April Dane County Code of Ordinances

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Chapter 17 on the map and the elevations shown on the water exempted by law, all cities, villages, towns and surface profile of the regional flood. Where a counties are required to comply with this ordinance discrepancy exists between the map and actual field and obtain all necessary permits. State agencies are conditions,the regional flood elevations shall govern. required.to comply if s. 13.48(13), Stats., applies. A map amendment is required where there is a The construction, reconstruction, maintenance and significant discrepancy between the map and actual repair of state highways and bridges by the Wisconsin field conditions. The zoning administrator shall have Department of Transportation are exempt when s. the authority to grant or deny a land use permit on the 30.12(4)(a), Stats.,applies. basis of a district boundary derived from the elevations shown on the water surface profile of the 17.17 ABROGATION AND GREATER regional flood, whether or not a map amendment is RESTRICTIONS. (1) This ordinance supersedes required. The zoning administrator shall be all the provisions of any municipal zoning ordinance responsible for initiating any map amendments enacted under s. 59.97 or 59.971 for counties; s. required under this section within a reasonable period 62.23 for cities; or s. 61.35 for villages or s. 87.30, of time. Wis. Stats., which relate to floodplains except that (3) Where flood profiles do not exist, the location of where the other municipal zoning ordinance is more the district boundary line shall be determined by the restrictive than the provisions contained in this zoning administrator using the scale appearing on the ordinance, that ordinance shall continue in full force map, visual on-site inspection and any available and effect to the extent of the greater restrictions, but information provided by the department. Where there not otherwise. is a significant difference between the map and actual (2) This ordinance is not intended to repeal, abrogate field conditions, the map shall be amended. Where a or impair any existing deed restrictions, convents or map amendment has been approved by both the easements. However, where this ordinance imposes county board and the department, the zoning greater restrictions, the provisions of this ordinance administrator shall have the authority to grant or deny shall prevail. a land use permit. 17.18 INTERPRETATION. In their interpretation 17.14 REMOVAL OF LANDS FROM and application,the provisions of this ordinance shall FLOODPLAIN. Compliance with the provisions of be held to be minimum requirements liberally this ordinance shall not be grounds for removing construed in favor of the county board and shall not lands from the floodplain district unless they are be deemed a limitation on or repeal of any other removed by filling to a height of at least two feet powers granted by the Wisconsin Statutes. Where a above the regional flood elevation, the fill is provision of this ordinance is required by a standard contiguous to land lying outside the floodplain in ch.NR 116,Wis.Adm. Code,and where the district and the map is amended pursuant to ss. 17.71 ordinance provision is unclear,the provision shall be and 17.72. To remove flood insurance requirements, interpreted in light of the ch.NR 116 standards in FEMA must first revise the Flood Insurance Rate effect on the date of the adoption of this ordinance or Map or issue a Letter of Map Amendment or in effect on the date of the most recent text Revision. amendment to this ordinance. 17.15 COMPLIANCE. Any development13 or use 17.19 WARNING AND DISCLAIMER OF within the areas regulated by this ordinance shall be LIABILITY. The degree of flood protection in full compliance with the terms of this ordinance provided by this ordinance is considered reasonable and other applicable local, state and federal for regulatory purposes and is based on engineering regulations. experience and scientific methods of study. Larger floods may occur or the flood height may be 17.16 MUNICIPALITIES AND STATE increased by manmade or natural causes such as ice AGENCIES REGULATED. Unless specifically jams or bridge openings restricted by debris. Therefore,this ordinance does not imply that areas i3 outside of the delineated floodplain or permitted land See s. 17.05(10)for the definition. Page 82 Revised 4-30-97