PLANNING AND ZONING DEPARTMENT
PLANNING • ZONING AND CODE ADMINISTRATION • LAND & WATER CONSERVATION ON-SITE WASTE • GROUNDWATER MANAGEMENT • ECONOMIC AND BUSINESS PARK DEVELOPMENT
1462 STRONGS AVENUE, STEVENS POINT, WI 54481 • PHONE: 715-346-1334 • FAX: 715-346-1677
MEMORANDUM
To: Portage County Planning and Zoning Committee From: Dan Bowers, Assistant Director Date: August 14, 2019 Re: Floodplain Zoning Ordinance Amendment
In February of2019 Portage County Planning and Zoning received notice from the Wisconsin Department of Natural Resources (DNR) requiring Portage County to adopt dam failure analysis reports for three dams; Fountain Lake, Spring Creek and Jordan Pond. According to the letter Wisconsin Statutes chapter 87.30 and Wisconsin Administrative Code NR 116 require Portage County to "formally adopt the hydraulic shadows and corresponding data tables and dam failure profiles to the County's floodplain zoning ordinance within six (6) months". In addition, all local floodplain ordinances must meet the minimum requirements of the National Flood Insurance Program found in 44 CFR 59-72 and ch. NR 116, Wis. Admin Code. Communities can adopt higher regulatory standards to meet local conditions. To assist communities in writing a compliant floodplain ordinance, the DNR has developed two model ordinances. Portage County utilizes the Standard Model Floodplain Ordinance which has been updated as of July 2017. The proposed amendments to 7.6 Portage County Floodplain Zoning Ordinance follow the Model. Amendments to 7 .1 Portage County Zoning Ordinances are also being made for consistency purposes and to consolidate floodplain standards into 7.6.
Excerpts of the three dam failure analysis reports are attached. The reports model a 100 year flood event with a dam failure resulting in an inundated area called a hydraulic shadow. A map of the hydraulic shadow for each of the dams is included. The hydraulic shadow must be regulated as a floodway according to the standards within the County Floodplain Ordinance.
The Fountain Lake dam hydraulic shadow inundates lands owned entirely by the State of Wisconsin Department of Natural Resources known as the Emmons Creek Fishery Area. No structures are impacted.
The Spring Creek dam hydraulic shadow inundates lands owned by Spring Creek Land and Power LLC, the owners of the dam, along with other privately owned lands. There appears to be three structures impacted by the hydraulic shadow. These structures would be treated as nonconforming structures in a Floodway District; would be allowed to continue as their current uses but modifications would be limited.
The Jordan Pond dam hydraulic shadow inundates lands owned by the City of Stevens Point and other privately owned lands. The Portage County Floodplain Ordinance does not have jurisdiction within incorporated municipalities therefore the City of Stevens Point is not impacted by this Ordinance. There do not appear to be any structures impacted by the hydraulic shadow and much of the inundated lands are already mapped as a Zone A Flood Hazard Area which is regulated as a Floodway District. These lands are also currently zoned Conservancy by the Portage County Zoning Ordinance.
The amendments to the Portage County Floodplain Ordinance text are intended to follow the DNR Model Floodplain Ordinance. The biggest change as a result of the Model Ordinance is the inclusion of provisions for Flooded Agriculture - Cranberry Farms (F A-C). According to the Model Ordinance "the intent of this district is to provide a consistent regulatory framework for both maintenance and development activities, which are required for the efficient management of a cranberry farming operation." There are a couple of existing cranberry operations in Portage County which may benefit from these provisions
Portage County is required to adopt these provisions and other minimum provisions within the Model Ordinance in order to comply with State and Federal regulations and in order to maintain compliance with the National Flood Insurance Program so that property owners are able to obtain flood insurance. Portage County is allowed to be more restrictive than the minimum standards. For instance, the County could prohibit new development within the Floodfringe district similar to the Floodway district. With increasing pressure to develop more marginal lands combined with the increasing frequency and intensity of storm events the County may want to consider such provisions.
The Planning and Zoning Committee will need to hold a public hearing on the proposed amendments and make a recommendation to the County Board. Once the County Board adopts the amendments a copy of the Ordinance must be sent to the DNR for review and approval by FEMA.
If you have any comments, or need any additional information, please do not hesitate to contact me.
2 State of Wisconsin DEPARTMENT OF NATURAL RESOURCES Tony Evers, Governor 473 Griffith Avenue Preston D. Cole, Secretary Wisconsin Rapids WI 64494 Telephone 608-266-2621 Toll Free 1-888-936-7463 TTY Acc.ess via relay - 711
February 13, 2019
Mr. Jeff Schuler Portage County Planning and Zoning 1462 Strongs A venue Stevens Point WI 54481
Subject: Adoption of Dam Failure Shadows
Dear Mr. Schuler:
The Department of Natural Resources (Department) approved the dam failure analyses for the Fountain Lake and Spring Creek Dam. Fountain Lake is in Section 10, Town 21 North, Range 10 East, and Spring Creek Dam located in Section 7, Town 22 North, Range 10 East.
The areas of potential dam failure inundation (hydraulic shadow) were sent to Tracy Pelky of your office on February 11, 2019 and February 13, 2019 through e-mails.
Under the requirements of Chapter 87.30, Wisconsin Statutes and Chapter NR 116.05, Wisconsin Administrative Code, the materials that were submitted to your office need to be reviewed and any comments on the technical aspects of the study shall be provided to the Department within thirty (30) days from the date this decision was delivered. After the 30-day review and comment period, P011age County shall formally adopt the hydraulic shadows and corresponding data tables and dam failure profiles to the County's floodplain zoning ordinance within six (6) months.
To assist you in the adoption process, refer to Wisconsin Administrative Code, Chapter NR 116 and the procedures outlined in "Floodplain and Shoreland Zoning: A Guidebook for Local Officials". Please pay particular attention to the Class 2 notice requirements for public hearings. The second publication must be at least one week before the hearing. After the County has approved the amendment, a certified copy of the ordinance, a notarized affidavit of publication of the public hearing and a notarized affidavit of publication of the ordinance adoption must be sent to the Department for final administrative review and approval.
NOTICE OF APPEAL RIGHTS
If you believe that you have a right to challenge this decision, you should know that the Wisconsin statutes and administrative rules establish time periods within which requests to review Department decisions must be filed. For judicial review of a decision pursuant to sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Depat1ment, to file your petition with the appropriate circuit court and serve the petition on the Depat1ment. Such a petition for judicial review must name the Department of Natural Resources as the respondent.
dnr.wi.gov wisconsin .gov Naturally WISCONSIN Page2
To request a contested case hearing pursuant to section 227.42, Wis. Stats., you have 30 days after the decision is· mailed, or otherwise served by the Department, to serve a petition for hearing on the Secretary of the Department of Natural Resources. All requests for contested case hearings must be made in accordance with section NR 2.05(5), Wis. Adm. Code, and served on the Secretary in accordance with section NR 2.03, Wis. Adm. Code. The filing of a request for a contested case hearing does not extend the 30-day period for filing a petition for judicial review. This decision was mailed on ?4 /~- U/f STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES For the Secretary
By~~~~en,P.E. Water Management Engineer Wisconsin Depaiiment of Natural Resources
C: Tracy Pelky- Portage County Planning and Zoning File Jordan Pond Dam Hydraulic Shadow
1tmUai Flood Elevation Miles 14.90 Cross Section ID 0 0.25 0.5 0.75 Flood Elevation Cross Sections The hydraulic shadow is remapped from a model prepared by Hydraulic Shadow (Floodway) Lampert and Lee in 1994. Cross sections are from the same model.
Parcel Boundaries Map prepared by Portage County Planning and Zoning , August 13, 2019 - jh T ARCHITECTS - ENGINEERS - SURVEYORS Wisconsin Rapids (715) 424-3131 10968 Hwy. 54 East Stevens Point (715) 344-0068 Wisconsin Rapids, WI 54494-8709 FAX (715) 423-8774
May 19, 1994
Meg M. Galloway,P .E. Assistant State Dam Safety Engineer Bureau of Water Regulation & Zoning .Department ofNatural Resources 101 S. Webster St. Madison, WI 53 707
Subject: Jordan Dam, Field File #49.8, Big Plover River, Portage County
Meg:
Enclosed please find two copies of the revised report for this dam. This is intended to satisfy the appropria.t~ requirements of your letter to Roger Wrycza dated February 13, 1993 and the subsequent review letter. Please review and approve this document
If you have questions, please contact me.
RECEIVf:.
