This chapter is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 62.23, for villages and cities; and the requirements in Wis. Stats. § 87.30.
Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base.
This chapter is intended to regulate floodplain development to:
A. 
Protect life, health and property;
B. 
Minimize expenditures of public funds for flood control projects;
C. 
Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
D. 
Minimize business interruptions and other economic disruptions;
E. 
Minimize damage to public facilities in the floodplain;
F. 
Minimize the occurrence of future flood blight areas in the floodplain;
G. 
Discourage the victimization of unwary land and home buyers;
H. 
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
I. 
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
This chapter shall be known as the "Floodplain Zoning Ordinance for Village of Waterford, Wisconsin."
A. 
Areas to be regulated. This chapter regulates all areas of special flood hazard identified as Zones A, AO, AH, A1-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and the local community may also be regulated under the provisions of this chapter, where applicable.
B. 
Official maps and revisions. Special flood hazard areas (SFHA) are designated as Zones A, A1-30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in Subsection B(1) below. Additional flood hazard areas subject to regulation under this chapter are identified on maps based on studies approved by the DNR and listed in Subsection B(2) below. These maps and revisions are on file in the office of the Village Zoning Administrator, Village Hall, Village of Waterford.
(1) 
Official maps: based on the Flood Insurance Study (FIS):
(a) 
Flood Insurance Rate Map (FIRM), panel numbers 55101C0036E, 55101C0038E, 55101C0039E, and 55101C0151E, dated January 11, 2024;
(b) 
Flood Insurance Study (FIS) for Village of Waterford (Racine County), 55101CV001C, 55101CV002C, and 55101CV003C, dated January 11, 2024;
Approved by: the DNR and FEMA.
(2) 
Official maps: based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.
(a) 
Waterford Dam Failure Analysis (DFA) dated June 26, 2012, by GRAEF, approved by the Department of Natural Resources on December 5, 2012, including:
[1] 
A map titled "Figure 1 - Hydraulic Shadow Map - Waterford Dam," showing hydraulic shadow boundary and model cross section locations. Elevations shown on map at cross sections are for reference only; use floodway data table for regulatory elevations.
[2] 
Floodway data table output from RAS, bearing the header "HEC-RAS Plan: Unsteady 62612." The value in the column titled "W.S. Elev" is the governing regulatory elevation.
[3] 
Flood profile panels 01P, 02P, and 03P copied from Village of Waterford Flood Insurance Study, with DFA cross section locations noted. Sections are shown for reference; no regulatory water surface profile is shown. Use floodway data table for regulatory elevations.
C. 
Establishment of floodplain zoning districts. The flood hazard areas regulated by this chapter are divided into districts as follows:
(1) 
The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters within AE Zones as shown on the FIRM or within A Zones shown on the FIRM when determined according to § 256-18E.
(2) 
The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to § 256-18E, within A Zones shown on the FIRM.
(3) 
The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO Zones on the FIRM.
D. 
Locating floodplain boundaries. Discrepancies between the exterior boundaries of Zones A1-30, AE, AH, or A on the Official Floodplain Zoning Map and actual field conditions may be resolved using the criteria in Subsection D(1) or (2) below. If a significant difference exists, the map shall be amended according to Article VIII, Amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 256-25B and the criteria in Subsection D(1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Article VIII, Amendments.
(1) 
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
(2) 
Where flood profiles do not exist for projects, including any boundary of Zone A or AO, the location of the boundary shall be determined by the map scale.
E. 
Removal of lands from floodplain.
(1) 
Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Article VIII, Amendments.
(2) 
The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed letter of map revision is a record of this approval. The Floodplain Administrator shall not sign a community acknowledgement form unless all criteria set forth in the following subsections are met:
(a) 
The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;
(b) 
The fill must be contiguous to land outside the floodplain; the applicant shall obtain a floodplain development permit before applying for a LOMR or LOMR-F.
(3) 
Removal of lands from the floodplain may also occur by operation of Wis. Stats. § 87.30(1)(e), if a property owner has obtained a letter of map amendment from the Federal Emergency Management Agency under 44 CFR 70.
F. 
Compliance.
(1) 
No structure or use within areas regulated by this chapter shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
(2) 
Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Article IX.
(3) 
Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Article IX.
G. 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if Wis. Stats. s 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stats. § 30.2022 applies. Although exempt from a local zoning permit and permit fees, the DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with federal, state, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under Wis. Stats. § 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: the applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under twenty-foot span at the same location; the project is exempt from a DNR permit under Wis. Stats. § 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source, that existing data must be utilized by the applicant in the analysis of the project site.
H. 
Abrogation and greater restrictions.
(1) 
This chapter supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. § 61.35 for villages; or Wis. Stats. § 87.30, which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(2) 
This chapter is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
I. 
Interpretation. In their interpretation and application, the provisions of this chapter are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this chapter, required by Wis. Admin. Code Ch. NR 116, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
J. 
Warning and disclaimer of liability. The flood protection standards in this chapter are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This chapter does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This chapter does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this chapter.
K. 
Severability. Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
L. 
Annexed areas for cities and villages. The Racine County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Wis. Admin. Code Ch. NR 116 and 44 CFR 59 through 72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's Official Zoning Map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Municipal Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.