[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Editor's Note: This ordinance superseded former Ch. 18.04,
Statutory Authorization, Findings of Fact, Statement of Purpose, Title,
and General Provisions, adopted 10-19-2009 by Ord. No. 255.
This title is adopted pursuant to the authorization in Sections
61.35 and 62.23, for villages and cities; and the requirements in
Section 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 title 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.
This title shall be known as the Floodplain Zoning Ordinance
for the Village of Darien, Wisconsin.
A.
Areas to Be Regulated. This title regulates all areas of special
flood hazard identified as Zones A, AO, AH, A1-30, AE, on the Flood
Insurance Rate Map. Additional areas identified on maps approved by
the Department of Natural Resources (DNR) and local community may
also be regulated under the provisions of this title, where applicable.
B.
Official Maps and Revisions. Special flood hazard areas (SFHA) are designated as Zones A, A1-30, AE, AH, AO, on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in Subsection B(1) below. Additional flood hazard areas subject to regulation under this title are identified on maps based on studies approved by the DNR and listed in Subsection B(2) below. These maps and revisions are on file at Village Hall in Darien, WI.
1.
Official Maps. Based on the Flood Insurance Study (FIS).
C.
Establishment of Floodplain Zoning Districts. The flood hazard areas
regulated by this title are divided into 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, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to Section 18.20.010E.
2.
The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones in the FIRM, or, when floodway limits have been determined according to Section 18.20.010E, within A Zones shown on the FIRM.
3.
The General Floodplain District (GFP) is those riverine areas that
may be covered by floodwater during the regional flood in which a
floodway boundary has not been delineated on the FIRM and also includes
shallow flooding areas identified as AH and AO Zones on the FIRM.
D.
Locating Floodplain Boundaries. Discrepancies between the exterior boundaries of Zones A1-30, AE, AH, or A 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 Ch. 18.32, Amendments. 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 pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to Section 18.28.030C and the criteria in Subsection D(1) or (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendments or revision pursuant to Ch. 18.32, 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, including any boundary
of Zone A, AO, the location of the boundary shall be determined by
the map scale.
E.
Removal of Lands from Floodplain.
1.
Compliance with the provisions of this title 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 Ch. 18.32, Amendments.
2.
The delineation of any of the Floodplain Districts may be revised
by the community where natural or man-made changes have occurred and/or
where more detailed studies have been conducted. However, prior to
any such change, approval must be obtained from the Wisconsin Department
of Natural Resources and Federal Emergency Management Agency. A completed
Letter of Map Revision is a record of this approval. The floodplain
administrator shall not sign a community acknowledgement form unless
all criteria set forth in the following paragraphs are met:
3.
Removal of lands from the floodplain may also occur by operation
of § 87.30(1)(e), Wis. Stat. if a property owner has obtained
a letter of map amendment from the federal emergency management agency
under 44 CFR 70.
F.
Compliance.
1.
No structure or use within the areas regulated by this title shall
hereafter be located, erected, constructed, reconstructed, repaired,
extended, converted, enlarged, or altered without full compliance
with the terms of these regulations and all other applicable regulations
that apply to uses within the jurisdiction of these regulations.
2.
Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Ch. 18.36.
3.
Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Ch. 18.36.
G.
Municipalities and State Agencies Regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this title and obtain all necessary permits. State
agencies are required to comply if Section 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 Section 30.2022, Wis. Stats., applies. Although exempt
from a local zoning permit and permit fees, DOT must provide sufficient
project documentation and analysis to ensure that the community is
in compliance with federal, state, and local floodplain standards.
H.
Abrogation and Greater Restrictions.
1.
This title supersedes all the provisions of any municipal zoning
ordinance enacted under Section 61.35 for villages; or Section 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 title is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. If this title imposes greater
restrictions, the provisions of this title shall prevail.
I.
Interpretation. In their interpretation and application, the provisions
of this title 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 title, 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 title or in effect on the date
of the most recent text amendment to this title.
J.
Warning and Disclaimer of Liability. The flood protection standards
in this title 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 title does not imply or guarantee that nonfloodplain
areas or permitted floodplain uses will be free from flooding and
flood damages. This title 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
title.
K.
Severability. Should any portion of this title be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this title shall not be affected.
L.
Annexed Areas for Cities and Villages. The Walworth 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
through 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 location
of the floodway.
