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ORD1982441. ORDINANCE 1441 AN ORDINANC AAs TO *Inended AMEN’D J HAPTER 14 ATTEST: OF THE WNICIPAlL CODE OF THE CITY OF MUSKEGO (R’B: Flood Plain Ordinance) m ORDAIN AS FOLLOWS: TU COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, SECTION 1: Chapter 14 of the Municipal Code Of the City of Yuskego, Wisconsin, Kuskego Flood Plain Ordinance, is hereby amended and made a part of the blunicipal Code as adopted by Ordinance 1441 as amended and attached. SECTION 2: A copy of said ordinance has been on file In the Office of the City Clerk and open to public inspection and arid ordinance .is hereby incorporuted into the Nunicipul for not less than two weeks prior to the date of this ordinance Code of the City. Text is available and will become effective December 1, 1982. SECTION 3: All ordinances or parts of ordinances incon- sistent with Or contravening this ordinance are hereby repealed. SECTION 4: This ordinance shall be in efl’cct upon pussage PASSED AND APPROVED THIS 23rd DAY OF November , 1982. and publication and on and uYter December 1, 1982. I1 Wayne G. Salentine, Mayor City Clerk .. I AMENDED ATTACHMENT TO. ORDINANCE $1441 ORDINANCE TO ,WEND CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Flood P,Lain Ordinance) a THE CO~N COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 14 of the Municipal Code of the City Amend- Section 2.2 DI!;TRICT BOUNDARIES to read as follows : -of Huskego is hereby amen.ded as. follows: The boundary of the floodplain districts and where shown, the nated as floodplains on the Flood Insurance Study Maps and floodway and flood frinee districts, shall be those areas desig- This map dated December 1, 1982 is the official floodplain zoning corresponding profiles contained in the Flood Insurance Study. map for the comunity and has been approved by the Department of Natural Resources and the Federal Emergency Maneement Agency (FPIA), and is on file in the office of the City Clerk If more than one map is referenced the most restrictive shall apply. 0: Amend Section 2.23 to read as follows: REMOVAL OF LANDS FROM FLOODPLAIN: Compliance with the provisions of this ordinance shall not be grounds for removing lands from the floodplain district, unless they are. removed by filling to a height of at least two feet above the regional flood elevation, the fill is contiguous to land lying outside the floodplain district, and the map is amended pursuant to Section 8.0. To remove the land from flood insurance requirements, FEMA must first revise the flood Insurance rate mep. e Amend Section 2.6 INTERPRETATION to read as follows In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements liberally con- strued in favor of the pverning body, and shall not be deemed a limitation on or repeal of any other powers granted by the Wisconsin Statutes. Where a provi13ion of this ordinance is required by a standard in Chapter NR ll6, Wisconsin Administrative Code, and where the meaning of the ordinance provision is unclear, the pro- vision shall be interpre1:ed in light of the chapter NR 116 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendu.ent to this ordinance, Amend Section 2.95 'to read as follows: All subdivision pro- posals and other proposed new developments exceeding 5 acres in area, shall include within such proposals regional flood elevation minimize flood damage. 'Where the estimated cost of such develop- data, and the means to provide adequate surface drainage and to ment exceeds $75,000, an'd for all subdivision proposals the appli- cant shall provide all necessary computations to show the effect of the proposal(s) on flood heights, velocities and flood plain storage. The provisions of Section 7.4 shall apply hereto. Delete Section 3.2 DESCRIPTION OF DISTRICT in its entirety e and renuher the entire Section 3.0 as follows 3.1 - same; 3.3 to 3.2; 3.31 to 3.21; 3.32 to 3.22; 3.33 to 3.23; 3.34 to 3.24; 3.35 to 3.25; 3.36 to 3.26; 3.37 to 3.27; 3.4 to 3.3; 3.41 to 3.31; 3-42 to 3.32; 3.43 tO 3.33; 3.44 to 3.34; and, 3.45 to 3.35. - Amend Section 3.0 to add the following: 3.36 The storage of any materials that are buoyant, flammable, explosive, or injurious to human, animal, plant, fish, or other aquatic life is prohibited. detrimental to, the uses permitted in the adjoining districts are 3.37 Any uses which are not in harmony with, or which may be prohibited. * e .. prohibited, with the exception of portable latrines that are re- 3.38 All private or public on-site sewage disposal systems are moved during flooding and systems associated with public recreational provisions of Chapter H 63, Wisconsin Administrative Code, which areas and Department-approved campgrounds, that meet the applicable may be permitted in floodway areas. obtain water for ultimate human consumption are prohibited. are prohibited. 