[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Editor's Note: This ordinance superseded former Ch. 18.28,
Administration, adopted 10-19-2009 by Ord. No. 255.
Where a Zoning Administrator, planning agency or a board of
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 title.
A.
Duties and Powers. The Zoning Administrator is authorized to administer
this title and shall have the following duties and powers:
1.
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.
2.
Issue permits and inspect properties for compliance with provisions
of this title, and issue certificates of compliance where appropriate.
3.
Inspect all damaged floodplain structures to determine if substantial
damage to the structures has occurred.
4.
Keep records of all official actions such as:
a.
All permits issued, inspections made, and work approved.
b.
Documentation of certified lowest floor and regional flood elevations.
c.
Floodproofing certificates.
d.
Records of water surface profiles, floodplain zoning maps and
ordinances, nonconforming uses and structures including changes, appeals,
variances and amendments.
e.
All substantial damage assessment reports for floodplain structures.
f.
List of nonconforming structures and uses.
5.
Submit copies of the following items to the Department (WDNR) Regional
office:
a.
Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text amendments;
b.
Copies of any case-by-case analyses, and other required information.
c.
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
6.
Investigate, prepare reports, and report violations of this title
to the municipal zoning agency and attorney for prosecution. Copies
of the reports shall also be sent to the Department (WDNR) Regional
office.
7.
Submit copies of amendments to the FEMA Regional office.
B.
Land Use Permit. A land use permit shall be obtained before any new
development or any structural; repair, modification or addition to
an existing structure; or change in the use of a building or structure,
including sewer and water facilities, may be initiated. Application
to the Zoning Administrator shall include:
2.
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
a.
Location, dimensions, area and elevation of the lot;
b.
Location of the ordinary highwater mark of any abutting navigable
waterways;
c.
Location of any structures with distances measured from the
lot lines and street center lines;
d.
Location of any existing or proposed on-site sewage systems
or private water supply systems;
e.
Location and elevation of existing or future access roads;
f.
Location of floodplain and floodway limits as determined from
the official floodplain zoning maps;
g.
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);
i.
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Section 18.08.010. This may include any of the information noted in Section 18.12.030A.
3.
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.
a.
Zone A floodplains and in AE Zones within which a floodway is
not delineated:
i.
Hydrology.
[A]
The appropriate method shall be based on the standards
in Ch. NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
ii.
Hydraulic modeling. The regional flood elevation shall be based
on the standards in Ch. NR 116.07(4), Wis. Adm. Code, Hydraulic Analysis:
Determination of Regional Flood Elevation and the following:
[A]
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.
[B]
Channel sections must be surveyed.
[C]
Minimum four-foot contour data in the overbanks
shall be used for the development of cross section overbank and floodplain
mapping.
[D]
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.
[E]
The most current version of HEC-RAS shall be used.
[F]
A survey of bridge and culvert openings and the
top of road is required at each structure.
[G]
Additional cross sections are required at the downstream
and upstream limits of the proposed development and any necessary
intermediate locations based on the length of the reach if greater
than 500 feet.
[H]
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.
[I]
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 foot.
iii.
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.
[A]
If the proposed development is located outside
of the floodway, then it is determined to have no impact on the regional
flood elevation.
[B]
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.
b.
Zone AE Floodplains.
i.
Hydrology. If the proposed hydrology will change the existing
study, the appropriate method to be used shall be based on Ch. NR
116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination of Regional
Flood Discharge.
ii.
Hydraulic model. The regional flood elevation shall be based
on the standards in Ch. NR 116.07(4), Wis. Adm. Code, Hydraulic Analysis:
Determination of Regional Flood Elevation and the following:
[A]
Duplicate Effective Model. The Effective Model
shall be reproduced to ensure correct transference of the model data
and to allow integration of the revised data to provide a continuous
FIS model upstream and downstream of the revised reach. If data from
the effective model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway Data Table
in the FIS report to within 0.1 foot.
[B]
Corrected Effective Model. The Corrected Effective
Model shall not include any man-made physical changes since the effective
model date but shall import the model into the most current version
of HEC-RAS for Department review.
[C]
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.
[D]
Revised (Post-Project Conditions) Model. The Revised
(Post-Project Conditions) Model shall incorporate the Existing Model
and any proposed changes to the topography caused by the proposed
development. This model shall reflect proposed conditions.
[E]
All changes to the Duplicate Effective Model and
subsequent models must be supported by certified topographic information,
bridge plans, construction plans and survey notes.
[F]
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 topwidths 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.
iii.
Mapping. Maps and associated engineering data
shall be submitted to the Department for review which meet the following
conditions:
[A]
Consistency between the revised hydraulic models,
the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary
Floodway Maps (FBFMs), construction plans, bridge plans.
[B]
Certified topographic map of suitable scale, contour
interval, and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in order
that the FIRM may be more easily revised.
[C]
Annotated FIRM panel showing the revised 1% and
0.2% annual chance floodplains and floodway boundaries.
[D]
If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used then all supporting documentation or metadata
must be included with the data submission along with the Universal
Transverse Mercator (UTM) projection and State Plane Coordinate System
in accordance with FEMA mapping specifications.
[E]
The revised floodplain boundaries shall tie into
the effective floodplain boundaries.
[F]
All cross sections from the effective model shall
be labeled in accordance with the effective map and a cross section
lookup table shall be included to relate to the model input numbering
scheme.
[G]
Both the current and proposed floodways shall be
shown on the map.
[H]
The stream center line or profile baseline used
to measure stream distances in the model shall be visible on the map.
iv.
Expiration. All permits issued under the authority of this title
shall expire no more than 180 days after issuance. The permit may
be extended for a maximum of 180 days for good and sufficient cause.