M~'f 201994 · Joel Papke .P .E.
cc: Gary Speckman w/enc. I .;i DAMBRK ANALYSIS INSPECTION REPORT
JORDAN DAM
PORTAGE COUNTY PARKS DEPARTMENT
I :I
.I LAMPERT, LEE AND ASSOCIATES 10968 HIGHWAY 54 EAST WISCONSIN RAPIDS, WI 54494 715-424-3131 715-344-0068
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: J ! Table of Contents
Item Page
Dambrk Analysis Conclusions
Dam Inspection Report 9
Recommended Maintenance 17
.' ~ Appendices I 'D \ A Drawings of Dam \. .·\
B County and City Zoning Maps and County Resolutions
C Hydraulic Shadow Map
D Dambrk Output .. No Dam
E Dambrk Output - Failure of Dam
F Dambrk Output - Open gates at 8 hours into flood event
G Dambrk Output w Gate Rating Curve
H Stability Analysis
.I .I .I I I ! I
I I DAMBRK ANALYSIS CONCLUSIONS
! I The analysis was performed to comply with the requirements of a letter from the Wisconsin
Department of Natural Resources dated February 13, 1993. It can also be used for zoning
purposes by Portage County and the City of Stevens Point. Conservancy zoning is already in I place for areas downstream of the Jordan Dam within the County jurisdiction and parts of the \ 1 City .. ·: I i .. '
t j The dam is a concrete and masonry dam originally constructed in the late 1800s or early 1900s. I The dam is located adjacent to a bridge over STH 66 which has been reconstructed within approximately the last 20 years. Masonry walls connect the abutments of the dam to the
:[ I abutments of the bridge and provide a flow channel between the two structures. The walls ,[ I provide structural support for the dam in that they resist overturning moments the dam may encounter and resist sliding forces. A dike runs Northwest from the West abutment until it i :: I reaches natural ground above the flood elevations of the area. The East dike connects a flow
structure that provides water to a power house located South of STH 66 and then parallels STH
66 before turning Northeast. The East dike also terminates in natural ground above flood
I elevations. The dam })as been modified over the years, and the characteristics of the gates have I been changed. Old plans of the dam indicate that various types of gates have been used over the .I years. The current three gates are stoplogs with a total width of 44.75 feet; the gates can be opened approximately 3. 56 feet. Opening is accomplished with a hydraulic jack arrangement;
rods hold the gates open. Any one gate can be raised partially by the hydraulic jack. The others
must be either open or closed. ,I I ! 1 I
Discharge values for the farthest point downstream that was analyzed reach a maximum of 2 136
CFS under the condition of fully opening a11 the gates 8 hours into a flood event. The example
illustrates that the gates need to be opened sooner. For the example, the maximum elevation
reached will be 1071.27 feet. The location of the flows and elevations is at mile 14.9, which is
immediately upstream from the USH Highway 51 bridge over the Plover river. A model run
without the dam present yields maximum flows of 1934 CFS and a maximum flood elevation of
I 1070. 96 feet. A model run with the dam failing with the gates closed shows a maximum flow of I 1810 CFS at a flood elevation of 1070. 98 feet. The maximum difference between the extreme flood elevations is O. 31 feet. Because analyses of this type consider a difference of elevation of
less than one foot as adequate for downstream analysis, the analysis will not need to be carried
further downstream. The one foot criterion is normally applied to the difference between no dam
, 1 present and failure of the dam. In this case that difference is O. 02 feet. This would indicate that I the downstream bridge at STH 51, the downstream bridge at USH 10 and the other City of
Stevens Point bridges leading to McDill Dam would not be impacted significantly by conditions
at the Jordan Dam. The McDill dam will receive all the flows that are generated upstream and
will have to release water at the rate it arrives there or water levels will rise in the McDill pond.
i The 0.31 foot difference in elevation is between opening the gates 8 hours into the flood event 1i J ; % and no dam present, and accentuates the need to operate the gates in a timely fashion. The
models were run without specifying a flood elevation. The program was allowed to determine
the elevation flows would reach under these conditions. In actuality, the flow elevations
calculated would overtop the facilities at the dam and the dikes surrounding it and would I . . j
2 I precipitate a failure. The dam will fail unless gates are opened in a timely fashion. · Downstream I dams cannot be a consideration in whether or not to open gates at the Jordan dam. The ideal gate operation would be to adjust the gates continuously to maintain the water at a constant elevation.
I This is not practical with the present facilities but has been envisioned by Mr. Michael Bigalk:e
who has leased the adjacent hydropower facilities. Mr. Bigalke would use automated equipment J to maximize his power production, but this type of facility also would ensure that the gates
would be opened if flows exceeded the capacity of the turbine to accept them. Mr. Bigalke
should be encouraged to install automated controls. Whatever help possible should be furnished.
The program used to make the calculations was BOSS DAMBRK version 3.00. It is an_ adaption
of the National Weather Service DAMBRK program that makes data input simpler but retains
the central NWS. program for the actual computations. The options within DAMBRK used to I ! I I make the analysis were option #7 for the no dam present model and option #11 for the other
: ~ models. Option # 12 was not utilized because of the large difference in opening sizes between
the dam and ·the immediately downstream bridge. Water surface profiles even under the failure ' f model do not approach the superstructure of the bridge. Convergence difficulties were
encountered in a few of the models. These were resolved primarily by simulating some flow
through the turbine or leakage through the dam. The program calls it turbine flow but, in
actuality, leakage occurs too. The first draft of the document was prepared utilizing a straight
line hydrograph with constant river flows of 1950 Cfs. This hydrograph also caused .I convergence problems. Changing the hydrograph to the one shown in the DAMBRK printouts removed most of the difficulties. The hydrograph was prepared based on a pre-flood condition f.
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'. j of 180 Cfs. Flows were gradually brought to 1950 Cfs and more gradually tapered offback to
the original flows. No flow records indicating sufficient information to derive a computationally
correct hydrograph have been located. This one was felt to be reasonable for the type of
watershed involved.
The Bigalke dam DAMBRK analysis utilized information from an Elbert Engineering analysis .I for Jordan Dam which predicted a Q100 of 1950 Cfs. It also used Co.nger 1981 data indicating
flows at that dam of 17 40 Cfs for Orno. Older method Conger type computations predicted 1628 I I Cfs at the Bigalke Darn .. The conclusion of that report was that an appropriate flow was 1740 I f Cfs. The DNR inspection report of 1993, for the Jordan Dam indicates a 0100 of 1950 Cfs would :I conform with the ~lbert Engineering analysis. The conclusions appear to be logical and reasonable. They, therefore, were adopted as the design flow for this analysis.
: ' ' t If all the dam gates on the main dam are operational and open fully, the design flow of 1950 Cfs .I will pass through the dam. Because the right dike of the dam is approximately elevation 1116.4, and the dam is at approximately elevation 1117. 0, the dike will be overtopped before the dam is
l overtopped. Raising the dike to an elevation of approximately 1118 feet should be considered. l The flows through the dam will raise to approximately elevation 1116 to pass the design flow. Freeboard on the dikes should be provided to prevent overtopping of them. Overtopping would
.I undoubtedly lead to the dikes washing out. If the West dike were to fail, the flows would go .I through a pedestrian underp·ass under Highway 66 which is undesirable because of the safety
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problems that would result as well as consideration of damage that would be caused to park
facilities downstream. ·J
I . l l ; 1 It was assumed that the dam failure would be through the right dike rather than through the dam I I I itself. The West dike is lower than the dam by approximately 0.6 feet currently. It is comprised i I 'I of sandy soils. The failure bottom was assumed to approximate the elevation of the bottom of the dam (elevation 1105). Side slopes for the breach were assumed to be 0.5: 1 with failure I, l occurring over a period of 1. 5 hours. Breach parameters were tested for sensitivity by adjusting ' j I', I them for time in accordance with page 6-22 of the BOSS documentation. This document indicates that time is more critical than breach width for small reservoirs. Unpublished runs of :l the model utilizing a failure time of 1.5 hours, 2 hours and 1 hour showed insignificant variance in the stage at the dam. The dam is at mile 11.46 on the output sheets. The fact that flows under
the failure model also flow over the top of the dam and through the breach in the West bank I ,I probably account for most of the lack of sensitivity of the parameters. :! Since there is an auxiliary spillway leading to the power house, it would be quite desirable for
f this spillway to be operational so that flows could be diverted through the power house to keep
flows through the dam minimized. Even though the dam will pass the design flow, it will only ' \ . I do it by raising the water level in the pond to undesirable levels to force the design flow through I f the existing gates. Every effort should be made by the County to keep the gates to the auxiliary ' ! spillway operational and the· power house operational from a generating standpoint to have this capacity available.
5 I I I
Although the main dam gates will pass the design flow, this will only occur if these are all fully
: ., r I· open and if they are opened in time. If there is a delay in getting the gates open, problems could } develop rapidly. That is another reason to have the auxiliary spillway available. Any gate found
: f to be nonfunctional when needed would create major problems during the design flow. Again, .l all of the main gates have ,to be fully open in order to pass this flow. The model run showing gates opened 8 hours into the simulated 100 year flood event shows a maximum stage or water
elevation at the dam of 1116.36 feet versus a dike top of 1116.4 feet. For practical purposes,
delaying opening the gates by 8 hours will cause the dam to be imminently ready to fail. This
model also simulates the turbine running at 50 Cfs which may or may not be occurring when the
real flood event happens. If the turbine were not running, the opening time requirement would '. I become shorter. It is mandatory that the County have a gate operator available whenever flood events might occur. A delay of even 8 hours in opening gates could cause the dam to fail. Even
if the West dike is raised, the time will not be extended significantly. This model predicts water
within 8 inches of the top of the dam after 8 hours. Once water rises over the top of the dam it
would become very dangerous to attempt to raise gates with the gate structures as they exist
now. Action has to be taken before this occurs or the dam will fail.
