Where the County Land Use Planning and Zoning Department, County
Land Use Planning and Zoning Committee or a County Board of Adjustment
has already been appointed to administer a zoning ordinance adopted
under §§ 59.69, 59.692, Wis. Stats., these officials
shall also administer this chapter.
A.
The County Land Use Planning and Zoning Department is authorized
to administer this chapter and shall have the following duties and
powers. It shall:
(1)
Advise applicants of the provisions of this chapter, 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 the provisions
of this chapter and issue certificates of compliance where appropriate.
(3)
Inspect all damaged floodplain structures and perform a substantial
damage assessment 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
for floodplain development.
(c)
Records of water surface profiles, Floodplain Zoning Maps and
ordinances, nonconforming uses and structures, including changes,
appeals, variances and amendments.
(d)
All substantial damage assessment reports for floodplain structures.
(e)
Floodproofing certificates.
(f)
List of nonconforming structures and uses.
(5)
Submit copies of the following items to the Wisconsin Department
of Natural Resources 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 any other information
required by the Wisconsin Department of Natural Resources, including
an annual summary of the number and types of floodplain zoning actions
taken.
(c)
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
(6)
Investigate, prepare reports, and report violations of this chapter
to the County Land Use Planning and Zoning Committee and County Corporation
Counsel for prosecution. Copies of the reports shall also be sent
to the Wisconsin Department of Natural Resources regional office.
(7)
Submit copies of text and map amendments to the Federal Emergency
Management Agency regional office.
B.
Land use permit. A land use permit shall be obtained before any new
development; 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 County Land
Use Planning and Zoning Department shall include:
(2)
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
(a)
The location, dimensions, area and elevation of the lot;
(b)
The location of the ordinary high-water mark of any abutting
navigable waterways;
(c)
The location of any structures with distances measured from
the lot lines and street center lines;
(d)
The location of any existing or proposed private on-site wastewater
treatment system or private water supply system;
(e)
The location and elevation of existing or future access roads;
(f)
The 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);
(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 with the State of Wisconsin.
The study contractor shall be responsible for the technical adequacy
of the study. All studies shall be reviewed and approved by the Wisconsin
Department of Natural Resources.
(a)
Zone A floodplains:
[1]
Hydrology: The appropriate method shall be based on the standards
in Ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
[2]
Hydraulic modeling: The regional flood elevation shall be based
on the standards in Ch. NR 116.07(4), Wis. Admin. 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 WSEL for the
study.
[b]
A minimum four-foot contour data in the overbanks
shall be used for the development of cross section overbank and floodplain
mapping.
[c]
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.
[d]
The most current version of HEC-RAS shall be used.
[e]
A survey of bridge and culvert openings and the
top of road is required at each structure.
[f]
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.
[g]
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.
[h]
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 feet.
[3]
Mapping: A work map of the reach studied shall be provided,
showing all cross sections locations, floodway/floodplain limits based
on best available topographic data, geographic limits of the proposed
development and whether the proposed development is located in a 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 flow 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:
[1]
Hydrology: If the proposed hydrology will change the existing
study, the appropriate method to be used shall be on Ch. NR 116.07(3),
Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood
Discharge.
[2]
Hydraulic model: The regional flood elevation shall be based
on the standards in Ch. NR 116.07(4), Wis. Admin. 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 the 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]
Corrective 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) 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 top widths 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.
[3]
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) projections 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.
(4)
Expiration. All permits issued under the authority of this chapter
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.
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 County Land Use Planning and Zoning
Department, 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 chapter;
(2)
Application for such certificate shall be concurrent with the application
for a land use permit;
(3)
If all provisions of this chapter 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 floodproofing measures meet the requirements of § 300-42.
D.
Other permits. Prior to obtaining a floodplain development land use
permit the applicant must secure all necessary permits from federal,
state, and local agencies, including but not limited to those required
by the United States Army Corps of Engineers under § 404
of the Federal Water Pollution Control Act, Amendments of 1972, 33
U.S.C. § 1344.
The County Board of Adjustment, created under § 59.694,
Wis. Stats., is hereby authorized or shall be appointed to act for
the purposes of this chapter. The County Board of Adjustment shall
exercise the powers conferred by the Wisconsin Statutes and adopt
rules for the conduct of business. The department head for the County
Land Use Planning and Zoning Department may not be the Secretary of
the County Board of Adjustment.
A.
Powers and duties. The County Board of Adjustment shall:
(1)
Hear and decide appeals where it is alleged there is an error in
any order, requirement, decision or determination made by the County
Land Use Planning and Zoning Department in the enforcement or administration
of this chapter.
