This chapter is adopted pursuant to the authorization in §§ 61.35, 62.23 and 87.30, Wis. Stats.
Uncontrolled development and use of the floodplains, rivers or streams of this municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base.
The purpose of these rules is to:
Protect life, health and property;
Minimize expenditures of public moneys for costly flood-control projects;
Minimize rescue and relief efforts, generally undertaken at the expense of the tax-paying public;
Minimize business interruptions which usually result in the loss of local incomes;
Minimize damage to public facilities on the floodplains such as water mains, sewer lines, streets and bridges;
Minimize the occurrence of future flood blight areas on floodplains;
Discourage the victimization of unwary land and home buyers; and
Prevent increases in regional flood heights that could increase flood damage and may result in conflicts or litigation between property owners.
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 Belgium, Wisconsin."
Areas to be regulated. Areas regulated by this chapter include all areas within the limits of the municipality that would be covered by the "regional flood" (defined in § 143-34) and include "floodplain islands" (defined in § 143-34) designated on the Official Map where emergency rescue and relief routes would be inundated by the regional flood.
Official maps and revisions. The boundaries of all floodplain districts including the floodway, flood-fringe and other floodplain districts, are those areas designated as floodplains or A-Zones on the maps listed below. Any change to the base flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (RFEs) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Village Clerk. If more than one map or revision is referenced, the most restrictive information shall apply.
[Amended 7-14-2008 by Ord. No. 13-08; 3-8-2010 by Ord. No. 2-10]
Establishment of districts. the regional floodplain areas are hereby divided into three districts defined in § 143-34 and as follows:
The Floodway District (FW) consists of the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters.
The Flood-Fringe District (FF) consists of that portion of the floodplain between the regional flood limits and the floodway.
The General Floodplain District (GFP) consists of all areas which have been or may be covered by floodwater during the regional flood. It includes both the Floodway District and the Flood-Fringe Districts.
Locating floodplain boundaries.
Where an apparent discrepancy exists between the location of the outermost boundary of the Flood-Fringe District or General Floodplain District shown on the Official Floodplain Zoning Map and actual field conditions, the location shall be initially determined by the Zoning Administrator using the criteria in Subsection D(2) or (3) below. Where the Zoning Administrator finds that there is a significant difference between the map and the actual field conditions, the map shall be amended using the procedures established in Article VIII. Disputes between the Zoning Administrator and an applicant over the location of the district boundary line shall be settled according to § 143-26.
Where flood profiles exist, the location of the district boundary line shall be determined by the Zoning Administrator using both the scale appearing on the map and the elevations shown on the water surface profile of the regional flood. Where a discrepancy exists between the map and actual field conditions, the regional flood elevations shall govern. A map amendment is required where there is a significant discrepancy between the map and actual field conditions. The Zoning Administrator shall have the authority to grant or deny a land use permit on the basis of a district boundary derived from the elevations shown on the water surface profile of the regional flood, whether or not a map amendment is required. The Zoning Administrator shall be responsible for initiating any map amendments required under this section within a reasonable period of time.
Where flood profiles do not exist, the location of the district boundary line shall be determined by the Zoning Administrator using the scale appearing on the map, visual on-site inspection and any available information provided by the Department. Where there is a significant difference between the map and actual field conditions, the map shall be amended. Where a map amendment has been approved by both the municipal governing body and the Department, the Zoning Administrator shall have the authority to grant or deny a land use permit.
Removal of lands from floodplain. Compliance with the provisions of this chapter shall not be grounds for removing lands from the Floodplain District, unless they are removed by filling to a height of at least two feet above the regional flood elevation, the fill is contiguous to land lying outside the Floodplain District, and the map is amended pursuant to Article VIII. To remove flood insurance requirements, FEMA must first revise the Flood Insurance Rate Map or issue a Letter of Map Amendment or Revision.
Compliance. Any development, as defined in § 143-34, or use within the areas regulated by this chapter shall be in full compliance with the terms of this chapter and other applicable local, state, and federal regulations.
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 are exempt when § 30.2022, Wis. Stats., applies.
Abrogation and greater restrictions.
This chapter supersedes all the provisions of any municipal zoning ordinance enacted under §§ 62.23 and 61.35 or 87.30, Wis. Stats., which relate to floodplains except that where another municipal zoning ordinance is more restrictive than the provisions contained in this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, convents or easements. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements liberally construed in favor of the governing body and shall not be deemed a limitation on or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in Ch. NR 116, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Ch. NR 116 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.
Warning and disclaimer of liability. The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Larger floods may occur, or the flood height may be increased by man-made or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this chapter does not imply that areas outside of the delineated floodplain, or permitted land uses within the floodplain, will be totally free from flooding and associated 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.
Annexed areas for cities and villages. The Ozaukee County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all areas annexed by the municipality until the municipality adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code, and the 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.
General development standards. The Village shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this chapter.