, \ The conditions required to satisfy NR 116 and NR 333 were analyzed for the area above the
Jordan Dam in the Bigalke report. It recommended a dam hazard rating of 1A for the Bigalke
Dam. The structural height of the Jordan Dam of approximately 17 feet and the impoundment of I .( 470 acre feet as mentioned ih the DNR report preclude this rating for the Jordan Dam. The I .I. Jordan Dam is a major dam from these criteria as explained in NR 333.07. I . I I 6 The development downstream will determine whether the dam is a high, significant, or low
hazard dam by the criteria ofNR 333.06 and 333.07. The DNR report indicates the dam will be
required to pass Q200 which would indicate an assumed preliminary dam hazard rating of Class ' ' l ' I ill (low). The current Portage County Zoning data are in the appendices .. Because there are no .I buildings in the floodplain, and because the county prohibits any being built, the hazard rating of the dam should remain as IB. i l
DAMBRK output sheets for option 11 in its various facets and option 7 assuming the dam is not
present show that flows can pass through the river channel without causing major problems. : ' ; f These sheets follow in the appendices. Also enclosed with the DNR copy of this report is a 3. 5"
: f computer disk containing the DAMBRK *.dbk files that were used to produce these outputs . .I The "N" values used in the analysis were obtained from "Seelye" which references the original
source as being ''Handbook of Applied Hydraulics" by C. V. Davis. Seelye credits his table as
being created by R.E. Horton. It gives values for natural stream channels from .025 for _best ·1 1 '· 1 conditions of clean, straight bank, full stage, no rifts or deep pools to .015 for very weedy I I reaches. Values used in this analysis vary from .03 for the area of the Jordan pond to .045 for the I I stony sections of the channel near and immediately below the Highway 66 area. Other portions of the stream are portions of a braided streambed and generally were assigned a value of. 03 5. t
Elevations quoted above and following for the dam and bridge area are based on a Wisconsin
Department of Transportation benchmark on the STH 66 Bridge. The elevation ofit is 1116. 70 l I
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••. f1 I ;I
( feet. Elevations from USGS quadrangle maps are also based on the same datum. The cross
.r sections above and below the dam and bridge were obtained by measuring from these USGS maps . . l . I . I
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REVl510MS PORTAGE COUNTY PARKS DEPARTMENT ARCHITECTS _ ENGINEERS - SURVEYORS 1090B Hwy ~4 Co,t :::"'p!!flUe g:~?i::~~~ JORDAN DAM W1100 ... •1r. Rop1d,. 'M 54494-- 8109 rAX (71~i4l!3-8774 A Oi'11eion of IV L Lee & A1coc1olf'&, Inc HYDRAULIC SHADOW COPYRIGHT@ 1994 BY WL LE( & ASSOCIATE~. INC ALL Rl _..'. :I BOSS DAMBRK version 3.00 PAGE512 PROJECT TITLE : Gates Closed, Fail@l 116.5 I PROJECT NUMBER: 93-122 5/17/1994 :. I ~.jlc}'.L-. 66"--10 FLOOD CREST SUMMARY: Nw ~rt'1-cY\ \J\'S tv~ 9 I ------~lt~?J!'f: ~ (V(IY Cross Maximum Maximum Time To Maximum Flood Time To Flood Wave I Section Stage Flow Maximum Flow Elevation Flood Arrival ~J Location Elevation Stage Velocity Elevation Time (mi) (ft MSL) (cfs) (hr) (ft/sec) (ft MSL) (hr) (hr) fl~ ' i 1fJ) /fSD , I -~------fi5b \'\,t '~ -.~10.830 1117.7l 1950 11.650 2.05 0.00 0.00 3.05 I U1, J") 10.834 1117.71 1949 11.650 2.05 0.00 0.00 3.05 10.838 1117.71 1949 11.800 2.05 0.00 0.00 3.05 10.842 1117.71 1948 11.650 2.04 0.00 0.00 3.05 ' 10.846 1117.70 1948 11. 725 2.04 0.00 0.00 3.05 I 10.850 1117.70 1948 11.725 2.04 0.00 0.00 3.05 10.854 1117.70 1947 11.725 2.04 0.00 0.00 3.05 10.858 1117.70 1947 11.650 2.04 0.00 0.00 3.05 10.862 1117.70 1946 11.725 2.04 0.00 0.00 3.05 ' i 10.866 1117.70 1946 11.650 2.04 0.00 0.00 3.05 ,I 10.870 1117.70 1945 11. 725 2.04 0.00 0.00 3.05 10.873 1117.70 1945 11. 725 2.03 0.00 0.00 3.05 10.877 1117.70 1945 11.725 2.03 0.00 0.00 3.05 10.881 1117.70 1944 11.725 2.0) 0.00 0.00 3.05 I 10.885 1117.70 1944 11.725 2.03 0.00 0.00 3.05 10.889 1117.70 1943 11.725 2.03 0.00 0.00 3.05 10.893 1117.70 1943 11.800 2.03 0.00 0.00 3.05 I 10.897 1117.70 1942 11. 725 2.02 0.00 0.00 3.05 10.901 1117.70 · 1941 11.725 2.02 0.00 0.00 3.05 10.905 1117.70 1941 11.725 2.02 0.00 0.00 3.05 10.909 1117.70 1940 11.725 2.02 0.00 0.00 3.05 10.913 1117.70 1939 11.725 2.02 0.00 0.00 3.05 10.917 1117.70 1939 11.725 2.01 0.00 0.00 3.05 10.921 1117.70 1938 11.725 2.01 0.00 0.00 3.05 10.925 1117.70 1937 11.725 2.01 0.00 0.00 3.05 ,I 10.929 1117.70 1936· 11.725 2.00 0.00 0.00 3.05 10.933 1117.70 1935 11.650 2.00 0.00 0.00 3.05 10.937 1117. 70 1934 11.725 1.99 0.00 0.00 3.05 10.941 1117.70 1933 11.725 1.98 0.00 0.00 3.05 ' l. 10.945 1117.70 1933 11.800 1.96 0.00 0.00 3.05 10.949 1117.70 1931 11.800 1.94 0.00 0.00 3.05 . I . I '. I 10.953 1117.70 1930 11.650 1.89 0.00 0.00 3.05 10.957 1117.70 1929 11.725 1.83 0.00 0.00 3.05 10.960 1117.70 1928 11.725 1.75 0.00 0.00 3.05. . '. I 10.964 1117.70 1927 11.725 1.64 0.00 0.00 3.05 10.968 1117.70 1926 11.725 1.51 0.00 0.00 3.05 10.972 1117.70 1925 11.725 1.37 0.00 0.00 3.05 :I 10.976 1117.70 1923 11.800 1.23 0.00 0.00 3.05 10.980 1117.70 1922 11.650 1.09 0.00 0.00 3.05· 10.984 1117.70 1921 11.725 0.97 0.00 0.00 3.05 :I 10.988 1117.70 1919 11. 725 0.85 0.00 0.00 3.05 10.992 1117.70 1918 11.725 0.75 0.00 0.00 3.05 17.r; r7.12. zJ1.,..~ 211,1 10.996 1117.70 1916 11.725 0.67 0.00 0.00 3.05, ·2.U/i :I ~11.000 1117.70 1915 11.725 0.59 0.00 0.00 3.05 l 11"7 ., t n.~q. i;1"\ rw ··-a18 3t~ 11.125 1117.70 1869 11.725 0.64 0.00 0.00 3.os tn·" ~ 11.250 1117.70 1827 11.725 0.75 0.00 0.00 3.05 l :I 11.288 1117.70 1820 11.725 0.67 0.00 0.00 3.05 :I 11.326 1117.70 1816 11.725 0.60 0.00 0.00 3.05 I I I :I .I I I : I I . . I I BOSS DAMBRK version 3.00 PAGE 513 PROJECT TITLE : Gates Closed, Fail@l 116.5 I PROJECT NUMBER: 93-122 5/17/1994 I FLOOD CREST SUI\™ARY : .I ------~-M- Cross Maximum Maximum Time To Maximum Flood Time To Flood Wave Section Stage Flow Maximum Flow Elevation Flood Arrival ;I Location Elevation Stage Velocity Elevation Time (mi) (ft MSL) (cfs) (hr) (ft/sec) (ft MSL) (hr) (hr) ------• ••w••---• ~--·-~-~~ -~-~-~~------:I 11.364 1117.70 1814 11.725 0.52 0.00 0.00 3.05 /7, U'a. 11.402 1117.69 1812 11.725 0.46 0.00 0.00 3.05 /1.(D 3091, ~51 : 1 ~11.440 1117.69 1811 11.725 0.49 0.00 0.00 3.05 Jill.lO ~A 11.443 1117.69 1811 11.800 0.57 143.78 0.00 3.05 11.445 1117.69 1811 11.725 0.68 287.55 0.00 3.05 '. I 11.448 1117.68 1811 11.725 0.82 431.33 0.00 3.05 11.450 1117.68 1811 11.725 1.01 575.11 0.00 3.05 /t,.tJJ 11.453 1117.67 1811 11.800 1.27 718.89 0.00 3.05 (tp,il 51,lf} 1'~ :I 11.455 1117.65 1811 11.725 1.68 862.66 0.00 3.05 (otfJ 38\lt> 11. 45 8 1-117-:-61 1811 11.725 2.39 1006.44 0.00 3.05 \\\ 1/3'7 ·"M o1 1",c; 3£,llo l'-7S D~ 11.4~111~ 1811 11.725 3.97 1150.00 0.00 3.05 )lc8,lo0 I ~ 11.410--1-to ." 4 1811 11.800 10.02 0.00 0.00 2.35 11.482 1102.93 1811 11.725 8.66 0.00 0.00 2.70 11.494 1102.52 1811 11.800 7.78 0.00 0.00 2.70 : I 11.506 1102.13 1811 11.800 7.13 0.00 0.00 3.05 11.518 1101.75 1811 11.800 6.64 0.00 0.00 3.05 11.530 1101.40 1811 11.650 6.25 0.00 0.00 3.40 I 11.542 1101.06 1811 11.725 5.92 0.00 0.00 3.40 11.554 1100.73 · 1811 11.725 5.65 0.00 0.00 3.40 11.566 1100.42 1811 11.650 5.42 0.00 0.00 3.75 I 11.578 1100.12 181 I 11.725 5.22 0.00 0.00 3.75 ! . 11.590 1099.83 1811 11.800 5.05 0.00 0.00 3.75 11.602 1099.55 1811 11.725 4.89 0.00 0.00 4.10 : I 11.614 1099.28 1811 11.800 4.75 0.00 0.00 4.10 11.626 1099.01 1811 11.725 4.63 0.00 0.00 4.10 11.638 1098.75 1811· 11.725 4.51 0.00 0.00 4.10 : I 11.650 1098.49 1811 11.725 4.41 0.00 0.00 4.10 11.662 1098.24 1811 11. 725 4.31 0.00 0.00 4.45 . I. 11.674 1097.99 1811 11.800 4.23 0.00 0.00 4.45 11.686 1097.75 1811 I I. 725 4.15 0.00 0.00 4.45 I 11.698 1097.5 I 1811 I 1.725 4.07 0.00 0.00 4.45 I I I ; I 11.710 1097.28 1811 11.800 4.00 0.00 0.00 4.45 11.722 1097.04 1811 11.800 3.94 0.00 0.00 4.45 11.733 1096.82 1811 11.725 3.87 0.00 0.00 4.80 , I 11.745 1096.59 1811 11.725 3.82 0.00 0.00 4.80 11. 757 1096.37 1811 11.800 3.76 0.00 0.00 4.8,0 , I 11. 769 1096.14 1811 11.800 3.71 0.00 0.00 4.80 11. 781 1095.93 1811 11.875 3.66 0.00 0.00 4.80 11. 