HomeMy WebLinkAboutOrdinance 2005 (711) AMENDMENT TO ST. CROIX COUNTY CODE OF ORDINANCES:
AMENDMENT TO SECTION 17.40, FLOODPLAIN DISTRICT
AND ASSOCIATED AMENDMENTS TO
SECTION 17.09, DEFINITIONS, 17.70, ADMINISTRATION AND ENFORCEMENT,
AND SECTION 17.72, AMENDMENTS
Ordinance No. I I � Z UbS
St. Croix County, Wisconsin
The St. Croix County Board of Supervisors does ordain as follows:
WHEREAS, Section 17.40, Floodplain District, St. Croix County Code of Ordinances, needs to
be updated to conform to current governing state statutes and administrative codes.
THEREFORE, Section 17.40, Floodplain District, of Chapter 17 of the St. Croix County Code of
Ordinances is hereby repealed and the attached "County Board Draft" of Section 17.40, dated
September 20, 2005 is hereby enacted as Section 17.40, St. Croix County Floodplain Overlay
District, of Chapter 17 of the St. Croix County Code of Ordinances; and
THEREFORE, Section 17.09, Definitions, Section 17.70 Administration and Enforcement and
Section 17.72, Amendments, of Chapter 17 of the St. Croix County Code of Ordinances are
hereby amended in conformance with the attached "County Board Draft" dated September 15,
2005.
Offered by the Planning and Zoning Committee on September 15, 2005.
NEGATIVE AFFIRMATIVE
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R viewe qn a2 , 2005.
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Greg T41nerman, Corporation Counsel
Duly adopted on September 15, 2005.
Cindy Campbell, County Clerk
ST. CROIX COUNTY
CODE OF ORDINANCES
LAND USE AND
DEVELOPMENT
SUBCHAPTER IV
SECTION 17.40
FLOODPLAIN OVERLAY
DISTRICT
ENACTED SEPTEMBER 30 , 2005
ST. CROIX COUNTY PLANNING AND ZONING DEPARTMENT
GOVERNMENT CENTER
1101 CARMICHAEL ROAD
xwson, wl wmrs
-386 -4686 FAX
September 30, 2005 17.4 Table of Contents
17.40 TABLE OF CONTENTS
A. General Provisions 1
1 . Title ........................................................................................................ ..............................1
2. Authority ................................................................................................ ..............................1
3. Effective Date ........................................................................................ ..............................1
4. Findings of Fact ..................................................................................... ..............................1
5. Purpose ................................................................................................... ..............................1
6. Applicability .......................................................................................... ..............................2
7. Compliance ............................................................................................ ..............................2
8. Warning and Disclaimer ........................................................................ ..............................2
B. Official Maps 3
1. Official Maps Based on Flood Insurance Study .................................... ..............................3
2. Official Maps Based on Other Studies ................................................... ..............................3
C. Establishment of Districts 4
1. General Floodplain District ( GFP) ......................................................... ..............................4
2. Floodway District ( FW) ......................................................................... ..............................4
3. Floodfringe District ( FF) ........................................................................ ..............................4
4. District Boundaries ................................................................................ ..............................4
D. Standards Applicable To All Floodplain Districts 4
1 . Hydraulic Standards ............................................................................... ..............................4
2. New Construction and Land Division .................................................... ..............................5
3. Watercourse Alterations ......................................................................... ..............................5
4. Wisconsin Statutes, Chapter 30, 31, Development ................................ ..............................6
5. Floodproofing ........................................................................................ ..............................6
E. General Floodplain District (GFP) 6
1 . Applicability .......................................................................................... ..............................6
2. Permitted Uses and Development Standards ......................................... ..............................6
3. Determining RFE, FW and FF Limits ................................................... ..............................7
F. Floodway District (FW) 7
1 . Applicability .......................................................................................... ..............................7
2. Permitted Uses ....................................................................................... ..............................7
3. Standards for Development .................................................................... ..............................8
4. Prohibited Uses ...................................................................................... ..............................9
G. Floodfringe District (FF) 10
1 . Applicability ......................................................................................... .............................10
2. Permitted Uses ...................................................................................... .............................10
3. Standards For Development .................................................................. .............................10
4. Prohibited Uses ..................................................................................... .............................12
H. Nonconforming Uses and Structures 12
1 . General Standards ................................................................................. .............................12
2. Floodway ............................................................................................... .............................13
3. Floodfringe ............................................................................................ .............................14
I
St. Croix County Floodplain Overlay District 17.4 -i
17.4 Table of Contents September 30, 2005
I. Administration 14
1 . Zoning Administrator ............................................................................ .............................14
2. Land Use Permit ................................................................................... .............................15
3. Certificate of Compliance ..................................................................... .............................16
4. Other Permits ........................................................................................ .............................16
5. Public Information ................................................................................ .............................16
6. Variances ............................................................................................... .............................16
7. Expiration .............................................................................................. .............................17
8. Map Amendments, Removal of Land from the Floodplain .................. .............................17
i
17.4 -ii St. Croix County Floodplain Overlay District
September 30, 2005 17.4 A. General Provisions
ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT
SUBCHAPTER IV, SECTION 17.40
ST. CROIX COUNTY FLOODPLAIN OVERLAY DISTRICT
The Board of Supervisors of St. Croix County, Wisconsin, does ordain as follows;
Repeal Ch. 17.40 and recreate as follows:
A. GENERAL PROVISIONS
1. TITLE
a. This subchapter shall be cited as the "St. Croix County Floodplain Overlay District"
and is herein after referred to as the Floodplain District.
