ORD20091310-Chapter 14-Clean
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1310
AN ORDINANCE TO AMEND CHAPTER 14,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Floodplain Zoning Ordinance)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 14, Section 1.5 (2), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
1.5 GENERAL PROVISIONS
(2) OFFICIAL MAP & REVISIONS
The boundaries of all floodplain districts are designated as floodplains or
A-Zones on the maps listed below and the revisions in the City of Muskego
Floodplain Appendix. 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 (RFE's) on non-FEMA maps shall be
effective until approved by the DNR. These maps and revisions are on file in
the office of the Planning Department, City of Muskego. If more than one map
or revision is referenced, the most restrictive information shall apply. (Ord.
#1288 - 12-24-2008)
OFFICIAL MAPS: Based on FIS
(a) Flood Insurance Rate Map (FIRM), panel numbers 55133C0339F,
55133C0342F, 55133C0343F, 55133C0344F, 55133C0361F,
55133C0362F, 55133C0363F, 55133C0364F, 55133C0452F,
55133C0454F, 55133C0456F, 55133C0457F, 55133C0458F,
55133C0459F, 55133C0476F, 55133C0477F, and 55133C0478F dated
November 19, 2008; with corresponding profiles that are based on the
Flood Insurance Study (FIS) dated November 19, 2008, volume numbers
55133CV001A-003A;
Approved by: The DNR and FEMA
(b) Letter of Map Revision (LOMR) updating the Special Flood Hazard Area
boundaries along the Unnamed Tributary to Muskego Canal on the FIRM
maps for panel numbers 55133C0343F and 55133C0344F, effective as
of September 30, 2009.
Approved by: The DNR and FEMA
OFFICIAL MAPS: Based on other studies
In addition thereto;
Ord. #1310 Page 2
(c) The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, for the area south of the Little
Muskego Lake Dam are those areas designated as floodplain and
floodway along the Muskego Canal on the following map: 100 Year
Floodplain/Floodway Muskego Canal prepared by Ruekert & Mielke, the
City’s consulting engineers.
This map, dated February 1998, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is
on file in the office of the Clerk-Treasurer. (Ord. #945 - 03-05-98)
(d) The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, are those areas designated as
floodplain districts on a map prepared by Pioneer Engineering and
Surveying.
This map, dated May 14, 1993, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on
file in the office of the City Clerk. (Ord. #806 - 08-05-93)
(e) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of a parcel
described as Tax Key Numbers 2174.112, 2174.114, and 2174.178 are
those areas as designated as floodplain districts on a map prepared by
Ruekert and Mielke Inc.
The boundary of the floodplain district including the floodway,
floodfringe, and other floodplain districts for the areas excluded from the
boundaries of a parcel described as Tax Key Numbers 2174.195,
2174.109.001 and 2174.945 as those areas designated to be outside of
this floodplain district or A-Zones on a map prepared by Ruekert and
Mielke Inc.
This map, dated November 14, 2000, and further updated on March 27.
2001, is the official Floodplain Zoning Map and has been approved by
the Department of Natural Resources, and is on file in the Office of the
Clerk-Treasurer. (Ord. #1032 – 11-22-2000)
(f) Flood Storage Maps for Waukesha County, panel numbers 9 and 10,
dated November 19, 2008. Approved and prepared by the DNR.
SECTION 2: Chapter 14, Section 1.5 (3), of the Municipal Code of the City of Muskego is
hereby amended to add the following:
(3) ESTABLISHMENT OF DISTRICTS
(d) The Flood Storage District (FSD) is that area of the floodplain where
storage of floodwaters is calculated to reduce the regional flood
discharge.
SECTION 3: Chapter 14, Section 3.1, of the Municipal Code of the City of Muskego is hereby
amended to read as follows:
Ord. #1310 Page 3
3.1 APPLICABILITY
The section applies to all floodway areas on the floodplain zoning maps and those
identified pursuant to s. 5.1(4).
SECTION 4: Chapter 14, Section 4.1, of the Municipal Code of the City of Muskego is hereby
amended to read as follows:
4.1 APPLICABILITY
This section applies to all floodfringe area shown on the floodplain zoning maps and
those identified pursuant to s. 5.1(4).
SECTION 5: Chapter 14, Section 5.0, of the Municipal Code of the City of Muskego is hereby
amended to read as follows:
5.0 OTHER FLOODPLAIN DISTRICTS
Other floodplain districts may be established under the ordinance and reflected on the
floodplain zoning map. These districts may include general floodplain districts and
flood storage districts.
SECTION 6: Chapter 14, Sections 5.1, 5.2, 5.3 and 5.4, of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
5.1 GENERAL FLOODPLAIN DISTRICT (GFP)
(1) APPLICABILITY
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 when adequate data
is available.
(2) PERMITTED USES
Pursuant to s. 5.1(4), it shall be determined whether the proposed use is located within
a floodway or floodfringe area.
Those uses permitted in floodway (s. 3.2) and floodfringe areas (s. 4.2) are allowed
within the general floodplain district, according to the standards of s. 5.1(3), provided
that all permits or certificates required under s. 7.1 have been issued.
(3) STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN
DISTRICT
S. 3.0 applies to floodway areas, s. 4.0 applies to floodfringe areas. The rest of this
ordinance applies to either district.