3.39 All wells, whet'her public or private, which are used to 3.40 All solid waste disposal sites, whether public or private, Page 2 Ordinance 8441 . Daleto Section 4.2 DESCRIPTION OF LISTRICT in its entirety ". and renmber the entire Section 4.0 as follows: 4.l - same; 4.3 - 4.2; 4.31 to 4.21; 4.4 to 4.3; 4.41 to 4.310 4.42 to 4.32* (n- ahsection 4.33 to be added below) 4.43 to 4.34, 4.44 to 4.35; Amend Section 4.42 (I,) to read as follows, and renumber to 4.32 (b): The basement f:Loor shall be at or above the regional proofing of basements has been granted by FEMA. flood elevation, unless a cmunitywide exemption allowing flood 4.45 4.36; 4.46 to 4.37; 4.47 to 4.38; 4.48 to 4.39; 4.49 to 4.40. a - - "" . " 0 Add subsections (c) and (d) to Section 4.32 RESIDENTIAL as (c) Except as provided in paragraph (d),contiguous dry-land . follows: access shall be provided .from a structure or building to land which is outside of the f'loodplain, so that any such structure shall be accessible by re:scue and relief vehicles during periods . with a surface at or abovNe the regional flood elevation and wide . of regional flooding. Contiguous dry-land access means a road enough fOK rescue and relLef vehicles. lines are at elevations wlhich make compliance with paragraph (c) impractical, the municipality may, after obtaining prior written * Department approval, auth'orize access at an elevation lower than the regional flood elevation. Where the municipality has applied for and obtained Department approval, the zoning administrator shall issue a permit authorizing such access as is allowed under the Department approval. (d) In existing developments where existing streets or sewer 1 a D Add new Section 4.33 ACCESSORY STRUCTURES OR USES immediately following 4.32 (d) above as follows: An accessory structure or use (not connected to a principal structure) shall meet all the applicable provisions of Section 3.31, 3.32 and 3.34. A lessor degree of protection, compatible with these criterLa and the criteria in Section 4.34 may be permissable for an accessory structure or use providing that the site is not inundated to a depth greater than 2 feet or subjected to flood velocities greater than 4 feet per second upon the occurrence of the regional flood. Amend Section 4.47 SEWAGE SYSTEMS (renumberad to 4.38) to read as follows: All on-site sewage disposal systems shall be floodproofed to the flood protection elevation and shall meet the applicable provisions of all local ordinances and Chapters H 63 and H 65, Wisconsin Administrative Code. Delete Section 5.2 DESCRIPTION OF DISTRICT and Section 5.21 in their entirety, and renumber entire Section 5.0 as follows: 5.1 - same; 5.3 - 5.2; 5.4 - 5.3. follows : to nonconforming uses or nonconforming structures in the floodway, a record shall be kept which lists the nonconforming uses and non- conforming structures, their present equalized assessed value, and the cost of those additions or modifications which have been per- mitted; and Add 6.13 and 6.14 to Section 6.0 NONCONFORMING USES as 6.13 As requests are received for modifications or additions 6.14 No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed fifty percent (50%) of its present equalized assessed value, shall be allowed unless the entire struc- ture is permanently chanl;ed to a conforming structure with a conforming use in complinnce with the applicable requirements of pliance with Section 4.3.!