2. AUTHORITY
a. The provisions of the Floodplain District are authorized by Wisconsin Statutes § §
59.69, 59.692, 59.694 and 87.30 and Wisconsin Administrative Code Chapter NRl 16
(NR 116).
b. Any mandatory amendments or repeals or recreations to the statutes pertaining to the
subject matter of this ordinance are incorporated into this ordinance as of the effective
date of amendment, repeal or recreation.
3. EFFECTIVE DATE
a. This ordinance shall be effective on September 30, 2005. Ordinance No. 711/(2005).
4. FINDINGS OF FACT
a. The St. Croix County Board of Supervisors finds that the uncontrolled use of the
floodplains adversely affects the public health, safety, convenience, general welfare,
land values and tax base of St. Croix County.
b. In addition, substantial public expenditures may be required for the protection, rescue
and relief of persons and property in areas subject to periodic flooding.
c. Uncontrolled filling and construction have been determined to be the major causes of
adverse effects.
d. The effects of a single fill or other single project upon flood heights, velocities, or
floodplain storage areas may be relatively insignificant, but the combined effects of a
number of such projects may drastically increase the potential for injury or damage
from flooding. Without a thorough analysis of proposed development it is not possible
to adequately assess impacts.
5. PURPOSE
a. The purpose of this ordinance is to promote and protect public health, environment,
safety and general welfare and to further the maintenance of safe and healthful
conditions for the people and communities within the County.
b. Protect life, health and property.
St. Croix County Floodplain Overlay District 17.4 -1
17.4 Genera( Provisions September 30, 2005
c. Minimize expenditures of public funds for flood control projects.
d. Minimize development in a floodplain which would obstruct flood flows and decrease j
the storage capacity of the floodplain.
e. Minimize rescue and relief efforts undertaken at the expense of the taxpayers.
f. Minimize business interruptions and other economic disruptions.
g. Minimize damage to public facilities.
h. Broadening the property tax base of the County by enhancing property values.
i. Discourage the victimization of unwary home and land buyers.
j. Prevent conflicts between neighbors.
k. Minimize the occurrence of future flood blight areas in the floodplain.
1. Prevent increases in flood heights that could increase flood damage and result in
conflicts between property owners.
m. Discourage development in a floodplain if there is any practicable alternative to locate
the activity, use or structure outside of the floodplain.
6. APPLICABILITY
a. The Floodplain District is an overlay zoning district and applies in addition to other
zoning regulations found in Chapter 17 to all unincorporated areas within St. Croix
County meeting the definition of a floodplain.
1) If any provision of this subchapter conflicts with any provision of Chapter 17, the
more restrictive provision shall apply.
b. The Floodplain District regulates all areas that would be covered by the base flood or
regional flood.
1) Base flood elevations (BFE) are derived from the flood profiles in the Flood
Insurance Study (FIS). Areas covered by the base flood are identified as A Zones
on the Flood Insurance Rate Map (FIRM).
2) Regional flood elevations (RFE) may be derived from other studies per § 17.40
E.3.
7. COMPLIANCE
a. 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.
b. All St. Croix County government agencies are required to comply with this ordinance
and obtain all necessary permits. State agencies are required to comply if Wisconsin
Statutes § 13.48(13) applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation is
exempt when Wisconsin Statutes § 30.2022 applies.
S. WARNING AND DISCLAIMER
a. The flood protection standards in this ordinance 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.
b. This ordinance does not imply or guarantee that non - floodplain areas or permitted
floodplain uses will be free from flooding and flood damages.
17.4 -2 St. Croix County Floodplain Overlay District
September 30, 2005 17.4 B. Official Maps
c. Nor does this ordinance create liability on the part of, or a cause of action against, St.
Croix County or any officer or employee thereof for any flood damage that may result
from reliance on this ordinance.
B. OFFICIAL MAPS
1. OFFICIAL MAPS BASED ON FLOOD INSURANCE STUDY
a. Flood Insurance Rate Maps (FIRM) and Flood Hazard Boundary Map (FHBM), H &I
01 through 44, March 26, 1976 and as amended through a letter of map revision dated
April 6, 1987, map panels H &I 13, 20, 21, 27, 33 and 39.
b. St. Croix River: February 13, 1987, Letter of Map Revision (LOMR), Map Panels 01 -P
and 02 -P, Based on 1982 FIS for Washington County, MN.
c. All Letters of Map Amendment or Revisions (LOMAs, LOMRs) approved by FEMA
within St. Croix County, Wisconsin.
2. OFFICIAL MAPS BASED ON OTHER STUDIES
a. Dam Hazard Assessment, Glen Hills Structure 1, Ayers Associates, January 1999.
Effective map and profile is the hydraulic shadow for the 100 -year event with dam
failure.
b. Dam Hazard Assessment, Glen Hills Structure 2, Ayers Associates, January 1999.
Effective map and profile is the hydraulic shadow for the 100 -year event with dam
failure.
c. Dam Hazard Assessment, Glen Hills Structure 3, Ayers Associates, January 1999.
Effective map and profile is the hydraulic shadow for the 100 -year event with dam
failure.
d. Dam Hazard Assessment, Glen Hills Structure 7, Ayers Associates, March 1999.
Effective map and profile is the hydraulic shadow for the 100 -year event with dam
failure.
e. Dam Hazard Assessment, Glen Hills Structure 8, Ayers Associates, March 1999.
Effective map and profile is the hydraulic shadow for the 100 -year event with dam
failure.
f. Dam Hazard Assessment, Glen Hills Structure 11, Ayers Associates, January 1999.
Effective map and profile is the hydraulic shadow for the 100 -year event with dam
failure.
g. Emergency Action Plan, Glen Hills Structure 4, Mead & Hunt, Inc., July 1990.