(2)
Hear and decide disputes concerning the district boundaries shown
on the Official Floodplain Zoning Map.
(3)
Hear and decide, upon appeal, variances from the standards of this
chapter.
B.
Appeals to the County Board of Adjustment.
(1)
Appeals to the County Board of Adjustment may be taken by any person
aggrieved or by any officer or department of Green Lake County affected
by any decision of the County Land Use Planning and Zoning Department.
Such appeal shall be taken within 30 days, unless otherwise provided
by the rules of the County Board of Adjustment, by filing with the
official whose decision is in question and with the County Board of
Adjustment a notice of appeal specifying the reasons for the appeal.
The official whose decision is in question shall transmit to the County
Board of Adjustment all records regarding the matter appealed.
(2)
Notice and hearing for appeals, including variances.
(a)
Notice. The County Board of Adjustment shall:
[1]
Fix a reasonable time for the hearing.
[2]
Publish adequate notice pursuant to the Wisconsin Statutes,
specifying the date, time, place and subject of the hearing.
[3]
Assure that notice shall be mailed to the parties in interest
and the Wisconsin Department of Natural Resources regional office
at least 10 days in advance of the hearing.
(3)
Decision. The final decision regarding the appeal or variance application
shall:
(a)
Be made within a reasonable time.
(b)
Be sent to the Wisconsin Department of Natural Resources regional
office within 10 days of the decision.
(c)
Be a written determination signed by the Chair or Secretary
of the County Board of Adjustment.
(d)
State the specific facts that are the basis for the County Board
of Adjustment'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 County Board of Adjustment proceedings.
C.
Boundary disputes. The following procedure shall be used by the County
Board of Adjustment 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. If none exist, other evidence may
be examined.
(2)
In all cases, the person contesting the boundary location shall be
given a reasonable opportunity to present arguments and technical
evidence to the County Board of Adjustment.
D.
Variances.
(1)
The County Board of Adjustment may, upon appeal, grant a variance
from the standards of this chapter if an applicant convincingly demonstrates
that:
(a)
Literal enforcement of the provisions of this chapter will cause
unnecessary hardship;
(b)
The hardship is due to adoption of this chapter and unique property
conditions not common to adjacent lots or premises. In such case,
this chapter or the map must be amended;
(c)
The variance is not contrary to the public interest; and
(2)
In addition to the criteria in Subsection D(1) above, to qualify for a variance under Federal Emergency Management Agency regulations, the following criteria must be met:
(a)
The variance may not cause any increase in the regional flood
elevation.
(b)
Variances can only be granted for land areas that are less than
1/2 acre and are contiguous to existing structures constructed below
the regional flood elevation.
(c)
Variances shall only be granted upon a showing of good and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safety or nuisances, shall not increase costs for
rescue and relief efforts and shall not be contrary to the purpose
of this chapter.
(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 that would preclude its continued designation as an historic structure.
(4)
When a floodplain variance is granted, the County Board of Adjustment
shall notify the applicant in writing that it may increase risks to
life and property and flood insurance premiums up to $25 per $100
of coverage. A copy shall be maintained with the variance record.
A.
The County Land Use Planning and Zoning Committee or County Board
of Adjustment shall review all data related to the appeal. This may
include:
(3)
Data listed in § 300-25A(2) where the applicant has not submitted this information to the County Land Use Planning and Zoning Department.
(4)
Other data submitted with the application or submitted to the County
Board of Adjustment with the appeal.
C.
For appeals concerning increases in regional flood elevation, the
County Board of Adjustment shall:
(1)
Uphold the denial where the County Board of Adjustment 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 Article IX, Amendments.
(2)
Grant the appeal where the County Board of Adjustment agrees that
the data properly demonstrates that the project does not cause an
increase provided that 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 the flood-protection elevation and
submits a FEMA floodproofing certificate.
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)
Meets or exceeds 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 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; and
(4)
Minimize or eliminate infiltration of floodwaters; and
(5)
Minimize or eliminate discharges into floodwaters.
D.
Floodproofing measures could include:
(1)
Reinforcing walls and floors to resist rupture or collapse caused
by water pressure or floating debris.
(2)
Adding mass or weight to prevent flotation.
(3)
Placing essential utilities above the flood-protection elevation.
(4)
Installing surface or subsurface drainage systems to relieve foundation
wall and basement floor pressures.
(5)
Constructing water supply wells and waste treatment systems to prevent
the entry of floodwaters.
(6)
Putting cutoff valves on sewer lines or eliminating gravity flow
basement drains.