August Dane County Code of Ordinances

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11.12 Dane County Code 2a-54 nance for flood plain, flood fringe and flood- (8) Severability. If any section, clause, way districts shall apply to all flood plains, provision or portion of this ordinance is ad- flood fringes and floodways mapped on the judged unconstitutional or invalid by a court "official flood plain zoning map" (See 11.20 of competent jurisdiction, the remainder of (1)(aa), this ordinance shall not be affected thereby. (4) Compliance. No new use or change in (9) Special Provisions Applicable to all use of any structure, land or water shall be • flood plain districts. located, extended, converted or structurally altered and no development as defined in (a) No developments shall be allowed in ; this ordinance shall commence without full floodway areas which, acting alone or in compliance with the terms of this ordinance combination with existing or future similar and other applicable regulations. uses, cause an increase equal to or greater than 0.1 foot in height of the regional flood • (5) Abrogration and Greater Restrictions. for any main stem, tributaries to the main stem of any stream, drainage ditches, or any (a)This ordinance supersedes provisions of other drainage facilites. Said increase shall any zoning ordinance relating to flood be calculated using an equal degree of hy- plains. However, any underlying zoning draulic encroachment from the hydraulic shall remain in full force and effect to the ex- floodway lines for a hydraulic reach on both tent that its provisions are more restrictive. sides of a river or stream. Increases equal to or greater than 0.1 foot may be permitted, (h) It is not otherwise intended by this or- but only if amendments are made to this or- dinance to repeal, abrogate, or impair any dinance, the official floodway lines, water _ existing deed restriction; however, where surface profile and flood plain zoning maps this ordinance imposes greater restrictions pursuant to Section 11.18 of this Ordinance; •--- the provisions of this ordinance shall prevail. provided further that the total cumulative al- lowable increase in height of the regional (6) Interpretation. In their interpretation flood for any given hydraulic reach of a and application, the provisions of this ordi- stream shall not exceed one foot. nance shall be held to be minimum require- ments and shall be liberally construed in (b) No developments in flood fringe areas favor of the governing body and shall not be shall materially effect the storage capacity of deemed a limitation or repeal of any other flood plains, based upon an equal degree of • pow.rs granted by the Wis. Stats. hydrologic encroachment, (volume of the storage area which is lost). For the purposes (7) Warning and Disclaimer of Liability. of this subsection, "materially" is defined as The degree of flood protection intended to any increase in discharge of the regional he provided by this ordinance is considered flood which causes a rise in the water surface reasonable for regulatory purposes and is profile of 0.1 foot. Such developments may based on,engineering and scientific methods he permitted only if amendments are made of study. Larger floods may occur on rare to this ordinance pursuant to Section 11.18 occasions or the flood height may he in- herein;' rovided further that the total cumu- creased by man-made or natural causes, lative allowable increase in height of the re- such as ice jams and bride openings re- gional flood for any given reach of a stream stricted by debris. This ordinance does not shall not exceed one foot. imply that areas outside flood plain zoning -- district boundaries or land uses permitted (c) Owners or operators of all mobile home within such districts will always be totally parks and mobile home subdivisions located . • free from flooding or flood damages; nor in A Zones shall file adequate evacuation shall this ordinance create a liability on the plans indicating vehicular access and escape part of or a cause of action against the routes, including mobile home hauler routes, County of Dane or any officer or employee with the appropriate disaster reparedness thereof for any flood damage that may result authorities, and shall provide for adequate from reliance on this ordinance. surface drainage to minimize flood damage. Supp.No.a,4-84