Effective map and profile is the hydraulic shadow for the 100 -year event with dam
failure.
h. Flood Plain Management Study, Glenwood City, Village of Downing, Village of
Boyceville, Dunn & St. Croix Counties, Wisconsin, USDA Soil Conservation Service
in Cooperation with Dunn County, Wisconsin and St. Croix County, Wisconsin, April
1984. Effective profiles include Glen Hills Structures 5, 6 and 10 in place with no
failure.
i. Type 10 Flood Insurance Study (FIS), Owen Ayers and Associates, Inc., January 1973.
UNNERMEMMOMMM a111111111111
St. Croix County Floodplain Overlay District 17.4 -3
17.4 C. Establishment of Districts September 30, 2005
C. ESTABLISHMENT OF DISTRICTS
I. GENERAL FLOODPLAIN DISTRICT (GFP)
a. Those areas that have been or may be covered by floodwater during the regional flood
and do not have a delineated Floodway or Floodfringe.
2. FLOODWAY DISTRICT (FW)
a. That portion of the Floodplain District that includes the channel of a river or stream and
those portions of the floodplain adjoining the channel required to carry the regional
floodwaters.
3. FLOODFRINGE DISTRICT (FF)
a. That portion of the Floodplain District between the limits of the regional flood and the
limits of the floodway.
4. DISTRICT BOUNDARIES
a. The boundaries of all floodplain districts are designated as floodplains or A Zones on
the maps listed in § 17.40 B. above. 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 Wisconsin Department of Natural Resources (WI DNR)
and FEMA before it is effective.
b. Maps and revisions are on file in the office of the Zoning Administrator. If more than
one map or revision is referenced, the most current approved information shall apply.
c. Discrepancies between boundaries on the official floodplain zoning map and actual
field conditions shall be resolved using the criteria in e. or f. below.
d. The Zoning Administrator can rely on a boundary derived from a profile elevation to
grant or deny a land use permit. The Zoning Administrator shall be responsible for
documenting actual pre - development field conditions and the basis upon which the
district boundary was determined.
e. 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.
f. Where flood profiles do not exist, the location of the boundary shall be determined
consistent with § 17.40 E.3., General Floodplain District.
D. STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
1. HYDRAULIC STANDARDS
a. Except as allowed in b. below, no floodplain development shall:
1) Obstruct flow, defined as development which blocks the conveyance of
floodwaters by itself or with other development, increasing regional flood height
which equals or exceeds 0.01 foot; or
2) Increase regional flood height due to floodplain storage area lost, which equals or
exceeds 0.01 foot.
b. Applicants shall provide the following data to determine the effects of the proposal:
1) A cross - section elevation view of the proposal, perpendicular to the watercourse,
showing if the proposed development will obstruct flow; or
17.4 -4 St. Croix County Floodplain Overlay District
September 30, 2005 17.4 D. District Standards
2) An analysis calculating the effects of this proposal on regional flood height.
c. The Zoning Administrator shall deny permits if it is determined the proposed
development will obstruct flow or increase regional flood heights 0.01 foot or more,
based on the officially adopted Flood Insurance Rate Map, other adopted map,
information submitted by the applicant consistent with § 17.40 E.3., or unless allowed
by d. below.
d. Obstructions or increases equal to or greater than 0.01 foot may only be permitted if
amendments are made to this ordinance, the official floodplain zoning maps, floodway
lines and water surface profiles, in accordance with § 17.40 I.8.
2. NEW CONSTRUCTION AND LAND DIVISION
a. The Zoning Administrator shall review all land use permits and land division
applications to determine whether proposed building sites will be reasonably safe from
flooding.
b. Except where allowed by this ordinance, the lowest floor of all new construction and
substantial improvements shall be located on fill to an elevation of 2 feet above the
regional flood elevation.
c. Any structures to be constructed at or below the regional flood elevation must:
1) Be designed or modified, and adequately anchored, to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads.
2) Be constructed with materials resistant to flood damage.
3) Be constructed by methods and practices that minimize flood damages.
4) 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.
d. All proposed land divisions and manufactured or mobile home parks shall include
regional flood elevation and floodway data.
3. WATERCOURSE ALTERATIONS
a. The alteration or relocation of a watercourse on an official mapped floodplain area is
prohibited unless the applicant has received all permits and approvals from the Zoning
Administrator, WI DNR, FEMA and all other applicable local, state or federal
authorities.
b. The flood carrying capacity of any altered or relocated watercourse shall be maintained.
c. The Zoning Administrator may determine that the applicant must obtain conditional
approval from FEMA (CLOMA, CLOMR) prior to approving a watercourse relocation
or alteration.
d. As soon as is practicable, but not later than six months after the date of a watercourse
alteration or relocation, the applicant shall submit to the Zoning Administrator and
FEMA appropriate technical or scientific data in accordance with National Flood
Insurance Program guidelines that shall be used to revise the flood insurance rate map,
risk premium rates and floodplain management regulations as required.
St. Croix County Floodplain Overlay District 17.4 -5
17.4 D. District Standards September 30, 2005
4. WISCONSIN STATUTES, CHAPTER 30, 31, DEVELOPMENT
a. Development which requires a permit from the WI DNR, under Wisconsin Statutes 30
and 31, such as docks, piers, wharves, bridges, culverts, dams and navigational aids,
may be allowed if the necessary permits are obtained and amendments to the floodway
lines, water surface profiles, base flood elevations established in the Flood Insurance
Study, or other data from the officially adopted flood insurance rate map, or other
floodplain zoning maps or the floodplain zoning ordinance are made.
5. FLOODPROOFING
a. No permit or variance shall be issued 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.
b. Floodproofing measures shall meet or exceed the applicable FEMA Technical Bulletin
standards.
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.