If the permitted work has not started within 180 days of the permit
date, the development must comply with any regulation, including any
revision to the FIRM or FIS, that took effect after the permit date.
C.
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 Administrator, except where
no permit is required, subject to the following provisions:
1.
The certificate of compliance shall show that the building or premises
or part thereof, and the proposed use, conform to the provisions of
this title;
2.
Application for such certificate shall be concurrent with the application
for a permit;
3.
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;
4.
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 Section 18.28.050 are met.
5.
Where applicable pursuant to Section 18.20.010D, the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
6.
Where applicable pursuant to Section 18.20.010D, the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by Section 18.20.010D.
D.
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 Section 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
A.
The Village of Darien Plan Commission shall:
The Board of Appeals, created under § 62.23(7)(e),
Wis. Stats., for cities or villages, is hereby authorized or shall
be appointed to act for the purposes of this title. The Board shall
exercise the powers conferred by Wisconsin Statutes and adopt rules
for the conduct of business. The Zoning Administrator may not be the
secretary of the Board.
A.
Powers and Duties. The Board of Appeals shall:
1.
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 title.
2.
Boundary Disputes. Hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map.
3.
Variances. Hear and decide, upon appeal, variances from the ordinance
standards.
B.
Appeals to the Board.
1.
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 Administrator 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.
2.
Notice and hearing for appeals including variances.
a.
Notice. The Board shall:
i.
Fix a reasonable time for the hearing;
ii.
Publish adequate notice pursuant to Wisconsin Statutes, specifying
the date, time, place and subject of the hearing;
iii.
Assure that notice shall be mailed to the parties
in interest and the Department (WDNR) Regional office at least 10
days in advance of the hearing.
b.
Hearing. Any party may appear in person or by agent. The Board
shall:
i.
Resolve boundary disputes according to Section 18.28.030C.
ii.
Decide variance applications according to Section 18.28.030D.
3.
Decision. The final decision regarding the appeal or variance application
shall:
a.
Be made within a reasonable time;
b.
Be sent to the Department (WDNR) Regional office within 10 days
of the decision;
c.
Be a written determination signed by the chairman or secretary
of the Board;
d.
State the specific facts which are the basis for the Board's
decision;
e.
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;
f.
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.
C.
Boundary Disputes. The following procedure shall be used by the Board
in hearing disputes concerning floodplain district boundaries:
1.
If a floodplain district boundary is established by approximate or
detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary.
2.
In all cases, the person contesting the boundary location shall be
given a reasonable opportunity to present arguments and technical
evidence to the Board.
D.
Variance.
1.
The Board may, upon appeal, grant a variance from the standards of
this title if an applicant convincingly demonstrates that:
a.
Literal enforcement of the ordinance provisions will cause unnecessary
hardship;
b.
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;
c.
The variance is not contrary to the public interest; and
2.
In addition to the criteria in Subsection D1, to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:
a.
The variance shall not cause any increase in the regional flood
elevation;
b.
The applicant has shown good and sufficient cause for issuance
of the variance;
c.
Failure to grant the variance would result in exceptional hardship;
d.
Granting the variance will not result in additional threats
to public safety, extraordinary expense, create a nuisance, cause
fraud on or victimization of the public, or conflict with existing
local laws or ordinances;
e.
The variance granted is the minimum necessary, considering the
flood hazard, to afford relief.
3.
A variance shall not:
a.
Grant, extend or increase any use prohibited in the zoning district.
b.
Be granted for a hardship based solely on an economic gain or
loss.
c.
Be granted for a hardship which is self-created.
d.
Damage the rights or property values of other persons in the
area.
f.
Allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic
structure.
4.
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.
A.
The Zoning Agency (s. 18.28.020) or Board shall review all data related
to the appeal. This may include:
1.
Permit application data listed in Section 18.28.010B.
2.
Floodway/floodfringe determination data in Section 18.20.010E.
3.
Data listed in Section 18.12.030A2 where the applicant has not submitted this information to the Zoning Administrator.
4.
Other data submitted with the application, or submitted to the Board
with the appeal.
C.
For appeals concerning increases in regional flood elevation the
Board shall:
1.
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 Ch. 18.32, Amendments; and
2.
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.
A.
No permit or variance shall be issued for a nonresidential 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 or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in Chs. 18.08, 18.12, or 18.16 or Sections 18.20.010 or 18.20.030.
B.
For a structure designed to allow the entry of floodwaters, no permit
or variance shall be issued until the applicant submits a plan either:
1.
Certified by a registered professional engineer or architect; or
2.
Meeting or exceeding the following standards:
a.
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;
b.
The bottom of all openings shall be no higher than one foot
above grade; and
c.
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
C.
Floodproofing measures shall be designed, as appropriate, to:
1.
Withstand flood pressures, depths, velocities, uplift and impact
forces and other regional flood factors;
2.
Protect structures to the flood protection elevation;
3.
Anchor structures to foundations to resist flotation and lateral
movement;
4.
Minimize or eliminate infiltration of floodwaters;
5.
Minimize or eliminate discharges into floodwaters;
6.
Placement of essential utilities to or above the flood protection
elevation; and
7.
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
a.
The enclosed area shall be designed by a registered architect
or engineer to allow for the efficient entry and exit of floodwaters
without human intervention. A minimum of two openings must be provided
with a minimum net area of at least one square inch for every one
square foot of the enclosed area. The lowest part of the opening can
be no more than 12 inches above the adjacent grade;
b.
The parts of the foundation located below the flood protection
elevation must be constructed of flood-resistant materials;
c.
Mechanical and utility equipment must be elevated or floodproofed
to or above the flood protection elevation; and
d.
The use must be limited to parking, building access or limited
storage.