(c) or Section 4.32(d). this ordinance and contiguous dry land access is provided in com- Amend Section 6.22 to read as follows: No new on-site sewage disposal system, or addit:ion to an existing on-site sewage disposal agency to correct a hazard to public health, shall be allowed in system, except where an nddition has been ordered by a government a floodway area. Any.replacement, repair or maintenance of an meet the applicable requirements of all land ordinances and existing on-site sewage disposal system in a floodway area shall Chapter H 63, Wisconsin Administrative Code. Page 3 Ordinance U441 Amend Section 6.33 to read as follows: All new on-site sewage disposal system, 01: addition to, replacement, repair or maintenance of an on-site sewage disposal system, in a flood fringe area shall meet all. the applicable provisions of all local ordinances and Chapters H 63 and H 65, Wisconsin Adminis- trative Code. a Amend Section 7.16 to read as follows Submit copies of text a amendments and annual reports to FEMA. Amend Section 7.18 (a) 1. to read as follows Name and ' address of the applicant, property owner and contractor - builder;. Amend Section 7.18 (a) 2. to read as follows Legal descrip- tion of the property, inc:luding the type of proposed use, and an indication as to whether new construction or a modification to an . existing structure is involved;. Add new (a) 3. to Section 7.18 as follows The elevation of the lowest floor using Nalsional Geodetic and Verticle Datum (NGVD);. Amend existing (a) 3 and renumber to (a) 4 as follows A site development plan which accurately locates or describes the proposal with respect to ):he floodway and flood fringe districts showing the dimensions of the lot and locations of all existing and proposed structures from lot lines, center lines of all abutting highways, and thfs ordinary high-water mark of any abutting or nearby watercourses; and. a Renumber 7.18 (a) 4. to 7.18 (a) 5. Amend Section 7.18 (a) to add the following 6. Data sufficient to determine the regional flood elevation at the loca- tion of the development and to determine whether or not the require- ments of Section 2.9 are met. This may include any of the infor- mation noted in Section 7.42. Amend Section 7.1E (1,) to read as follows: CERTIFICATE OF COMPLIANCE: No vacant or developed land shall be occupied in the floodplain, and no buildi.ng or structure hereafter erecced, altered or moved into the floodplain shall be occupied or used, until the applicant obtai.ns a certificate of compliance from the Certificate only after th'e applicant has submitted a certification zoning administrator. Thfz zoning administrator shaii issue a signed by a registered professional engineer or registered land surveyor that the fill, lowest/basement floor elevations and floodproofing if required pursuant to Section 7.5 were accomplished in compliance with the de.welopment standards contained in this ordinance. If flood proofing is required pursuant to Section 7.5, applicant has submitted a certification signed by a registered pro- the zoning administrator shall issue a certificate only after the fessional engineer or architect that the structure is ac;ecAuately conetructed to comply with the provisions of Section 7.5. a Amend Section 7.3 to read as follows: BOARD OF APPEALS The appropriate board created under Section 62.23(7)(e), Wisconsin Statutes, is hereby authorized to act as the Board of Appeals for the purposes of this ordinance. The Board of Appeals shall exercise the powers conferred by Section 62.23(7)(e), Wisconsin Statutes. a Amend Section 7.33 ('b) to delete "Federal Insurance Adminis- tration of HUD" in the last line and replace with "FEMA". Page 4 Ordinance 1441 Add new Section 7.35 as follows: When a variance is granted the applicant shall be notified in writing, by the chairman or secretary of the board of s.ppeals, that increased flood insurance premims may result. A copy of this notification shall be main- tained with the variance appeal record. a Amend Section 8.15 to read as follows: Any upgrading of Wisconsin Administrative Code, or otherwise required by law. floodplain zoning ordinances required by Section NR 116.05(4), @ . Delete Section 8.2 AMENDMENT PROCEDURE in its entirety and 8.2 AMENDMEm PROCEDUILES: Amendments to this ordinace may add the following new Sectj.ms8.2, 8.21, 8.22, 8.23 and 8.24: be made upon petition of any interested party in accordance with the provisions of Section 02.23 of the Wisconsin Statutes. Such petitions shall include any necessary data required by Section : 7.42 and 2.95. shall be referred to the zoning agency, described in Section 7.2, for a public hearing and recommendation to the Common Council. Copies of the proposed amendment and notice of public hearing shall be submitted to the appropriate District office of the Department of Natural Resources. The amendment procedure shall comply with the provisions of Section 62.23, Wis Statutes. 