4) Insure that structural walls and floors are watertight to the flood protection
elevation, and the interior remains completely dry during flooding without human
intervention.
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 flood waters.
6) Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.
E. GENERAL FLOODPLAIN DISTRICT (GFP)
1. APPLICABILITY
a. The provisions for this district shall apply to all floodplains for which flood profiles are
not available or where flood profiles are available but floodways have not been
delineated. Floodway and floodfringe districts shall be delineated as required in this
section.
2. PERMITTED USES AND DEVELOPMENT STANDARDS
a. Pursuant to § 17.40 E.3., it shall be determined whether the proposed use is located
within a floodway or floodfringe area.
r
17.4 -6 St. Croix County Floodplain Overlay District
September 30, 2005 17.4 E. Floodplain District
b. Those uses permitted in floodway (§ 17.40 F.2.) and floodfringe areas (§ 17.40 G.2.)
are allowed within the general floodplain district, according to the standards of § 17.40
F.3. (floodway) and § 17.40 G.3. ( floodfringe), provided that all permits or certificates
required under § 17.40 I. have been issued.
3. DETERMINING RFE, FW AND FF LIMITS
a. Applicant shall submit information prepared by a registered professional engineer
adequate to determine the regional flood elevation, the effects of the proposed
development on flood elevations and velocities, and the limits of the floodway and
floodfringe.
1) Information shall include but is not limited to:
a) Two copies of an aerial photograph or a plan which shows the proposed
development with respect to the general floodplain district limits, stream
channel, and existing floodplain developments.
b) A legal description of the property.
c) A typical valley cross- section showing the stream channel, the floodplain
adjoining each side of the channel, the cross - sectional area to be occupied by
the proposed development, and all historic high water information.
d) Plans (surface view) showing all existing and proposed elevations or contours
of the ground; the location, size and lowest floor elevation of all proposed and
existing structures on the site; the location and elevations of streets, water
supply, and sanitary facilities; soil types and other information deemed
pertinent by the Zoning Administrator.
e) Profile showing the slope of the bottom of the channel or flow line of the
stream.
f) Specifications for building construction and materials, floodproofing, filling,
dredging, channel improvement, storage, water supply and sanitary facilities.
g) Where the provisions of § 17.401.2.a.4) apply, the applicant shall provide all
required information and computations to delineate floodway boundaries and
the effects of the project on flood elevations.
b. The Zoning Administrator may submit a copy of the information described in a. and b.
above to the WI DNR regional office along with a written request for technical
assistance to establish or confirm the regional flood elevations and floodway data.
F. FLOODWAY DISTRICT (FW)
1. APPLICABILITY
a. This section applies to all floodway areas identified on the floodplain zoning maps and
those identified pursuant to § 17.40 E.3.
2. PERMITTED USES
a. The following open space uses are allowed in the floodway district and the floodway
areas of the general floodplain district, if they are not prohibited by any other
ordinance, they meet the standards in §§ 17.40 F.3. and 17.40 F.4. and all permits have
been issued according to § 17.40 F.3.d.
1) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture,
viticulture and wild crop harvesting.
St. Croix County Floodplain Overlay District 17.4 -7
17.4 F. Floodway District September 30, 2005
2) Nonstructural industrial and commercial uses, such as loading areas, parking areas
and airport landing strips.
3) Nonstructural recreational uses, such as golf courses, archery ranges, picnic
grounds, boat ramps, swimming beach, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing
areas and hiking and horseback riding trails, subject to the fill limitations of §
17.40 F.3.d.
4) Extraction of sand, gravel or other materials that comply with § 17.40 F.3.d.
5) Functionally water - dependent uses, such as docks, piers or wharves, dams,
flowage areas, culverts, navigational aids and river crossings of transmission
lines, and pipelines that comply with Wisconsin Statute Chapters 30 and 31.
6) Public utilities, streets and bridges that comply with § 17.40 F.3.c.
7) Public or Private Campgrounds
3. STANDARDS FOR DEVELOPMENT
a. Any development in the floodway shall comply with § 17.40 D. and have a low flood
damage potential
b. Structures accessory to permanent open space uses and structures classified as historic
are allowed by a land use permit if the following standards are met:
1) The structure is not designed for human habitation.
2) The structure is anchored to resist flotation, collapse, and lateral movement.
3) Portions of the structure located below the Flood Protection Elevation must be
constructed of flood resistant materials.
4) The structure must be designed to allow for the automatic entry of flood waters.
5) Mechanical and utility equipment must be elevated or flood proofed at or above
the Flood Protection Elevation consistent with § 17.40 D.5.
6) The structure must not obstruct flow of flood waters or cause any increase in
flood levels during the occurrence of the Regional Flood.
7) Use of the structure must be limited to parking and /or limited storage.
c. Public utilities, streets and bridges are allowed by a land use permit if floodproofing
measures are provided to the flood protection elevation.
d. Fills or deposition of materials are allowed by a land use permit if the following
standards are met:
1) No material is deposited in the navigable channel unless a permit is issued by the
WI DNR pursuant to Wisconsin Statute Chapter 30, and a permit pursuant to §
404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C.
1344 has been issued, if applicable, and the other requirements of this section are
met.
2) The fill or other materials will be protected against erosion by riprap, vegetative
cover, sheet piling or bulkheading.
3) The fill is not classified as a solid or hazardous waste material.
e. Public or private campgrounds are allowed by a land use permit if the following
standards are met:
1) The campground is approved by the WI Department of Health and Family
Services.
f
17.4-8 St. Croix County Floodplain Overlay District
September 30, 2005 17.4 F. Floodway District
2) The character of the river system and the elevation of the campground are such
that a 72 -hour warning of an impending flood can be given to all campground
occupants.