793 1095.71 1811 11.800 3.62 0.00 0.00 4.80 11.805 1095.49 1811 11.725 3.57 0.00 0.00 4.80 I 11.817 1095.28 1811 11.800 3.53 0.00 0.00 4.80 11.829 1095.07 1811 11.800 3.49 0.00 0.00 4.80 I 11.841 1094.86 1811 11.875 3.45 0.00 0.00 5.15 1 I 11.853 1094.65 1811 11.800 3.42 0.00 0.00 5.15 11.865 1094.41 1811 11.800 3.38 0.00 0.00 5.15 11.877 1094.24 1811 11.875 3.35 0.00 0.00 5.15 ' I 11.889 1094.03 1811 11.875 3.32 0.00 0.00 5.15 11.901 1093.83 1811 11.875 3.28 0.00 0.00 5.15 I i I '. I :I J : I ;I I ' I I I I , I l I! . I l i I BOSS DAMBRK version 3.00 PAGE 514 PROJECT TITI,E : Gates Closed, Fail@l 116.5 I PROJECT NillVIBER : 93-122 5/17/1994 .I FLOOD CREST SUrvIJ\.fARY: :I ------Cross Maximum Maximum Time To Maximum Flood Time To Flood Wave Section Stage Flow Maximum Flow Elevation Flood Arrival :I Location Elevation Stage Velocity Elevation Time (mi) (ft MSL) (cfs) (hr) (ft/sec) (ft MSL) (hr) (hr) '. I ---W-NMM------R~~W --~------~~------11.913 1093.63 1811 11.800 3.25 0.00 0.00 5.15 , I 11.925 1093.43 1811 11.875 3.23 0.00 0.00 5.15 11.937 1093.23 1811 11.875 3.20 0.00 0.00 5.15 11.949 1093.03 1811 11.950 3.17 0.00 0.00 5.15 11.961 1092.83 1811 11.875 3.15 0.00 0.00 5.15 :I 11.973 1092.64 1811 11.800 3.12 0.00 0.00 5.15 11.985 1092.44 1811 11.950 3.10 0.00 0.00 5.15 11.997 1092.24 1811 11.800 3.07 0.00 0.00 5.15 I 12.009 1092.05 1811 11.875 3.05 0.00 0.00 5.15 12.021 1091.86 1811 11.800 3.03 0.00 0.00 5.15 12.033 1091.66 1811 11.875 3.01 0.00 0.00 5.15 .I 12.045 1091.47 1811 11.950 2.99 0.00 0.00 5.15 12.057 1091.28 1811 11.950 2.96 0.00 0.00 5.15 12.069 1091.09 1811 11.875 2.95 0.00 0.00 5.50 I 12.081 1090.90 1811 11.800 2.93 0.00 0.00 5.50 12.093 1090.71 1811 11.875 2.91 0.00 0.00 5.50 12.105 1090.52 1811 11.875 2.89 0.00 0.00 5.50 I 12.117 1090.33 1811 11.875 2.87 0.00 0.00 5.50 12.129 1090.14 · 1811 11.950 2.85 0.00 0.00 5.50 12.141 1089.96 1811 11.950 2.84 0.00 0.00 5.50 I 12.153 1089.77 1811 11.875 2.82 0.00 0.00 5.50 12.165 1089.58 1811 11.875 2.80 0.00 0.00 5.50 12.177 1089.40 1811 11.950 2.79 0.00 0.00 5.50 : I 12.189 1089.21 1811 12.025 2.77 0.00 0.00 5.50 12.201 1089.03 1811 11.950 2.76 0.00 0.00 5.50 I I 12.212 1088.84 1811' 11.875 2.74 0.00 0.00 5.50 12.224 1088.66 1811 12.025 2.73 0.00 0.00 5.50 12.236 1088.48 1811 11.950 2.71 0.00 0.00 5.50 l 12.248 1088.29 1811 12.025 2.70 0.00 0.00 5.50 12.260 1088.11 1811 11.875 2.68 0.00 0.00 5.50 12.272 1087.93 1811 12.025 2.67 0.00 0.00 5.50 j I 12.284 1087.75 1811 11.950 2.65 0.00 0.00 5.15 12.296 1087.57 1811 11.950 2.64 0.00 0.00 5.15 12.308 1087.39 1811 11.950 2.62 0.00 0.00 5.15 :I 12.320 1087.21 1811 12.025 2.61 0.00 0.00 5.15 12.332 1087.03 1811 11.950 2.59 0.00 0.00 5.15 ,I 12.344 1086.85 1811 12.025 2.57 0.00 0.00 5.15 12.356 1086.68 1811 11.950 2.55 0.00 0.00 5.15 12.368 1086.50 1811 11.950 2.53 0.00 0.00 5.15 12.380 1086.33 1811 11.950 2.51 0.00 0.00 5.15 I 12.392 1086.17 1811 12.100 2.48 0.00 0.00 5.15 12.404 1086.01 1811 12.025 2.44 0.00 0.00 5.15 1 ' 8(,,.~7 12.416 1085.85 1811 12.025 2.40 0.00 0.00 5.15 ,I i,. 5 ~DJ'3 i";S, 12.428 1085.70 1811 12.175 2.35 0.00 0.00 5.15 ~z. ~ 12.440 1085.56 1811 12.100 2.29 0.00 0.00 5.15 ~c£b.fu"- I 12.583 1084.54 1811 12.100 2.28 0.00 0.00 5.15 12.726 1083.53 1811 12.175 2.28 0.00 0.00 5.15 12.869 1082.51 1811 12.175 2.27 0.00 0.00 5.50 I I : I l I.I ;I I I . : I : I -I - ! . I I I BOSS DAMBRK version 3.00 PAGE 515 . ,I PROJECT TITLE : Gates Closed, Fail@l 116.5 PROJECT NUMBER: 93-122 5/17/1994 :I FLOOD CREST SU1vflvIARY: :I -----M------~ Cross Maximum Maximum Time To Maximum Flood Time To Flood Wave Section Stage Flow Maximum Flow Elevation Flood Arrival .I Location Elevation Stage Velocity Elevation Time (mi) (ft MSL) (cfs) (hr) (ft/sec) (ft MSL) (hr) (hr) :I ------~------_____ "___ ------M- 13.011 1081.48 1811 12.250 2.26 0.00 0.00 5.50 13.154 1080.46 1811 12.325 2.25 0.00 0.00 5.65 15Dl --t,. 41 z'/5'~ ;I 13.297 1079.47 1811 12.400 2.19 0.00 0.00 5.95 A ~i -J'( t,S ~13.440 1078.71 1811 12.550 1.88 0.00 0.00 5.57 lD-fi,t., ,-,4~3 13.583 1078.01 1811 12.625 1.87 0.00 0.00 5.65 :I 13.726 1077.30 1811 12.700 1.86 0.00 0.00 5.72 13.869 1076.60 1811 12.775 1.85 0.00 0.00 5.87 14.011 1075.89 1811 12.925 1.85 0.00 0.00 5.95 ,I 14.154 1075.16 1811 13.000 1.86 0.00 0.00 6.10 ,zEl[p 7 14.297 1074.40 1810 13.075 1.91 0.00 0.00 6.10 73- trt:i ?1,18 --- 14.440 1073.33 1810 13.150 2.34 0.00 0.00 6.77 lb14-,Zl ~-no . f 14.467 1073.07 1810 13.075 2.33 0.00 0.00 6.77 i)"'I, 14.494 1072.82 1810 13.150 2.33 0.00 0.00 6.85 14.521 1072.58 1810 13.225 2.33 0.00 0.00 6.85 I 14.548 1072.35 1810 13.150 2.32 0.00 0.00 6.85 14.575 1072.14 1810 13.225 2.31 0.00 0.00 6.85 14.602 1071.96 1810 13.300 2.30 0.00 0.00 6.85 I 14.629 1071.79 1810 13.300 2.28 0.00 0.00 6.92 14.656 1071.65 · 1810 13.300 2.26 0.00 0.00 6.85 14.684 1071.53 1810 13.375 2.23 0.00 0.00 6.85 14.711 1071.42 1810 13.300 2.21 0.00 0.00 6.85 14.738 1071.34 1810 13.300 2.17 0.00 0.00 6.77 14.765 1071.26 1810 13.375 2.14 0.00 0.00 6.77 -I 14.792 1071.20 1810 13.375 2. 11 0.00 0.00 6.70 14.819 1071.14 1810 13.300 2.10 0.00 0.00 6.62 14.846 1071.09 1810' 13.300 2.11 0.00 0.00 6.55 -I '7/'1/3tl 14.873 1071.04 1810 13.375 2.18 0.00 0.00 6.40 3\4l ·11 .. fJ 4' 14.900 1070.98 1810 13.300 2.33 0.00 0.00 6.32 101-Z,\6 ci.tz.. I 'JI. Z,6 , I Fountain Lake Dam Hydraulic Shadow Feet 14+39.42 Cross Section ID Jl 111111 '( ~-c:=:20•0 ·40c:o==:::isoo Flood Elevation Cross Sections The hydraulic shadow is remapped from a model prepared by Hydraulic Shadow (Floodway) General Engineering Company (GEC) in 2014 . Cross sections are from the same model. Parcel Boundaries Map prepared by Portage County Planning and Zoning, August 13, 2019 - jh State of Wisconsin rnuu 1rJ;~p()NOF.NC1Tc'./MF.MOU A 1'10ITM -----~=------ DATE: January 13, 2015 FILE REF: DNR DF A TO: Br~ht B.ind~,· -f'L/DNR CC: Joe Behlen~ WI Rapids FROM: Bill Stu~V=--gliafely SUBJECT: Dam Fnih1re Analysis Approval and Hazard Rating Assignment for Fountain Lake Dam (49.15, 991). The dmn failure mrnlysis prepared by General Engineering for the above referenced project is hereby approved. The following table ·identifies the location ofthe dam, the hazard rating, spillway capacity requirement and the need for lane! use controls downstream of the structure. Dam Name Field File Key Location Jlaz~•rd Spillway Land Use No. Sequence Rating Capacity Controls No. (basis) Needed Fountain 49.15 991 SIO, T21N, Low Met State owned Lake Dam RIOE Land use controls (in this case floodplain zoning or restrictive covenants on Stnte. owned lands) are required downstream of both clams. The land downstream of these structures appea1•s to be wetland find undevelopable hmcl. A statement tothat fact by you and the property manager will suffice in meeting the land use controls requirements. The strncture meets NR333 spillway capacity requirements. Brent- I plan to email GEC with notificatioi1 that this study is approved nncl provide them a copy of this memo. Jf you need copies of the reports please contact them directly. Thanks. l'1inl~J ,,n n~>"~·•... ~, 1 i ~ l l ! Engineers • Consultants • Inspectors fI DAM FAILURE ANALYSIS AND ASSESSMENT q For :l FOUNTAIN LAKE DAM ;I L WISCONSIN DNR . ' Portage County, Wisconsin . I November 2014 'f u u L, Prepared by: Owner: GENERAL ENGINEERING COMPANY WISCONSIN DNR 916 Silver Lake Drive Mr. Brent Binder, Proj. Mgr. P.O. Box340 Plymouth Service Center Portage, WI 53901 1155 Pilgrim Road Phone: (608) 742-2169 Plymouth, WI 53073 iJ GEC No. 2-0314-99 DOA Project No. 14B2Y I II_, 1 Contents Summary ...... 2 Introduction ...... 2 Hydrologlc Analysis ...... 3 Dam Failure Analysis ...... 4 Hazard Rating Assessment ...... 6 Splllway Capacity ...... 6 Recommendations ...... 6 List of Exhibits Exhibit 1 - Location Map Exhibit 2 - 100-year Flood Map - Dam Failure Condition Exhibit 3 -100-year Flood Profiles- Dam Failure Condition Exhibit 4 - Floodway Data for Dam Failure Condition Exhibit 5 - No Fail, Dam Nonexistent and Failure Profile Comparison List of Appendices Appendix A -Inflow Hydrographs Appendix B - WDNR Dam Failure Analysis Checklist Dam Failure Analysis and Assessment Fountain Lake Dam Summary The Wisconsin Department of Natural Resources (WDNR) retained General Engineering Company (GEC) to perform a dam failure analysis (DFA) for the Fountain Lake Dam on Emmons Creek in Portage County. The purposes of the DFA are to delineate the areas that would be inundated by a dam failure during the 100-year flood and to determine the dam's hazard rating in compliance with Wisconsin Administrative Code NR333. This report presents the findings of the hydrologic analysis, the DFA, and the dam hazard rating for the Fountain Lake Dam. The hydrology used for the purpose of this model was developed using the USGS regression equations and verified using gage comparison. The WDNR has previously approved the use of this hydrology. The 100-year peak inflow into Fountain Lake was determined to be 127 cfs. The spillway is capable of passing the 100-year inflow hydrograph