This chapter is adopted pursuant to the authorization in Wis.
Stats. §§ 61.35 and 62.23, for villages and cities;
and the requirements in Wis. Stats. § 87.30.
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 Village of Waterford, Wisconsin."
A.
Areas to be regulated. This chapter regulates all areas of special
flood hazard identified as Zones A, AO, AH, A1-30, or AE on the Flood
Insurance Rate Map. Additional areas identified on maps approved by
the Department of Natural Resources (DNR) and the 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, or 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 Village Zoning Administrator, Village Hall, Village of Waterford.
(1)
Official maps: based on the Flood Insurance Study (FIS):
(a)
Flood Insurance Rate Map (FIRM), panel numbers 55101C0036E,
55101C0038E, 55101C0039E, and 55101C0151E, dated January 11, 2024;
(b)
Flood Insurance Study (FIS) for Village of Waterford (Racine
County), 55101CV001C, 55101CV002C, and 55101CV003C, dated January
11, 2024;
Approved by: the DNR and FEMA.
(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)
Waterford Dam Failure Analysis (DFA) dated June 26, 2012, by
GRAEF, approved by the Department of Natural Resources on December
5, 2012, including:
[1]
A map titled "Figure 1 - Hydraulic Shadow Map - Waterford Dam,"
showing hydraulic shadow boundary and model cross section locations.
Elevations shown on map at cross sections are for reference only;
use floodway data table for regulatory elevations.
[2]
Floodway data table output from RAS, bearing the header "HEC-RAS
Plan: Unsteady 62612." The value in the column titled "W.S. Elev"
is the governing regulatory elevation.
[3]
Flood profile panels 01P, 02P, and 03P copied from Village of
Waterford Flood Insurance Study, with DFA cross section locations
noted. Sections are shown for reference; no regulatory water surface
profile is shown. Use floodway data table for regulatory elevations.
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 § 256-18E.
(2)
The Floodfringe 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 § 256-18E, 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.
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 predevelopment 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 § 256-25B 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, including any boundary
of Zone A or 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 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 subsections are met:
(3)
Removal of lands from the floodplain may also occur by operation
of Wis. Stats. § 87.30(1)(e), 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 Article IX.
(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 Article IX.
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 Wis. Stats. s 13.48(13) applies.
The construction, reconstruction, maintenance and repair of state
highways and bridges by the Wisconsin Department of Transportation
is exempt when Wis. Stats. § 30.2022 applies. Although exempt
from a local zoning permit and permit fees, the 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 Wis. Stats. § 30.2022,
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 twenty-foot span at the same location; the project is exempt
from a DNR permit under Wis. Stats. § 30.123(6)(d), 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 Wis. Stats. § 61.35 for villages;
or Wis. Stats. § 87.30, 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 Wis. Admin. Code Ch. NR 116, 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 Racine 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 Wis. Admin. Code Ch. NR 116 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 floodway
location.
