§ 100-271. Statutory authorization, finding of fact, statement of purpose, title and general provisions

(a)

Statutory authorization. This ordinance is adopted pursuant to the authorization in W.S.A., §§ 61.35 and 62.23 and the requirements in W.S.A., § 87.30.

(b)

Finding of fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.

(c)

Statement of purpose. This ordinance is intended to regulate floodplain development to:

(1)

Protect life, health and property;

(2)

Minimize expenditures of public funds for flood control projects;

(3)

Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

(4)

Minimize business interruptions and other economic disruptions;

(5)

Minimize damage to public facilities in the floodplain;

(6)

Minimize the occurrence of future flood blight areas in the floodplain;

(7)

Discourage the victimization of unwary land and homebuyers;

(8)

Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

(9)

Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

(d)

Title. This ordinance shall be known as the "Floodplain Districts and Standards for the Village of Mukwonago, Wisconsin".

(e)

General provisions.

(1)

Areas to be regulated. This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the flood insurance rate map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the flood insurance study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional flood elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.

(2)

Official maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the flood insurance study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the flood insurance rate map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process (see section 100-278, amendments) before it is effective. No changes to 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 zoning administrator of the Village of Mukwonago. If more than one map or revision is referenced, the most restrictive information shall apply.

a.

Official maps. Based on the flood insurance study (FIS) volume number 55133CV001C, 55133CV002C and 55133CV003C, dated November 5, 2014, for village lands within Waukesha County, and FIS volume number 55127CV000B for village lands within Walworth County:

1.

Flood insurance rate map (FIRM), panel numbers 55133C0314G, 55133C0318G, 55133C0426G, 55133C0427G and 55133C0431G, dated November 5, 2014, for village lands within Waukesha County.

2.

Waukesha County, Village of Mukwonago; flood storage district map, Panel 11 of 12, dated November 5, 2014, and approved by the Wisconsin Department of Natural Resources.

3.

Zoning map of the Village of Mukwonago, as updated from time to time, on file in the office of the village clerk.

4.

Other studies that may be produced from time to time as approved by the DNR and FEMA.

(3)

Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts as follows:

a.

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 and are contained within AE Zones as shown on the FIRM.

b.

The floodfringe district (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.

c.

The general floodplain district (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM.

d.

The flood storage district (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.

(4)

Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsection (a) or (b) below. If a significant difference exists, the map shall be amended according to section 100-278, 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 and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to section 100-277(d) and the criteria in (a) and (b) 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 section 100-278, amendments.

a.

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.

b.

Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.

(5)

Removal of lands from floodplain. Compliance with the provisions of this ordinance 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 section 100-278, amendments.

(6)

Compliance. Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations.

(7)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if W.S.A., § 13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when W.S.A., § 30.2022, applies.

(8)

Abrogation and greater restrictions.

a.

This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under W.S.A., § 61.35 or § 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.

b.

This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.

(9)

Interpretation. In their interpretation and application, the provisions of this ordinance 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 ordinance, 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 ordinance or in effect on the date of the most recent text amendment to this ordinance. All references to "this ordinance" within division 7 [of chapter 100] of the Village of Mukwonago Municipal Code shall refer only to the requirements of this division 7. Within this division 7, references to other section numbers shall apply to sections and subsections within this division 7 only, unless otherwise noted.

(10)

Warning and disclaimer of liability. The flood protection standards in this ordinance 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 ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance 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 ordinance.

(11)

Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

(12)

Annexed areas. The Waukesha County or Walworth County floodplain zoning provisions, whichever applies, 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 59-72, 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.

(Ord. No. 887, § I, 10-21-14)