without overtopping the embankment portion of the dam even without operating the gate. An increase In the lake level of approximately 0.9 ft. over normal pool would be expected during a 100 year flood event. The corresponding 100-year outflow after routing the inflow is 30 ds. The DFA involved modeling three conditions: 1) dam nonexistent, 2) dam in place with no failure, and 3) dam in place with failure. The hydraulic shadow was determined by comparing the "dam nonexistent" 100-year flood levels with the "dam In place with failure" 100-year flood levels. To determine the dam hazard rating, the elevations of potentially affected development in the hydraulic shadow were compared with the 100-year dam failure flood elevations. The results of the dam failure analysis indicate that there is no development downstream of the dam that would be inundated to a depth greater than two feet should the dam fail. The model converges at RS 1439.42, 1.24 miles downstream of the dam. The hydraulic shadow meets the dam nonexistent profile at this location. According to NR 333, Wisconsin Administrative Code, the dam should be classified as a high hazard dam until zoning within the hydraulic shadow is adopted by the Portage County. Because the land downstream of the dam is undeveloped and owned by the State of Wisconsin zoning may not be required by the DNR. As a low hazard dam the Fountain Lake Dam will be required to pass the 100-year flood through the structure without overtopping the embankments. The dam is able to pass these flows. The gate was open for the purpose of this study. Introduction The Fountain Lake Dam is owned and operated by the WDNR. The dam serves as a control structure for the 16-acre Fountain Lake impoundment and is located in Section 10, T21N, RlOE. Exhibit 1 shows the location of the dam. The primary purpose for the structure is to provide a fish rearing impoundment for use by the WDNR. 2 The drainage area at the dam is approximately 2 square miles. Downstream of the dam (RS 7984.83), Emmons Creek travels through undeveloped state owned property to the point of convergence. There are two unnamed tributaries flowing into Emmons Creek with the second (enters stream from right) being significant in that the drainage area at the confluence is 20 square miles. The first lateral inflow (enters from the left) occurs at RS 6364.46 and contributes a peak flow of 80 cfs; the second comes into the creek at RS 2119.42 and contributes a peak flow of 630 cfs. There is one river crossing in the studied area and the model converges just upstream of that crossing (3"' Avenue). All report elevations are referenced to NAVD88 datum. Survey data for the structures and some cross sections entered into the model were obtained by GEC. The components ofthe dam include the following: An earthen embankment approximately 50 ft in length. An outlet structure consisting of a 5.2 ft wide by 1.4 ft high stop log section under the walkway. Hydrologlc Analysis The hydrologlc analysis consisted of using the USGS regression equations and utilizing gage comparison to verify the results. The drainage area was determined to be 2 square miles at the dam. Table 1 lists the flood frequency peak inflows for a variety of recurrence intervals at the Fountain Lake Dam. The 500 and 1000 year flood events were not extrapolated for this study. The 100-year peak inflow into Fountain lake is 127 cfs. The hydrographs used for the unsteady flow modeling (including tributaries) are shown in Appendix A. The spillway is capable of passing the 100-year inflow without overtopping the embankment. The first downstream tributary (left) contributes a peak flow of 80 cfs and the second tributary (right) a peak flow of 630 cfs. Flow In Emmons Creek was input into the model as an inflow hydrograph at the upstream end of the impoundment routed through the impoundment and then through the downstream reach. Table 1 FLOOD FREQUENCYPEAK DISCHARGES Recurrence Interval Peak inflow into Fountain Lake (years) (cfs) 10 74 50 110 100 127 500 (extrapolated) N/A 1000 (extrapolated} N/A Flood Flow Frequency ~u I ..,·Cl) E ~ ii: ~ cu Cl) 1 0.1 0.01 0.0010.. Probability Dam Failure Analysis The U.S Army Corps of Engineers' River Analysis System (HEC-RAS) version 4.1 was used to model the following three conditions in accordance with Wisconsin Administrative Code NR333 criteria: Dam nonexistent Dam in place with no failure Dam in place with failure The 100-year flood levels were determined using the "dam nonexistent" model and the hydraulic shadow was defined by comparing the "dam nonexistent" profile with the "dam failure" profile. The channel cross-sections used in the modeling are from survey data collected by GEC, USGS quad maps and available GIS data. A stage discharge curve was developed for the overflow spillway and input into the model. Storage in the lake was determined from topographic data, Lake Map and surveyed cross sections. The stop logs were removed for the purposes of the study since there is an approved Inspection, Operation and Maintenance Plan for the dam (DNR requirement). Since the dam does not overtop during the 100-year flood, the most likely mode of failure of the dam was considered as a piping failure of the embankment. The assumed starting pond elevation was 982.4 ft., about 0.61 ft. over the crest of the spillway. Failure was assumed to occur when the reservoir reached the maximum elevation of 983.32 ft., which ls 0.1 ft below the maximum elevation the water in the impoundment reaches during the 100-year flood. The dam breach parameters for the Fountain Lake Dam are listed in Table 1. The parameters are based on FERC and HEC-RAS guidelines. The piping failure of the dam was modeled assuming: 4 Table 1 Dam Breach Parameters Parameter Value Failure time (duration} 0.5 hours Bottom breach width 6 Breach side slopes 1 horizontal:1 vertical Breach bottom elevation 977.01 Reservoir elevation at start of modeling 982.4 Reservoir elevation at time of failure 983.32 The model cross-section stationing is in feet, with the darn located at River Station 7984.83 The routing reach extends approximately 6689.7 feet (1.27 miles) downstream (RS 1295.13) from the dam. The channel Manning's roughness coefficients ranged from 0.035 to 0.045 in the channel and from 0.06 to 0.8 on the overbanks. The modeling included storage routing upstream of the dam and unsteady routing downstream of the dam using the infine structure option to represent the dam in HEC-RAS. The "dam nonexistent" condition was modeled with the existing dam removed. There ls one stream channel crossing in the river reach below the dam. The road crossing is 3rd Avenue RS 1415.44. Third Avenue overtops by as much as 1.7 ft. during the modeled failure. This road is a DNR property road in this area and not considered as vital infrastructure. The floodway data table for the dam failure condition is shown here as Table 2 and also as Exhibit 4. FLOODING SOURCE FLOODWAV HYDRAULICSHADOW FLOODPLAIN WATER SURFACEELEVATION 1 CROSS D1STANCE WIDTH SECTION MEAN REGULATORY WITHOUT WITH INCREASE SECTION - AREA VELOCITY FLOODWAY FLOODWAY STATIONING (FEET) (SQ.FEET) (FEET/SEC) (FEETNAVD) (FEET (FEET {FEET} NAVD} NAVD) EMMONS CREEK 8739.32 5444 1030 9,868 0.0 983.3 983.3 983.3 0.0 8558.32 5263 617 7,510 0.0 983.3 983.3 983.3 0.0 8103.02 4808 163 793 0.0 983.3 983.3 983.3 0.0 7984.83 FOUNTAIN LAKE DAM 7872.76 4578 89 153 3.6 916.2 916.2 916.2 0.0 6364.46 4389 110 72 6.7 916.1 916.1 916.1 0.0 4372.62' 2397 43 51 6.0 916.0 916.0 916.0 0.0 1439.42 144 307 761 1.8 915.9 915.9 915.9 0.0 1415.44 3RD AVENUE BRIDGE 1395.13 100 94 172 5.0 907.8 907.8 907.8 0.0 5 1295.13 10 I 94 172 j s.o j 907.8 I 907.8 I 907.8 I o.o I I I I I I I 'Feet Above Downstream Cross Section at Station 1295.13 2 Convergence With Dam Nonexistent Profile at Station 4372.62 FOUNTAIN LAKEDAM HYDRAULICSHADOW FLOODWAYDATA PORTAGECOUNTY, WI EMMONS CREEK Table 2 Hazard Rating Assessment The hazard rating assessment depends on the impacts of the downstream flooding if the dam were to fail during the 100-year flood. Hazard ratings are divided into three classiflcatlons: high hazard, significant hazard, and low hazard. The hazard rating assigned to a dam Is dependent on the risk for loss of life during the 100-year flood with a dam failure and whether future development in the hydraulic shadow is restricted. A dam failure analysis is used to analyze the flood impacts. The downstream impacts are compared to two other cases: the 100-year flood with the dam nonexistent and the 100-year flood routed through the dam with no failure. The hydraulic shadow is the area of land downstream from a dam that would be inundated upon failure of the dam during the 100-year flood. The hydraulic shadow ends where the "dam failure" flood profile converges with the "dam nonexistent" flood profile. The convergence tolerance is one foot for rural areas and zero feet within incorporated areas. The convergence occurs at RS 1439.42. Field reconnaissance and reviews of a USGS quad map and aerial photos show there Is no development affected by the breach of the Fountain Lake Dam. Spillway Capacity The required spillway capacity according to NR 333 is the 100 year flood. The Fountain Lake Dam is capable of passing the 100-year flood through its spillway without overtopping of the embankment. Recommendations The results of the dam failure analysis indicate that there is no development that would be flooded to a depth greater than two feet should the dam fail during the 100-year flood. Portage County will be required to adopt floodplain zoning in the hydraulic shadow below the dam or the DNR will need to show the affected land in the hydraulic shadow is restricted from development. The dam is capable of passing the flow required in NR333 through its spillway. 