3) There is an adequate flood warning procedure for the campground that offers the
minimum notice required under this section to all persons in the campground.
This procedure shall include a written agreement between the campground owner,
the municipal emergency government coordinator and the chief law enforcement
official which specifies the flood elevation at which evacuation shall occur,
personnel responsible for monitoring flood elevations, types of warning systems
to be used and the procedures for notifying at -risk parties, and the methods and
personnel responsible for conducting the evacuation.
4) This agreement shall be for no more than one calendar year, at which time the
agreement shall be reviewed and updated - by the officials identified in d) above -
to remain in compliance with all applicable regulations, including those of the WI
Department of Health and Family Services and all other applicable regulations.
5) Only camping units are allowed.
6) The camping units may not occupy any site in the campground for more than 180
consecutive days, at which time the camping unit must be removed from the
floodplain for a minimum of 24 hours.
7) All camping units that remain on site for more than 30 days shall be issued a
limited authorization by the campground operator, a written copy of which is kept
on file at the campground. Such authorization shall allow placement of a camping
unit for a period not to exceed 180 days and shall ensure compliance with all the
provisions of this section.
8) The municipality shall monitor the limited authorizations issued by the
campground operator to assure compliance with the terms of this section.
9) All camping units that remain in place for more than 180 consecutive days must
meet the applicable requirements in §§ 17.40 F. or G. for the district in which the
structure is located.
10) The campground shall have signs clearly posted at all entrances warning of the
flood hazard and the procedures for evacuation when a flood warning is issued.
11) All service facilities, including but not limited to refuse collection, electrical
service, natural gas lines, propane tanks, wastewater treatment systems and wells
shall be properly anchored and placed at or floodproofed to the flood protection
elevation.
4. PROHIBITED USES
a. All uses not listed as permitted uses in § 17.40 F.2. are prohibited, including the
following uses:
1) Habitable structures, structures with high flood damage potential, or those not
associated with permanent open -space uses.
2) Storing materials that are buoyant, flammable, explosive, injurious to property,
water quality, or human, animal, plant, fish or other aquatic life.
3) Uses not in harmony with or detrimental to uses permitted in the adjoining
districts.
17.4 -9
St Croix County Floodplarn Overlay District
17.4 F. Floodway District September 30, 2005
4) Any private or public wastewater treatment systems, except portable latrines that
are removed prior to flooding and systems associated with recreational areas and
WI DNR approved campgrounds that meet the applicable provisions of Chapter
17 and Wisconsin Department of Commerce Administrative Code Comm 83.
5) Any public or private wells that are used to obtain potable water except those for
recreational areas that meet the requirements of WI DNR Administrative Code
Chapters NR 811 and NR 812.
6) Any solid or hazardous waste disposal sites.
7) Any wastewater treatment ponds or facilities, except those permitted under § NR
110.15(3)(b).
8) Any sanitary sewer or water supply lines, except those to service existing or
proposed development located outside the floodway, which complies with the
regulations for the floodplain area occupied by the development.
G. FLOODFRINGE DISTRICT (FF)
1. APPLICABILITY
a. This section applies to all floodfringe areas shown on the floodplain zoning maps and
those identified pursuant to § 17.40 E.3.
2. PERMITTED USES
a. Any structure, land use, or development is allowed in the floodfringe district with a
land use permit if the standards in § 17.40 G.3. are met, the use is not prohibited by this
subchapter or any other ordinance or regulation and all permits or certificates specified
in § 17.401. have been issued.
b. All permitted uses in the floodway district (§ 17.40 F.3.) are allowed with a land use
permit in the floodfringe district.
3. STANDARDS FOR DEVELOPMENT
a. All of the provisions of § 17.40 D.1. shall apply. In addition, the following
requirements shall apply according to the use requested.
b. Any habitable structure, including a manufactured or mobile home, which is to be
erected, constructed, reconstructed, altered, or moved into the floodfringe area for
residential use, shall meet or exceed the following standards:
1) The elevation of the lowest floor, excluding the basement or crawlway, shall be 2
feet or more above the regional flood elevation on fill. The fill shall be one foot
or more above the regional flood elevation extending at least 15 feet beyond the
limits of the structure. Other floodproofing measures may be approved if the
elevations of existing streets or sewer lines makes compliance impractical and the
Board of Adjustment grants a variance consistent with flood proofing standards in
§ 17.40 D.5.
2) The basement or crawlway floor may be placed at the base flood elevation if it is
floodproofed to the 2 feet above the regional flood elevation. No basement or
crawlway floor is allowed below the regional flood elevation;
3) Contiguous dryland access shall be provided from a structure to land outside of
the floodplain, except as provided in 4) below.
17.4 -10 St. Croix County Floodplain Overlay District
September 30, 2005 17.4 G. Floodfringe District
4) In developments where existing street or sewer line elevations make compliance
with 3) above impractical, the municipality may permit new development and
substantial improvements where access roads are at or below the regional flood
elevation, i£
a) The municipality has written assurance from police, fire and emergency
services that rescue and relief will be provided to the structure(s) by wheeled
vehicles during a regional flood event; or
b) The municipality has a natural disaster plan approved by Wisconsin
Emergency Management and the WI DNR.
c. An accessory structure not connected to a principal structure may be constructed with
its lowest floor at or above the Regional Flood Elevation. An accessory structure which
is not connected to the principal structure and which is less than 600 square feet in size
and valued at less than $10,000 may be constructed with its lowest floor no more than
two feet below the Regional Flood Elevation provided that it is subject to flood
velocities of no more than two feet per second and that it meets all of the provisions of
§ 17.40 F.3.b. and § 17.40 G.31
d. Any commercial structure which is erected, altered or moved into the floodfringe area
shall meet the requirements of § 17.40 G.3.b. Subject to the requirements of f. below,
storage yards, surface parking lots and other such uses may be placed at lower
elevations if an adequate warning system exists to protect life and property.