(4) DETERMINING FLOODWAY AND FLOODFRINGE LIMITS
Upon receiving an application for development within the general floodplain district, the
zoning administrator shall:
Ord. #1310 Page 4
(1) Require the applicant to submit 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, along with
a legal description of the property, fill limits and elevations, building floor
elevations and flood proofing measures;
(2) Require the applicant to furnish any of the following information deemed
necessary by the Department to evaluate the effects of the proposal upon flood
height and flood flows, regional flood elevation and to determine floodway
boundaries:
(a) A typical valley cross-section showing the channel of the stream, 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;
(b) Plan (surface view) showing elevations or contours of the ground;
pertinent structure, fill or storage elevations; size, location and spatial
arrangement of all proposed and existing structures on the site; location
and elevations of streets, water supply, and sanitary facilities; soil types
and other pertinent information;
(c) Profile showing the slope of the bottom of the channel or flow line of the
stream;
(d) Specifications for building construction and materials, flood proofing,
filling, dredging, channel improvement, storage of materials, water
supply and sanitary facilities.
(3) Transmit one copy of the information described in pars. (1) and (2) to the
Department Regional office along with a written request for technical assistance
to establish regional flood elevations and, where applicable, floodway data.
Where the provisions of s. 7.1(2)(c) apply, the applicant shall provide all
required information and computations, to delineate floodway boundaries and
the effects of the project on flood elevations.
5.2 FLOOD STORAGE DISTRICT
The flood storage district delineates that portion of the floodplain where storage of
floodwaters has been taken into account and is relied upon to reduce the regional flood
discharge. The district protects the flood storage areas and assures that any
development in the storage areas will not decrease the effective flood storage capacity,
which would cause higher flood elevations.
(1) APPLICABILITY
The provisions of this section apply to all areas within the Flood Storage District
(FSD), as shown on the official floodplain zoning maps.
(2) PERMITTED USES
Any use or development which occurs in a flood storage district must meet the
applicable requirements in s. 4.3.
Ord. #1310 Page 5
(3) STANDARDS FOR DEVELOPMENT IN FLOOD STORAGE DISTRICTS
(a) Development in a flood storage district shall not cause an increase equal
or greater than 0.01 of a foot in the height of the regional flood.
(b) No development shall be allowed which removes flood storage volume
unless an equal volume of storage as defined by the pre-development
ground surface and the regional flood elevation shall be provided in the
immediate area of the proposed development to compensate for the
volume of storage which is lost, (compensatory storage). Excavation
below the groundwater table is not considered to provide an equal volume
of storage.
(c) If compensatory storage cannot be provided, the area may not be
developed unless the entire area zoned as flood storage district – on this
waterway – is rezoned to the floodfringe district. This must include a
revision to the floodplain study and map done for the waterway to revert
to the higher regional flood discharge calculated without flood plain
storage, as per s. 8.1 of this ordinance.
(d) No area may be removed from the flood storage district unless it can be
shown that the area has been filled to the flood protection elevation and is
contiguous to other lands lying outside of the floodplain.
SECTION 7: Chapter 14 of the Municipal Code of the City of Muskego is hereby amended to
add the following:
6.4 FLOOD STORAGE AREAS
No modifications or additions shall be allowed to any nonconforming structure in a flood
storage area unless the standards outlined in 5.2(3) are met.
SECTION 8: Chapter 14, Section 7.4 (1) (b), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
7.4 TO REVIEW APPEALS OF PERMIT DENIALS
(1) (b) Floodway/floodfringe determination data in s. 5.1(4).
SECTION 9: Chapter 14, Section 8.2, of the Municipal Code of the City of Muskego is hereby
amended to read as follows:
8.2 PROCEDURES
Ordinance amendments may be made upon petition of any interested party according
to the provisions of s. 62.23, Stats., for cities and villages, or 59.69, Stats., for counties.
Such petitions shall include all necessary data required by ss. 5.1(4) and 7.1(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 the public hearing shall be submitted to the Department Regional
office for review prior to the hearing. The amendment procedure shall comply
with the provisions of s. 62.23, Stats., for cities and villages of s. 59.69, Stats.,
for counties.
Ord. #1310 Page 6
(2) No amendment shall become effective until reviewed and approved by the
Department.
(3) All persons petitioning for a map amendment that obstructs flow, increasing
regional flood height of 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 where no water surface profiles, the zoning agency or
Board shall consider data submitted by the Department, the zoning
administrator's visual on-site inspections and other available information. (See
s. 1.5(4).)
(5) A fee, as from time to time established by Resolution of the Common Council,
shall be submitted with the petition to defray the cost of giving notice,
investigation, and other administrative processing.
SECTION 10: The several sections of this Ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the Ordinance which shall remain in full force and
effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is
hereby repealed as to those terms that conflict.
SECTION 11: This Ordinance shall be in full force and effect from and after its passage and
publication.
TH
PASSED AND APPROVED THIS 26 DAY OF JANUARY , 2010.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
ATTEST: First reading: 12/08/2009
_________________________
Clerk-Treasurer
12/09jmb
Notice of Newly Enacted Ordinance Published: 2/4/2010