C0161E and 55105C0162E, dated September 16, 2015;
with corresponding profiles that are based on the Flood Insurance
Study (FIS) numbers 55105CV001B and 55105CV002B dated September 16,
2015. These studies have been approved by the DNR and FEMA.
(3)
Official Maps based on other studies. Maps and studies referenced in this section may include but are not limited to floodplain analyses conducted by the Village, landowners, or developers on a case-by-case basis on streams not mapped by FEMA, revisions to the FEMA maps and/or studies listed in Subsection B(2) above, dam failure analyses, analyses related to culvert or bridge construction, and the like. Any maps referenced in this section must be approved by the DNR. Any maps listed in this section revising FEMA maps and/or studies must be approved by FEMA via the Letter of Map Change (LOMC) process.
(a)
Dam failure analysis studies and maps: none as of the effective
date of this chapter. Any future maps and studies adopted under this
chapter must name the study author, study date, and date of approval
by DNR.
(b)
Studies and maps related to letters of map change: none as of
the effective date of this chapter. Any future maps and studies adopted
under this chapter must name the study author, study date, and date
of approval by DNR, and the FEMA LOMC case number and effective date.
(c)
Other studies and maps. None as of the effective date of this
chapter. Any future maps and studies adopted under this chapter must
name the study author, study date, and date of approval by DNR.
C.
Establishment of floodplain zoning 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 and are contained within AE Zones as
shown on the FIRM.
(2)
The Flood-Fringe District (FF) is that portion between the regional
flood limits and the floodway and displayed as AE Zones on the FIRM.
(3)
The General Floodplain District (GFP) is those areas that may be
covered by floodwater during the regional flood and does not have
a BFE or floodway boundary determined, including A, AH and AO zones
on the FIRM.
D.
Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection D(1) or (2) below. If a significant difference exists, the map shall be amended according to Article VIII, Amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use zoning 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 § 342-28C and the criteria in Subsection D(1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Article VIII, Amendments.
(1)
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.
(2)
Where flood profiles do not exist for projects, the location of the
boundary shall be determined by the map scale.
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, Amendments.
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 § 61.35 or 87.30, Wis. Stats., which
relate to floodplains. A more restrictive 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 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. This chapter does not 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 Rock 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 44 CFR 59-72,
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 floodway location.