e. Any manufacturing or industrial structure which is erected, altered or moved into the
floodfringe area shall be protected to the flood protection elevation using fill, levees,
floodwalls, or other flood proofing measures in § 17.40 D.S. Subject to the
requirements of f. below, storage yards, surface parking lots and other such uses may be
placed at lower elevations if an adequate warning system exists to protect life and
property.
f. Materials that are buoyant, flammable, explosive, or injurious to property, water quality
or human, animal, plant, fish or aquatic life shall be stored at or above the flood
protection elevation or floodproofed in compliance with § 17.40 D.S. Adequate
measures shall be taken to ensure that such materials will not enter the water body
during flooding.
g. All utilities, streets and bridges shall be designed to be compatible with comprehensive
floodplain development plans and meet the following standards:
1) When failure of public utilities, streets and bridges would endanger public health
or safety, or where such facilities are deemed essential, construction of and
substantial improvements to such facilities may only be permitted if they are
floodproofed in compliance with § 17.40 D.S. to the flood protection elevation.
2) Minor roads or nonessential utilities may be constructed at lower elevations if
they are designed to withstand flood forces to the regional flood elevation.
h. All on- wastewater treatment disposal systems shall be floodproofed, pursuant to §
17.40 D.S., to the flood protection elevation and shall meet the provisions of all local
ordinances and Comm 83.
i. All wells shall be floodproofed, pursuant to § 17.40 D.S., to the flood protection
elevation and shall meet the provisions of NR 811 and NR 812.
j. Any deposited material must meet all the provisions of this subchapter.
k. Manufactured or mobile homes are allowed if the following standards are met:
St. Croix County Floodplain Overlay District 17.4 -11
17.4 G. Floodfringe District September 30, 2005 '
1) Owners or operators of manufactured or mobile home parks and subdivisions
shall provide adequate surface drainage to minimize flood damage.
2) Owners or operators of manufactured or mobile home parks shall submit an
evacuation plan indicating vehicular access and escape routes.
3) In existing manufactured or mobile home parks, all new homes, replacement
homes on existing pads, and substantially improved homes shall:
a) Have the lowest floor elevated to the flood protection elevation; and
b) Be anchored so they do not float, collapse or move laterally during a flood.
4) Outside of existing manufactured or mobile home parks, including new
manufactured or mobile home parks and all single units outside of existing parks,
all new, replacement and substantially improved manufactured or mobile homes
shall meet the residential development standards for the floodfringe in § 17.40
G.3.b.
1. Mobile recreational vehicles on the site for fewer than 180 consecutive days or more
are allowed if the following standards are met
1) Be fully licensed and ready for highway use, or
2) Meet the requirements in § 17.40 G.31.3) and 17.40 G.31.4) for new
construction, including anchoring and elevation requirements for manufactured or
mobile homes.
3) A mobile recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick - disconnect utilities and
security devices and has no permanently attached additions.
m. All public or private campgrounds shall meet the standards in § 17.40 F.3.e.
1) All camping units that remain in p lace for more than 180 consecutive days must
meet the applicable requirements in § 17.40 G.3.b.
4. PROHIBITED USES
a. All uses not listed as permitted uses in § 17.40 G.2. are prohibited, including disposal
of solid or hazardous waste is prohibited in floodfringe areas.
H. NONCONFORMING USES AND STRUCTURES
1. GENERAL STANDARDS
a. These standards shall apply to all modifications or additions to any nonconforming use
or structure and to the use of any structure or premises which was lawful before the
passage of this subchapter or any amendment thereto.
b. The existing lawful use of a structure or its accessory use which is not in conformity
with the provisions of this subchapter may continue subject to the following conditions:
1) No modifications or additions to a nonconforming use or structure shall be
permitted unless they comply with this subchapter.
2) The construction of a deck that does not exceed 200 square feet and that is
adjacent to the exterior wall of a principal structure is not an extension,
modification or addition. The roof of the structure may extend over a portion of
the deck in order to provide safe ingress and egress to the principal structure.
17.4 -12 St. Croix County Floodplain Overlay District
September 30, 2005 17.4 H. Nonconforming
3) If a nonconforming use or the use of a nonconforming structure is discontinued
for 12 consecutive months, it is no longer permitted and any future use of the
property, and any structure or building thereon, shall conform to the applicable
requirements of this ordinance.
4) The County shall keep a record of all nonconforming uses and nonconforming
structures that have been permitted, reviewed or approved. The record shall
identify present equalized assessed value, the cost of all modifications or
additions which have been permitted, and the percentage of the structure's total
current value those modifications represent.
5) All additions to nonconforming structures must be elevated on fill to the flood
protection elevation, consistent with §§ 17.40 F. and G., or where allowed,
floodproofed consistent with § 17.40 D.5.
6) No modification or addition to any nonconforming structure or any structure with
a nonconforming use, which over the life of the structure would exceed 50% of its
present equalized assessed value, shall be allowed unless the entire structure is
permanently changed to a conforming structure with a conforming use in
compliance with the applicable requirements of this ordinance to include:
a) Contiguous dry land access must be provided for residential and commercial
uses in compliance with § 17.40 G.3.b.3).
b) The costs of elevating a nonconforming building or a building with a
nonconforming use to the flood protection elevation are excluded from the
50% provisions this paragraph.
7) Except as provided in 8) below, if any nonconforming structure or any structure
with a nonconforming use is destroyed or is substantially damaged, it cannot be
replaced, reconstructed or rebuilt unless the use and the structure meet the
requirements of this subchapter.