8.21 Copies of any amendment proposed to the Common Council become effective until rev:tewed and approved by the Department of 8.22 No amendment to 1rhe maps or text of this ordinance shall Natural Resources. 8.23 All persons peti.tioninp. for a map amendment which involves an increase in th,e height of the regional flood of 0.1 foot (3 cm.) or more shall obtain flooding easements,or other appropriate legal arrangements, from all affected local units of government and property owners before the municipality may approve an amendment which would result in such an increase to the regional flood elevation. zoning map, in areas where no water surface profil'es exist, the zoning agency shall coneider data submitted by the Department, available information. (See Section 2.22(b) of this ordinance.) the zoning administrator's visual on-site inspections and other 8.24 When considering amendments to the official floodplain a the new definitions in pro'per alphabetical order and renumbering Amend Section 10.0 DE:FINITIONS per the following, inserting the section accordinelv: Add "DEPARThENT' : The Wisconsin Department of Natural Resources Add "EQUAL DECREE OF HYDROLOGIC ENCROACHMENT" - The effect of any development on the sto'rage capacity of a floodplain area, par- ticularly upstream from ur'ban areas, is analyzed assuming an equal loss of flood storage for .all property owners and subdivided lots in the storage area of a floodplain on both sides of a river or stream for a significant h:ydrologic reach. prepared for the City of Muskego by FEMA designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood eleva- tions. Said map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Prograx. Amend "FLOOD INSURANCE STUDY MAP'' to read as follows: "FLOOD INSURANCE STUDY" - .A technical engineering examination, evaluation, and determination of the City of Muskego flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and regional flood elevations as well as floodway lines. The flood hazard areas are designated as numbered A-Zones. Flood insurance aspects of the National Flood Insurance Program. study maps form the basis for both the regulatory and the insurance Amend "FLOOD HAZARD B13UNDARY MAP" to read as follows: A map .. a '. . Pa e 5 Or ti inance #441 Add "FLOODWAY ENCROACHMENT LINES" - Represent the limits of obstruction to flood flows. These lines are designated on both sides of, and generally parallel to, the channel of a river or Stream. They are established by assuming that the area landward (outside 0 of the encroachment lines) swill ultimately be developed in such a way that it will not convey flood flows, but the development Will not cause an increase to regional flood elevations upstream. It is assuned that any development riverward of these lines Will cause an obstruction and will require a detailed analysis (equal degree of hydraulic encroachment) to determine its effect on the regional :flood elevations upstream. public health or the potential for any significant economic loss to a structure or its contents. lake where the storage of flood waters therein has been taken into * natural changes in the river character, limits of political juris- account to reduce the regulatory flood discharge. Major man-made or diction, or a change in the flood-routing technique used to determine the storage and translation of a flood wave through the area of interest may be used to define the end of a hydrologic reach (e.g., or a change from channel routing to reservoir routing may be con- a dam may be considered a major man-made change in the river character sidered a major change in the flood-routing technique), Amend "OFFICAL nOODPLAIN ZONIKG MAP" to read as follows: That map, adopted and made 'part of this ordinance, as described in Add "HIGH FLOOD DAMAGE POTENTIAL" - Any danger to human life or Add "HYDROLOGIC REACH" - A designated length of river, stream or Section 2.2, which