Dane County Code of Ordinances (2)

Home Browse Search

' 17-7 or s. 87.30, Wis. Stats., which relate to floodplains 17.21 ANNEXED AREAS FOR CITIES AND except that where the other municipal zoning VILLAGES. The Dane County floodplain zoning `1 ordinance is more restrictive than the provisions provisions in effect on the date of annexation shall i contained in this ordinance, that ordinance shall remain in effect and shall be enforced by the continue in full force and effect to the extent of the annexing municipality for all areas annexed by the greater restrictions, but not otherwise. annexing municipality until the annexing (2) This ordinance- is not intended to repeal, municipality adopts and enforces an ordinance abrogate or impair any existing deed restrictions, which meets the requirements of Ch. NR 116,Wis. convents or easements. However, where this Adm. Code. Annexed lands shall be described on ordinance imposes greater restrictions, the the municipality's official zoning map. County . provisions of this ordinance shall prevail. floodplain zoning provisions are incorporated by reference for the purpose of administering this :r 17.18 INTERPRETATION. In their interpretation - section and shall be kept on file in the office of the and application, the provisions of this ordinance county zoning administrator. shall be held to be minimum requirements liberally construed in favor of the county board, and shall I not be deemed a limitation on or repeal of any [17.22- 17.24 reserved for future use.] other powers granted by the Wisconsin Statutes. Where a provision of this ordinance is required by —; a standard in Ch. NR 116, Wis. Adm. Code, and SUBCHAPTER II where the ordinance provision is unclear, the GENERAL STANDARDS APPLICABLE TO provision shall be interpreted in light of the Ch. NR ALL FLOODPLAIN DISTRICTS _ 116 standards in effect on the date of the adoption I ' of this ordinance or in effect on the date of the 17.25 HYDRAULIC- AND HYDROLOGIC most recent text amendment to this ordinance. ANALYSES. .(1) No development, except as provided in sub. (2) below, shall be allowed in 17.19 WARNING AND DISCLAIMER OF floodplain areas which will: . LIABILITY. The degree of flood protection (a) Cause an obstruction to flow;" or provided by this ordinance is considered (b) Cause an increase in regional flood height due 'r reasonable for regulatory purposes and is based on to floodplain storage area lost, which is equal to or i engineering experience and scientific methods of exceeding 0.01 foot; study. Larger floods may occur or the flood height (2) Obstructions or increases equal to or greater ,_: may be increased by man-made or natural causes than 0.01 foot may only be permitted if such as ice jams or bridge openings restricted by amendments are made to this ordinance, the debris. Therefore, this ordinance does not imply official floodplain zoning maps, including that areas outside of the delineated floodplain or floodway lines and water surface profiles, in r— permitted land uses within the floodplain, will be accordance with ss. 17.71 and 17.72, and only if totally free from flooding and associated flood the total cumulative effect of the proposed damages. Nor does this ordinance create liability development will not increase the height of the ; --, on the part of, or a cause of action against, the regional flood more than 1.0 foot for the affected county or any officer or employee thereof for any hydraulic reach of the stream unless a waiver is flood damage that may result from reliance on this secured from FEMA for the 1.0 foot maximum ordinance or on the acts of any county official_or increase.' j employee charged with enforcement of this (3) The zoning administrator shall deny permits ordinance. where it is determined the proposed development will cause an obstruction to flow or increase in ` 17.20 SEVERABILITY. Should any.portion of this regional flood height of 0.01 foot or greater. I I ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder 17.26 WATERCOURSE ALTERATIONS: Prior to of this ordinance shall not be affected. any alteration or relocation of a watercourse, and I . prior to the issuance of any land use permit which I 11 See s. 17.05(41) .for the definition. 12 Annotation-: Rev. July 1991 rev. 043095 (_