8) For nonconforming buildings that are damaged or destroyed by a nonflood
disaster, repair or reconstruction may be permitted provided the structures are
elevated on fill to the flood protection elevation, consistent with §§ 17.40 F. and
G., or where allowed, floodproofed consistent with § 17.40 D.5.
9) A nonconforming historic structure may be altered if the alteration will not
preclude the structure's continued designation as a historic structure, the alteration
will comply with § 17.40 F.3.a. and 17.40 F.3.b., flood resistant materials are
used, and construction practices and floodproofing methods that comply with §
17.40 D.5. are used.
2. FLOODWAX
a. No modification or addition shall be allowed to any nonconforming structure or any
structure with a nonconforming use in the floodway, unless such modification or
addition:
1) Has been granted a land use permit or variance.
2) Meets the requirements of § 17.40 H.1.
3) Will not increase the obstruction to flood flows or regional flood height.
4) Any addition to the existing structure shall be floodproofed consistent with §
17.40 D.5. to the flood protection elevation.
St. Croix County Floodplain Overlay District 17.4 -13
17.4 H. Nonconforming September 30, 2005
b. No new on -site wastewater treatment disposal system, or addition to an existing on -site
wastewater treatment disposal system, shall be allowed in the floodway except where
an addition has been ordered by a government agency to correct a hazard to public
health. Any replacement, repair or maintenance of an existing on -site wastewater
treatment system in the floodway shall meet the applicable requirements Chapter 12 St.
Croix County Sanitary Ordinance and Comm 83.
c. No new well or modification to an existing well used to obtain potable water shall be
allowed in the floodway. Any replacement, repair or maintenance of an existing well in
a floodway area shall meet the applicable requirements of all municipal ordinances and
NR 811 and NR 812.
3. FLOODFRINGE
a. No modification or addition shall be allowed to any nonconforming structure or any
structure with a nonconforming use unless the modification or addition is elevated on
fill in compliance with the applicable standards in § 17.40 G.
b. All new private wastewater treatment systems, or addition to, replacement, repair or
maintenance of a private wastewater treatment system shall meet all the applicable
provisions of Chapter 12 St. Croix County Sanitary Ordinance and Comm 83.
c. All new wells, or addition to, replacement, repair or maintenance of a well shall meet
the applicable provisions of this subchapter and NR 811 and NR 812.
I. ADMINISTRATION
1. ZONING ADMINISTRATOR
a. The zoning administrator is authorized to administer this subchapter and shall have the
following duties and powers:
1) Advise applicants of the ordinance provisions, 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 land use permits and inspect properties for compliance with provisions of
this subchapter, 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.
5) Submit copies of the following items to the WI DNR 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 WI DNR including an annual summary of the number and types of
floodplain zoning actions taken.
17.4 -14 St. Croix County Floodplain Overlay District
• September 30, 2005 17.4 I. Administration
c) Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
6) Investigate violations of and enforce the provisions of this subchapter.
7) Submit copies of text and map amendments and biennial reports to the FEMA
Regional office.
2. LAND USE PERMIT
a. A land use permit shall be obtained before any new development or any repair or
change in the use of a building or structure, including sewer and water facilities, may be
initiated. Application to the zoning administrator shall include:
1) Name and address of the applicant, property owner and contractor.
2) Legal description, proposed use, and whether it is new construction or a
modification.
3) A site plan drawn to scale shall be submitted with the permit application form and
shall contain:
a) Location, dimensions, area and elevation of the lot.
b) Location of the ordinary highwater mark of any abutting navigable
waterways.
c) Location of any structures with distances measured from the lot lines and
street centerlines.
d) Location of any existing or proposed on -site wastewater treatment systems or
private water supply systems.
e) Location and elevation of existing or future access roads.
f) 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
North American Vertical Datum (NAVD).
h) Data sufficient to determine the regional flood elevation in NAVD at the
location of the development and to determine whether or not the requirements
of §§ 17.40 F. or G. are met.
i) Data to determine if the proposed development will cause an obstruction to
flow or an increase in regional flood height or discharge according to § 17.40
D.1. This may include any of the information noted in § 17.40 F.3.
j) A FEMA NFIP Elevation Certificate (FEMA Form 81 -31) based on
construction drawings.
4) The applicant shall provide all survey data and computations required to show the
effects of the project on flood heights, velocities and floodplain storage, for all
subdivision proposals, as "subdivision" is defined in Wisconsin Statute Chapter
236, and other proposed developments exceeding 5 acres in area or where the
estimated cost exceeds $125,000. The applicant shall provide:
a) An analysis of the effect of the development on the regional flood profile,
velocity of flow and floodplain storage capacity;
b) A map showing location and details of vehicular access to lands outside the
floodplain; and
c) A surface drainage plan showing how flood damage will be minimized.
d) The estimated cost of the proposal shall include all structural development,
landscaping, access and road development, utilities, and other pertinent items,
but need not include land costs.
St. Croix County Floodplain Overlay District 17.4 -15
17.4 I. Administration September 30, 2005
3. CERTIFICATE OF COMPLIANCE
a. If a land use permit is required, 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 Zoning
Administrator, subject to the following provisions:
I) When construction is complete, the certificate of compliance shall show that the
building or premises or part thereof, and the proposed use, conform to the
provisions of this subchapter.
2) The applicant shall submit a certification signed by a registered professional
engineer or registered land surveyor that the fill, lowest floor and floodproofing
elevations are in compliance with the permit issued. A FEMA NFIP Elevation
Certificate (FEMA Form 81 -31) based on finished construction shall also be
submitted.