has been approved by the Department of Natural Resources and FEMA. damage potential and not involving structures. ation, partnership, association, municipality or state agency. to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular etream because of like physical characteristics. The flood frequency of the regi'mal flood is once in every 100 years. This means that in any given year, there is a 1% chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regioml flood has a 26% chance of occurrence (The regional flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics Fn the general watershed region,) Amend "SUBSTANTIAL IMFROVEMENT" by adding the following state- ment after the last sentenc'e: (For purposes of this definition, "substantial improvement" i,s considered to occur when the first e alteration of any wall, cei'ling, floor, or other structural part of the buildin comences, whether or not that alteration affects the external d !? mensions of the structure.) conditions affecting a particular property which were not self- to conform to the provisions of this ordinance due to special created and are not solely related to economic gain or loss. Unnecessary hardship is pre:sent only where, in the absence of a variance, no feasible use can be made of the property. to construct, alter or use a structure in a manner which is inconsis- tent with the dimensional scandards contained in this ordinance. Add "OPEN SPACE ME" - Those uses having a relatively low flood Add "PERSON" - An individual, or group of individuals, corpor- Amend "REGIONAL FLOOD" to read as follows: A flood determined Add "LNECESSARY HARDSHIP" - Any unique and extreme inability Add "VARIANCE" - An authorization granted by the Board of Appeals SECTION 2: All ordinances or parts of ordinances inconsistent --a with or contravening this ordinance are hereby repealed. SEC'ITON 3: This ordinance shall be in effect upon passage "" - and publication and on and after December 1, 1982. "' ., PASSED AND APPROVED THIS 982. ORDINANCE #441 AN 0RDINP.NCE TO AMEND CHAPTER 14 OF THE MUNICIPAL THE COMMON COUN DO ORDAIN AS FOLLOWS: SECTION 1: Cha of Muskego, Wisconsin, .Euskego Flood P Ordinance, is hereby amended and made a part of the cipal Code as adopted by Ordinance #441. SECTION 2: A c in the Office of th for not less than two weeks prior Code of the City. and said ordinance December 1, 1982. SECTION 3: A1 sistent with or con SECTION 4: Th and publication and PASSED AND APP DAY OF , 1982. I '0) P l Wayne G. Salentine, Mayor "-7- City Clerk ORDINANCE #441 AN ORDINANCE TO AMEND CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0 (Flood Pl.ain Ordinance) C THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.4 of the Municipal Code of of Muskego is hereby amended as follows Amend Section 1.1 STATUTORY AUTHORIZATION to re follows: This Ordinance for pursuant to the authorization 59.971, 61.35, 62.23 and 137.30 of the Amend Section 2.2 DI!$TRICT The boundary of the flood!?lain floodway and flood fringe nated as floodplains on corresponding profiles e This map dated December 1, 1982 is the officia? floodplain zoning map for the com.unity and has been approved b$ the Department of Natural Resources and the Federal Emergency dangement Agency (FEMA), and is on file in the office of the/City Clerk. If more than one map is referenced the most strictive shall apply. Amend Section 2.23 to read as REMOVAL OF LANDS FROM FLOODPLAIN: Compliance with the proytsions of this ordinance shall not be grounds for removing lands from the floodplain district, unless they are removed by fiyling to a height of at least two feet above the regional flood’elevation, the fill is contiguous to land lying outside the floodplain district, and the map is amended pursuant to Section 8.p. To remove the land from flood insurance requireme.nts, FEEIA must first revise the flood insurance rate map. In their provisions of this liberally con- by the Wisconsin be deemed a I. - - a Page 2 Ordinance /I441 / / Amend Section 4.32 (b) : The flood elevation, unless a communitywide Add subsections (c) and (d) to (c) Except as provided in e proofing of basements has ken granted by FEMA. follows : which is outside of the access shall be provided with a surface at or of regional flooding. enough for rescue and * shall be accessible by lower than written for and obtained Department shall issue a permit the Department approval. e following 4.32 (d) above a:; follows: fin accessory structure or use (not connected to a principal structure) shall meet all the applicable provisions of SNxtion 3.3?, 3.32 and 3.34. A lessor degree of protection, comp.atible with these criter-a and the criteria~ use Amend Section read as follows: floodproofed to applicable and H 65, in their entirety, and renmber entire Section 5.0 as follows: s.1 - same; 5.3 - 5.2; 5.4 L 5.3. / I " - Add 6.13 and 6.14 to Section 6.0 NONCONFORMING USES as 6.13 As requests are received for modifications or additions e follows to nonconforming uses or nonconforming structures in the floodway, a record shall be kept y h ich lists the nonconforming uses and non- heir present equalized assessed value, and oris or modifications which have been per- mitted; and n or addition to any nonconforming structure nc'nconforming use, which over the life of eCI fifty percent (50%) of its present , shall be allowed unless the entire struc- arce with the applicable requirements of ged to a conforming structure with a guous dry land access is provided in com- 2i:c) or Section 4.32(d). to read as follows: No new on-site sewage e tion to an existing on-site sewage disposal acidition has been ordered by a government rtl to public health, shall be allowed in pl.acement, repair or maintenance of an disposal system in a floodway area shall rements of all land ordinances and dministrative Code. Page 3 Ordinance #441 / Amend Section 6.33 t sewage disposal system, o maintenance of an on-site fringe area shall meet a1 local ordinances and Chap trative Code. 0 Amend Section 7.16 t * amendments and annual reports to FEMA. Amend Section 7.18 address of the applicant Amend Section 7.18 tion of the property, in indication as to whether existing structure is involved;. Add new (a) 3. to S the lowest floor using N Amend existing (a) 3 and renumber site development plan wh proposal with respect to showing the dimensions o and proposed structures abutting highways, and t or nearby watercourses; and. Renumber 7.18 (a) 4 Amend Section 7.18 the following 6. Data 0 sufficient to determine ments of Section 2.9 are met. tion of the development mation noted in Section 7.42. is may include any of the infor- Amend Section 7.18 COMPLIANCE: No vacant floodplain, and no buil altered or moved into t until the applicant obt zoning administrator. certificate only after signed by a registered 1 )e applicant has constructed t l : Page 4 Ordinance Sf441 Natural Resources. flood elevation. I DY” - A technical engineering examination, evaluation, and hazard areas regional floo evations as well as floodway lines. The flood Pa e 5 Orsinance #441 i Add "FLOODWAY ENCROA obstruction to flood flow of, and generally paralle They are established by assuming that the area landward of the encroachment lines way that it will not conv not cause an increase to is assumed that any devel an obstruction and will require a detailed analysis of hydraulic encroachment flood elevations upstream. Add "HIGH FLOOD DAMA public health or the pote a structure or its content:;. lake where the storage of Add "HYDROLOGIC REAC natural changes in the ri account to reduce the reg diction, or a change in t the storage and translati interest may be used to d a dam may be considered a or a change from channel e 0 e That map, adopted and mad Section 2.2, which has be Resources and FEMA. Add "OPEN SPACE USE" damage potential and not Add "PERSON" - An i ation, partnership, asso Amend "REGIONAL FLO to be representative of occurred in Wisconsin an particular stream becaus This means that in any-g flood frequency of the r is once in every 100 years. regional flood may occur mortgage period, the reg (The regional flood is b and runoff characteristics in flow records available f Amend "SUBSTANTIAL ment after the last sent "substantial improvement alteration of any wall, of the building commence the external dimensions to conform to the prov conditions affecting a created and are not so Unnecessary hards variance, no fea Add "VARIAN tent with the di to construct, a1 Add "UNNECESSARY e SECTION 2: with or contrav PASSED AND DAY OF , 1982. ATTEST : 10182 Wayne G. Salentine, Mayor