6 Exhibit 1 - Location Map ·~l-6q,.._,,.~,...... ,.~.,,.....--.-,.u.-""7::'1..... ~--"-'"'··-·-· 1M '.(iuno::, a6epod 1uow1as JO UMO.I...... ~1198--,,. (1et.:I) USNtL1l09 • («..O) l91NtL10!I JOGCS 1M'1&1lJOrd•"JO ..-i.....s111 •0Kma ·o·d 1. 0 FOUNTAIN LAKE DFA N DNR-Fisheries P.o ...... 0.111-c-.o, . • .....,..w,...., C) IOl,742-2111 (Otl'a) • ~74N51ZtF•) W##• • ~ I ·· Town of Belmont Portage County, WI =--=--=:::::::.":t'=:-'~~_"'...... __..."o.r..(...... v~ Exhibit 3-100-Yr Flood Profiles - Dam Failure Condition 900 Emmons Creek 900 970 g C i.!i! SEil 9f,() 940 .., ~ Ill ' l3 ~ i:l i:l ~ O !Ii ~ g!) i tN i r,. ID a, Ct 0 1000 2000 3000 4000 5000 6000 7000 Legerid Main Channel Distance (ft) Max WS ELE - Hydraulic Shadow Fountain Lake Dam Failure Analysis Ground Dam hydraulic shadow profile Portage County 1\ Exhibit 4 -Floodway Data for Dam Failure Condition HYDRAULIC SHADOW FLOODPLAIN FLOODING SOURCE FLOODWAY WATER SURFACE ELEVATION SECTION MEAN WITHOUT WITH CROSS SECTION WIDTH REGULATORY INCREASE D1STANCE1 STATIONING AREA VELOCITY FLOODWAY FLOODWAY (FEET) (SQ.FEET) (FEET/SEC.) (FEET NAVO) (FEETNAVD) (FEET NAVO) (FEET) EMMONS CREEK 8739.32 5444 1030 9,868 0.0 983.3 983.3 983.3 0.0 8558.32 5263 617 7,510 0.0 983.3 983.3 983.3 0.0 8103.02 4808 163 793 0.0 983.3 983.3 983.3 0.0 7984.83 FOUNTAIN LAKE DAM 7872.76 4578 89 153 3.6 979.7 979.7 979.7 0.0 6364.46 4389 110 72 6.7 974.1 974.1 974.1 0.0 2 4372.62 2397 43 51 6.0 956.9 956.9 956.9 0.0 1439.42 144 307 761 1.8 948.9 948.9 948.9 0.0 1415.44 3RD AVENUE BRIDGE 1395.13 100 94 172 5.0 945.8 945.8 945.8 0.0 1295.13 0 I 94 I 172 I 5.0 I 945.3 I 945.3 I 945.3 I 0.0 1 Feet Above Downstream Cross Section at Station 1295.13 2 Convergence With Dam Nonexistent Profile at Station 4372.62 >~ FOUNTAIN LAKE DAM HYDRAULIC SHADOW FLOODWAY DATA rCD PORTAGE COUNTY, WI -m EMMONS CREEK Spring Creek Dam Hydraulic Shadow 2090 Cross Section ID Flood Elevation Cross Sections 0 100 200 300 Hydraulic Shadow (Floodway) The hydraulic shadow is remapped from a model prepared by VPI Engineering, LLC in 2017 . Cross sections are from the same model. Parcel Boundaries Map prepared by Portage County Planning and Zoning , August 13, 2019 - jh State of Wisconsin DEPARTMENT OF NATURAL RESOURCES Scott Walker, Governor 101 S. Webster Street Cathy Stepp, Secretary Box 7921 Telephone 608-266-2621 Madison WI 53707-7921 FAX 608-267-3579 TTY Access via relay - 711 August 10, 2017 Dale Peterson Spring Creek Land & Power, LLC P.O. Box 2236 Madison, WI 53701-2236 Subject: Dam Failure Analysis Approval and Haiard Rating Assignment, Spring Creek Dam, Field File 49.18, Key Sequence #177, Po11age County. · Dear Mr. Peterson: We are sending you this approval of the dam failure analysi~ and setting the hazard rating for the Spring Creek Dam. The hydrologic and hydraulic study entitled "Spring CreekDam Failure Analysis and Assessment" dated May 2017 with final prepared by VPI Engineering, LLC is hereby approved. The hazard rating is being set as High Hazard because of the lack of floodplain zoning within the dam failure floodplain (hydraulic shadow) below the dam. There are no affected residences downstream of the dam and once the zoning has been adopted within the hydraulic shadow you can request, in writing, that we lower the hazard rating to low hazard. A low hazard dam is required to pass the 100-year flood without overtopping. The dam, as cunently configured is able to safely pass the required flows before overtopping occurs. There are cun·ently no residences within the hydraulic shadow downstream of the dam that would be inundated should the dam fail. The results of this study represent information that must be into the floodplain zoning ordinance. Joe Behlen in our Wisconsin Rapids Office will contact the county to request adoption. Please have your consultant send Joe an additional three copies of the study (including the maps, profiles and fl9odway data tables) to use in the adoption process. If you have questions about this document, please give me a call at 608-266-8033. If you have other questions pertaining to the operation and maintenance of your dam or the adoption ofland use controls downstream of the dam, please contact Joe Behlen, P.E. at 715 421-9940, or email at [email protected]. Thank you for your continued cooperation. Sincerely, ~~n State Dam Safety Enginee Bureau of Watershed Management [email protected] cc. Joe Behlen, P.E. - Wiscoasin Rapids P011age County ZA Jeremy Hinds, P.E., VPI Engineering, LLC, 10028 Goldenrod Lane, Franksville, WI 53126 dnr.wi.gov wisconsin .gov nPrinted on Naturally WISCONSIN Recycled Paper BEFORE THE DEPARTMENT OF NATURAL RESOURCES IN THE MATTER of the Assignment of the Hazard Rating for the Spring Creek Dam, Located on Spring Creek in Portage County, FF #49 .18, KSN 177. FINDINGS OF FACT 1. The Department of Natural Resources has examined the dam failure analysis, for the Spring Creek Dam, located in Section 7, Township 22 North, Range 10 East, Portage County, on Spring Creek. 2. The Spring Creek Dam is owned and operated by the Spring Creek Land & Power, LLC, Dale Peterson. 3. The analysis was pe1formed by VPI Engineering, LLC, is entitled Spdng Creek Dam Failure Analysis and Assessment is dated May 2017. 4. VPI and the Wisconsin Department ofNatural Resources have determined that a Rating of High Hazard would be appropriate for the dam and the area downstream until the necessary zoning is adopted. S. There are no dwellings within the hydraulic shadow downstream of the dam. 6. There is not floodplain zoning downstream of the dam to the extent oftl1e hydraulic shadow below the dam. 7. The dam is capable of safely passing the required flow through its spillways for a low hazard dam. 8. The analysis was performed in compliance with Wisconsin Administrative Codes NR 333, and NR 116. 9. The Department has determined that the project complies with Section 1.11, Wisconsin Statutes, and Section NR 1.95, Wisconsin Administrative Code. 10. The hazard rating meets the standards of Section NR 333.06, Wisconsin Administrative Code. CONCLUSIONS OF LAW 1. The review has been conducted in accordance with Chapter 31, Wisconsin Statutes, and Chapters NR 333 and NR 116, Wisconsin Administrative Codes. 2. The Department has authority under Chapter 31, Wisconsin Statutes, and Chapter NR 333, Wisconsin Administrative Code, to assign a hazard rating. ASSIGNMENT OF THE HAZARD RATING and CONDITIONS 1. · The hazard rating of High Hazard is hereby assigned to the dam. 2. The mapping of the hydraulic shadow submitted with the study must now be adopted into Pottage County's floodplain zoning ordinances. Provide 3 copies of the map, profile and floodway data table to Joe Behlen in our Wisconsin Rapids office. _,,.- · Spring Creek Dam Failure Analysis and Assessment WDNR Dam Key Seq. No. 177 Field File No. 49.18 Spring Creek Dam Portage County, Wisconsin Date: May 17, 2017 Prepared for: Spring Creek Land & Power, LLC (Dam Owner) By: VPI Engineering, LLC (Attn: Jeremy Hinds) 10028 Goldenrod Lane Franksvllle, WI 53126 Phone: (262) 732-4192 VPI Project I.D.107 Contents Summary ...... 3 Introduction ...... 3 Hydrologic Analysis ...... 4 Dam Failure Analysis ...... 5 Recommendations ...... 