3) Floodproofing measures also require certification by a registered professional
engineer or registered architect that floodproofing measures meet the
requirements of § 17.40 D.5.
b. If all ordinance provisions are met, the certificate of compliance shall be issued within
10 days after written notification that the permitted work is completed.
4. OTHER PERMITS
a. The applicant must secure all necessary permits from federal, state, and local agencies,
including those required by the U.S. Army Corps of Engineers under § 404 of the
Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
5. PUBLIC INFORMATION
a. Place marks on structures to show the depth of inundation during the regional flood.
b. All maps, engineering data and regulations shall be available and widely distributed.
c. All real estate transfers should show what floodplain zoning district any real property is
in.
6. VARIANCES
a. The St. Croix County Board of Adjustment may, upon appeal, grant a variance from the
standards of this ordinance if the following criteria are met:
1) Literal enforcement of the ordinance provisions will cause unnecessary hardship.
2) The hardship is due to adoption of the floodplain ordinance and unique property
conditions, not common to adjacent lots or premises. In such case the ordinance
or map must be amended.
3) The variance is not contrary to the public interest.
4) The variance is consistent with the purpose of this ordinance in § 17.40 A.5.
b. In addition to the criteria in a. above, to qualify for a variance under FEMA regulations,
the following criteria must be met:
1) The variance may not cause any increase in the regional flood elevation (RFE).
2) Variances can only be granted for lots that are less than one -half acre and are
contiguous to existing structures constructed below the RFE.
3) 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 the ordinance.
17.4 -16 St. Croix County Floodplain Overlay District
• September 30, 2005 17.4 I. Administration
c. When a floodplain variance is granted the Board of Adjustment shall notify the
applicant in writing that it may result in increased flood insurance premiums and risks
to life and property. A copy shall be maintained with the variance record.
d. Variances to Nonconforming Structures in the Floodfringe
1) Where elevating on fill or floodproofing to the flood protection elevation would
result in unnecessary hardship and only where the structure will not be used for
human habitation or be associated with a high flood damage potential, the Board
of Adjustment may grant a variance for modifications or additions, which are
protected to elevations lower than the flood protection elevation if the following
standards are met:
a) No floor is allowed below the regional flood elevation for residential or
commercial structures;
b) Human lives are not endangered;
c) Public facilities, such as water or sewer, will not be installed;
d) Flood depths will not exceed two feet; ,
e) Flood velocities will not exceed two feet per second; and
f) The structure will not be used for storage of materials as described in § 17.40
G.3.f.
2) If the provisions of 1) above cannot be met, one addition to an existing room in a
nonconforming building or a building with a nonconforming use may be allowed
in the floodfhnge, if the addition:
a) Meets all other regulations and will be granted by permit or variance;
b) Does not exceed 60 square feet in area; and
c) In combination with other previous modifications or additions to the building,
does not exceed 50% of the present equalized assessed value of the building.
7. EXPIRATION
a. Activities authorized by a permit or variance issued under this subchapter shall commence
within one year from the date of approval and be substantially completed or implemented
within two years, after which time the permit or variance expires.
b. Prior to expiration of a permit or variance, applicants can request extensions of up to six
months from the Zoning Administrator.
c. The total time granted for extensions shall not exceed one year.
8. MAP AMENDMENTS, REMOVAL OF LAND FROM THE FLOODPLAIN
a. Actions which may require an amendment include, but are not limited to, the following:
1 } Any change to the official floodplain zoning map, including the floodway line or
boundary of any floodplain area.
2) Correction of discrepancies between the water surface profiles and floodplain
zoning maps.
3) Any fill in the floodplain that raises the elevation of the filled area to a height at
or above the flood protection elevation and is contiguous to land lying outside the
floodplain.
4) Any fill or floodplain encroachment that obstructs flow, increasing regional flood
height 0.01 foot or more. Flood easements or other appropriate legal
arrangements must be secured from all adversely affected property owners prior
to approval by the County.
St. Croix County Floodplain Overlay District 17.4 -17
r ,
17.4 I. Administration September 30, 2005
5) All channel relocations and changes to the maps to alter floodway lines or to
remove an area from the floodway or the floodfringe that is based on a base flood
elevation from a FIRM requires prior approval by FEMA.
b. All map amendments and removal of lands from the floodplain require prior approval
from FEMA and WI DNR.
c. Compliance with the provisions of this subchapter 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 § 17.72 of this Chapter.
d. This procedure does not remove the FEMA requirements for the mandatory purchase of
flood insurance.
e. All channel relocations and changes to the maps to alter floodway lines or to remove an
area from the floodway or the floodfringe that is based on a base flood elevation from a
FIRM requires prior approval by FEMA.
f. Amendments to this subchapter may be made upon petition of any interested parry
according to the provisions of Wisconsin Statutes § 59.69. Such petitions shall include
all necessary data required by §§ 17.40 E.3. and 17.40 I.2.
1) The proposed amendment shall be referred to the zoning agency for a public
hearing and recommendation to the governing body. The amendment and notice
of public hearing shall be submitted to the WI DNR regional office for review
prior to the hearing. The amendment procedure shall comply with the provisions
of Wisconsin Statutes § 62.23, for cities and villages or Wisconsin Statutes §
59.69, for counties.
2) No amendments shall become effective until reviewed and approved by the WI
DNR.
3) All persons petitioning for a map amendment that obstructs flow, increasing
regional flood height 0.01 foot or more, shall obtain flooding easements or other
appropriate legal arrangements from all adversely affected property owners and
notify local units of government before the amendment can be approved by the
governing body.
4) For amendments in areas with no water surface profiles, the St. Croix County
Board of Supervisors shall consider data submitted by the WI DNR, the Zoning
Administrator's visual on -site inspections and other available information.
17.4 -18 St. Croix County Floodplain Overlay District