This chapter is adopted pursuant to the authorization in §§ 61.35
and 62.23, Wis. Stats., for villages, 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.
To regulate development in flood hazard areas, the governing
body does ordain the purpose of these rules is 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 Elm Grove, Wisconsin."
A.
Areas to be regulated. This chapter regulates all areas of special
flood hazard identified as Zones A, AO, AH, A1-30, and 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 chapter, where applicable.
B.
Official maps and revisions. Special flood hazard areas (SFHA) are designated as Zones A, A1-30, AE, AH, and 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 chapter 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 in the office of the Zoning and Planning Administrator, Village of Elm Grove.
(1)
Official maps: Based on the Waukesha County Flood Insurance Study
(FIS), dated November 5, 2014:
(2)
Official maps: Based on other studies, any maps referenced in this
section must be approved by the DNR and be more restrictive than those
based on the FIS at the site of the proposed development.
(a)
Village of Elm Grove Flood Storage District Map, panel number
4 of 12, dated November 5, 2014, prepared and approved by the DNR.
C.
Establishment of floodplain zoning districts. The flood hazard areas
regulated by this chapter 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 § 330-18E.
(2)
The Flood-Fringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to § 330-18E, 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.
(4)
The Flood Storage District (FSD) is that area of the floodplain where
storage of floodwaters is calculated to reduce the regional flood
discharge.
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 may 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 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 § 330-27C 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, including any boundary of Zones
A and 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 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.
(2)
The delineation of any of the floodplain districts may be revised
by the Village 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 acknowledgment form unless
all criteria set forth in the following subsections are met:
(3)
Removal of lands from the floodplain may also occur by operation
of § 87.30(1)(e), Wis. Stats., 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 areas regulated by this chapter 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 § 330-34.
(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 § 330-34.
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. 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.
If a local transportation project is located within a Zone A floodplain
and is not a WisDOT project under § 30.2022, Wis. Stats.,
then the road project design documents (including appropriate detailed
plans and profiles) may be sufficient to meet the requirements for
issuance of a local floodplain permit if the following apply: The
applicant provides documentation to the Floodplain Administrator that
the proposed project is a culvert replacement or bridge replacement
under 20 feet span at the same location, the project is exempt from
a DNR permit under § 30.123(6)(d), Wis. Stats., the capacity
is not decreased, the top road grade is not raised, and no floodway
data is available from a federal, state, or other source. If floodway
data is available in the impacted area from a federal, state, or other
source, that existing data must be utilized by the applicant in the
analysis of the project site.
H.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under § 61.35, Wis. Stats., for villages;
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 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 Waukesha 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
to 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.