6 List of Exhibits Exhibit 1 Location Map Exhibit 2 100-year Flood Map - Dam Failure Condition Exhibit 3 100-year Dam Failure Cross Sections Exhibit4 Hydrograph chart Exhibit 5 Hydrograph graph List of Appendices Appendix A WDNR Dam Failure Analysis Checklist Appendix B Photos AppendixC Supplemental Exhibits 2 Dam Failure Analysis and Assessment For the Spring Creek Dam Summary Spring Creek Land & Power, LLC retained VPI Engineering, LLC to perform a dam failure analysis (DFA) for the Spring Creek Dam, Portage County. The purposes of the DFA are to delineate the areas that would be inundated by a dam failure during the 100-year flood, verify the previously adopted floodway or flood fringe mapping and to determine the dam's hazard rating in compliance with Wisconsin Administrative Code NR333. This report presents the findings of the hydrologic analysis, the DFA, the dam hazard rating, and spillway capacity verification for the Spring Creek Dam. Existing Facility/ Location The Spring Creek Darn is owned and operated by the Spring Creek Land & Power. The dam serves as a control structure for the 18-acre pond and is located in SE 3' of Section 7, T22N, and R10E along Spring Creek. Exhibit 1 shows the location of the dam. The drainage area at the dam is approximately 17.0 square miles. Downstream of the dam approximately 300 feet (river station or RS 1860), water travels under CTH A via a non-dot surface viewer bridge. Downstream further there is an undocumented private bridge for the property at approximately 6190 County Road A, at RS 1050. The point of convergence is on the downstream side of this private driveway and bridge, roughly 1700' downstream of the dam. All report elevations are referenced to NAV88 datum. Most of the elevation and location data was obtained through topographic survey obtained by VPI Engineering, LLC and was supplemented with data from the WDNR, Portage County GIS and Delorme topoquad contours. The components of the dam include the following: • An earthen embankment approximately 230 feet long (WDNR site shows 60') The principal spillway/ outlet, is about 90' north of the right groin • The auxiliary outlet is another 75' north of there, approx. 165' from right end / groin • The principal outlet Is a cast-in-place reinforced concrete weir with stops logs and tapered concrete wingwalls • Top of embankment elevation is 1027 .88', at the top deck over the weir of the principle spillway. • The principle spillway consists a 13' wide by 3.5' opening. • There are 6 operational stoplogs. The stop logs were operated in June of 2015. They total 12" in height. • The dam has 2-24" CMP draw down pipes. 3 Dischame / Hydrologic Analysis The hydrologic analysis consisted of calculating the 100 year flood frequency discharge as defined in the USGS "Flood Frequency Characteristics of Wisconsin Streams." The calculation that was used is: Q= 149* A" .818*SP"-. 775*ST" ... 227* I" .136 The following values were used for the calculation: A= 17 sq. miles, SP=.5, ST=40%, I= .18 (4.38-4.2) The 100 year flow calculated is 886 cfs. "fhis value was checked against upstream bridge at CTH Q, which is 450 cfs, for a 9.0 square mile area. These two values make sense. Table 1 lists the flood frequency peak inflows for a variety of recurrence intervals at the Spring Creek Dam. Table 1 FLOOD FREQUENCY PEAK DISCHARGES Peak inflow into Recurrence Interval (years) Spring Creek Dam (cfs) 5 341 10 459 25 625 so 759 100 886 The Dam has an estimated hazard rating of "LOW" and VPI does agree with that. The team has reviewed the dam failure profile and cross sections and have found that no development or structures fall within the flood hazard boundary. Based on this the team feels the low rating can remain, made official, given the NR 333.06 description for a low hazard dam and upon adoption of the zoning. I See the attached flood hazard boundary exhibits for the hazard boundary. According to NR 333, the dam would be classified as a low hazard dam because no development or residences are affected by the flood's hydraulic shadow. As a low hazard dam the Spring Creek Dam will be required to pass the 10-year flood through the principal spillway structure without overtopping the embankments. The principal spillway can pass 492 cfs, based on an average flow through the opening of 8 ft/s. As it is currently configured, the dam IS CAPABLE of doing this, and could pass the 100 year event through the principal spillway. Upgrades to the dam will be not be required in the near future. The mode of failure VPI feels is most likely is from piping the 100 year flow not overtopping the dam. 4 Dam Failure Detail; The water elevation during the site visit and data collection was 4.5 inches over the stoplogs which were operated and in good condition. The water surface elevation 1024.28 feet. The assumed starting pond elevation during a failure will be set at 1027. 78 feet. This is 0.10' below the crest of the dam. The embankment is fairly level from north to south. Failure was assumed to occur when the reservoir reached the maximum elevation 1027.78. The dam breach would likely occur through piping. The water surface elevations throughout the years has never been seen above elevation 1025.5. The former owner and current and adjoining property owner (Ray Palmer, phone: 715-824·5100) mentioned that they have never seen the water higher than elevation 1025.5, just below the below top on the front side or up'stream side of the dam. Mr. Palmer is 66 years old and has lived next to the dam his entire life. For the dam failure, the assumed water surface elevation at the time of the failure was assigned an elevation of 1027. 78, 0.10' below the crest of the dam, 3.93' over the stoplog elevation and 4.93' above the weir when the stoplogs are pulled. The parameters for the Spring Creek Dam breach are listed in Table2. The parameters are based on NR 333 and HEC-RAS guidelines. The estimated location where the failure would occur, is south of the principal spillway where the downstream toe of the dam has seen a small slide. The material seems to be a little sandy. The area is covered by heavy growth and required weed whipping to better inspect this location. This was Inspected, seen on June 14, 2015. This was shared with the owner as a location that requires monitoring. The piping failure of the dam was modeled assuming: Table 2 Dam Breach Parameters Parameter Value Failure time (duration) 30 minutes Bottom breach width 15 ft Breach side slopes 2 horizontal:1 vertical Breach bottom elevation 1016.0 Reservoir elevation at start of modeling 1024.28 (normal) Reservoir elevation at time of failure 1027.78 The channel Manning's roughness coefficients used were 0.05 in the channel and from 0.035 to 0.65 on the banks. The modeling included unsteady routing downstream of the dam using the inline structure option to represent the dam in HEC-RAS. The "dam nonexistent" condition was modeled with the existing dam removed. There is one stream crossing in the routing reach, one at CTH A. The downstream roadway does not overtop. Table 3 summarizes the peak flood elevation for the three conditions modeled. River distances are in terms of feet, measured downstream from the dam. 5 Table 3 HEC RAS RS Location River feet Maximum Water Surface Elevation (feet) Below Dam Dam in-place, Dam Failure (Piping Dam Nonexistent no fall Breach) 2215 In Spring Lake 1027.02 +80 1027.81 1027.81 2135 Spring Creek removed 0 1027.78 1027.78 Dam HEC RAS RS Location River Feet Maximum Water Surface Elevation (feet) Below Dam ,, Dam Dam In-place, Dam Failure (Piping Nonexistent no fail Breach) 2090 Below Dam 45 1022.96 1022.96 1027.41 1975 160 1022.92 1022.93 1026.49 1890 245 1022.36 1022.36 1025.85 1865 CTHA 270 1016.83 1016.83 1025.65 1840 295 1018.02 1018.02 1025.42 1050 1085 1015.45 1015.45 1019.1 780 1355 1014.62 1014.62 1016.96 .soo 163S J.OEU39 10'.!3 ..89 1.0H.70 95 2040 1012.29 1012.29 1012.29 Flood Hazard Boundary vs Development The hydraulic shadow is the area of land downstream from a dam that would be inundated upon failure of the dam during the 100-year flood. The hydraulic shadow ends where the "dam failure" flood profile converges with the "dam nonexistent'' flood profile. The convergence tolerance is one foot for rural areas and zero feet within incorporated areas. This DFA is within a rural area. Referring to Table 3, the 100-year flood profile resulting from a dam failure is within one foot of the "Dam nonexistent'' profile at RS 500. This is approximately 1300' east of CTH A. CTH A does not overtop in the 100 year event. Exhibit 2 shows hydraulic shadow mapping. Recommendations: • Set the official hazard rating as LOW, upon adopting the zoning. • Adopt DFA floodplain boundary between the Dam and 1,085 feet downstream of the dam's principal spillway 6 Exhibit 1 MAMTIION CO. ~L\MTIION , CO. j+ + + + 'I T-U-N j }+ +i Project Location ,,,_.,. ______o ... ______,1 MJril-tlX,Unl ••• = lb,·•hJ ...... - + L ~T .ln___ _ ., U..S., .. 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Juy .. . _ - - .. llanrnaf] e(ll==~----·EJ +r...uNlcd,qd.t,r..u~"'".r""''P'ffllO'Wt.i,.., ""' 6-NAn 77 -i;.,~"-"pgW".-tAr--...ir...... , ,.~ Jit•:nn..nWl~JU..,.4'~ POATAnf. 11-Nc C. ro E -c 0 0 7.6 PORTAGE COUNTY FLOODPLAIN ZONING ORDINANCE Web Site: www.co.portage.wi.us 7.6 - FLOODPLAIN ZONING ORDINANCE SECTION ...... : ...... Page 7.6.1 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE AND GENERAL PROVISIONS ...... 1 7.6.1.1 Statutory Authorization ...... 1 7.6.1 .2 Finding of Fact ...... 1 7.6.1.3 Statement of Purpose ...... 1 7.6.1.4 Title ...... 1 7.6. 1.sa General Provisions ...... 1 ~ (1) Areas to be Regulated ...... 1 ~ (2) Official Maps and Revisions ...... 2 ~ (3) Establishment of Floodplain Zoning Districts ...... 2 ~ (4) Locating Floodplain Boundaries ...... 3 ~ (5) Removal of Lands from Floodplain ...... 3 ~ (6) Compliance ...... 3 ~ (7) Municipalities and State Agencies Regulated ...... 3 ~ (8) Abrogation and Greater Restrictions ...... 3 ~ (9) Interpretation ...... 4 7.6.2.10 (10) Warning and Disclaimer of Liability ...... 4 7.6.2.11 (11) Severability ...... 4 7.6.2.12 (12) Annexed Areas for Cities and Villages ...... 4 7.6.2 • GENERAL STANDARDS APPLICABLE .TO ALL FLOODPLAIN DISTRICTS ...... 4 7.6.2i.1 Hydraulic and Hydrologic Analyses ...... 4 7.6.2i.2 Watercourse Alterations ...... 5 7.6.2i.3 Chapter 30, 31 Wis. Stats, Development ...... 5 7.6.2i.4 Public or Private Campgrounds ...... 5 7.6.2.5 Flooded Agriculture - Cranberry Farms (FA-C) ...... 6 7.6.34 FLOODWAY DISTRICT (FW) ...... 11 7.6. 34.1 Applicability ...... 11 7.6.34.2 Permitted Uses ...... 11 7.6. 34.3 Standards for Development ...... 12 7.6. 34.4 Prohibited Uses ...... 13 7.6.4i FLOODFRINGE DISTRICT (FF) ...... 13 7.6.4a.1 Applicabil·ity ...... 13 7.6.4a.2 Permitted Uses ...... 13 7.6.4a.3 Standards for Development ...... 13 7.6.Si GENERAL FLOODPLAIN DISTRICT (GFPo) ...... 16 7.6. 5e.1 Applicability ...... 16 7.6. 5e.2 Permitted Uses ...... 16 7.6. 5e.3 Standards for Development ...... 16 7.6. 5e.4 Determining Floodway and Floodfringe Limits ...... 16 7.6.6+ NONCONFORMING USES ...... 17 7.6.6+.1 General ...... 17 7.6.6+.2 Floodway Afea& Districts ...... 18 7.6. 6+.3 Floodfringe AFeas Districts ...... 19 Draft 8-12-19 SECTION ...... Page 7.6.73 ADMINISTRATION ...... 20 7.6. 78.1 Zoning Administrator Plannin§ ans Zanin§ DiFestaF ...... ,...... 20 7.6. 78.2 Planning and Zoning Committee ...... : ...... 24 7.6.78.3 Board of Adjustment ...... 25 7.6.78.4 To Review Appeals of Permit Denials ...... · ...... 27 7.6. 78.5 Flood proofing ...... · ...... 27 7.6. 78.6 Public Information ...... 28 7.6.89 AMENDMENTS ...... 28 7.6.89.1 General ...... 28 7.6. 89.2 Procedures ...... '...... 29 7.6.9-14 ENFORCEMENT AND PENALTIES ...... 29 7.6.104 DEFINITIONS ...... 29 Adoption and Revision Dates ...... 36 Draft 8-12-19 ii 7.6 - FLOODPLAIN ZONING ORDINANCE 7.6.1 STATUTORY AUTHORIZATION, FINDING OF FACT,,STATEMENT OF PURPOSE, TITLE AND GENERAL PROVISIONS 7.6.1 .1 STATUTORY AUTHORIZATION This Ordinance is adopted pursuant to the authorization in ss 59 .(39, 59.692 and 59 .694 and the requirements in ss 87.30, Stats. 7.6.1 .2 FINDING OF FACT Uncontrolled development and use of the floodplains and rivers of, Portage County this municipality would impair the public health, safety, convenience, general welfare and tax ba~e. 7.6.1.3 STATEMENT OF PURPOSE This Ordinance is intended to regulate floodplain development to: (1) Protect life, health and property; (2) Minimize expenditures of public funds for flood control projects; (3) Minimize rescue and relief efforts undertaken at the expense of the taxpayers; (4) Minimize business interruptions and other economic disruptions; (5) Minimize damage to public facilities in the floodplain; (6) Minimize the occurrence of future tlood blight areas in the floodplain; (7) Discourage the victimization of unwary land and homebuyers; (8) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and (9) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain . 7.6.1.4 TITLE This Ordinance shall be known as the Floodplain Zoning Ordinance for Portage County, Wisconsin. 7.6.1.52 GENERAL PROVISIONS (1) ~ AREAS TO BE REGULATED This Ordinance regulates all areas that would be covered by the regional flood or base flood-: as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A 1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO Zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply. Nate: Base flees elevatiens are serives frem the flees preflles in the Flees lns1;Jranoe St1;Jsy. Re€Jienal flees elevatiens Fflay 13e serives frem ether st1;Jsies . Areas oeveres 13y the ease flees are isentifles as A Zanes en the rises lns1;Jranoe Rate Map. Draft 8-12-19 (2) ~ OFFICIAL MAPS & REVISIONS The boundaries of all floodplain districts are designated as floodplains or A or AE Zones on the maps based on the Flood Insurance Study (FIS) listed below ans revisiens in the Perta€)e Ceunty FleeE113lain /\1313enElix . Any chahge to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change (LOMC) process (sees. 7.6.8 Amendments) before it is effective. No changes to regional flood elevations (RFE's) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Portage County Planning and Zoning Department, Portage County. If more than one map or revision is referenced, the most restrictive information shall apply. (a) OFFICIAL MAPS: Based on the FIS : Flood Insurance Rate Map (FIRM), panel numbers 55097CINOA, 55097C0020D, 55097C0025D, 55097C0040D,55097C0041D, 55097C0042D, 55097C00430,55097C0044D, 55097C0065D, 55097C0070D,55097C0090D, 55097C0115D, 55097C01200,55097C0140D,55097C0155D, 55097C0160D,55097C0165D, 55097C0170D, 55097C0180D,55097C0181D, 55097C0182D, 55097C0183D,55097C0184D, 55097C0190D, 55097C0192D,55097C0195D,55097C0205D, 55097C0210D,55097C0211D, 50097C0213D, 55097C0220D,55097C02300,55097C0255D, 55097C0260D,55097C0265D, 55097C0270D,55097C0280D,55097C0290D,55097C0303D, 55097C0304D,55097C0305D, 55097C0308D, 55097C0309D,55097C0310D,55097C0326D, 55097C0327D,55097C0328D, 55097C0329D,55097C0331D,55097C0333D, 55097C0380D, 55097C0383D, 55097C0385D, 55097C0395D, 55097C0405D, and 55097C0415D dated July 20 , 2009; with corresponding profiles that are based on the Flood Insurance Study (FIS), July 20, 2009, 55097 CVOOOA. (b) 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. 1. Portage County Dam Failures a. Jordan Dam Field File 49.08 Study titled: DAMBRK Analysis Inspection Report Prepared by: Lampert, Lee and Associates Dated: May 19, 1994 Approved by the WDNR on March 1, 1995 Map titled: Appendices C Hydraulic Shadow Map Map dated: May 12, 1994 Data table titled: Appendices E Failure of dam Profile titled: Appendices E Failure of dam. b. Spring Creek Dam Field File 49.1 O Study titled: Spring Creek Dam Failure Analysis and Assessment Prepared by: VPI Engineering LLC Dated: May 17, 2017 Approved by the WDNR on August 10, 2017 Map titled: Exhibit 2- flood hazard map Map date: None Data table: Table 3 Dam Failure (piping breach) column Profile title: None c. Fountain Lake Field File 49.15 Study titled: Dam Failure Analysis and Assessment Prepared by: General Engineering Company Dated: November 2014 Draft 8-12-19 2 Approved by WDNR on January 13, 2015 Map titled: DFA Floodplain Sheet C2.0 Map date: November 24, 2014 Data table: Table 2 Exhibit 4 Profile titled: Exhibit 3 Dam hydraulic shadow profile (3) ~ ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS The regional floodplain areas are divided into three districts as follows: (a) 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 and are contained within AE Zones as shown on the FIRM. The hydraulic shadow, as shown in the adopted dam failure analysis report listed in 7.6.1.5(2)(b)1, shall be regulated as a Floodway District unless delineated as a Floodfringe District by the report. (b) The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway and displayed as AE Zones on the FIRM. (c) The General Floodplain District (GFP) is those areas that have 13een er may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A Zones on the Fl RM. (4) ~ LOCATING FLOODPLAIN BOUNDARIES Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in paragraphs (1) or aRa (2) below. If a significant difference exists, the map shall be amended according to s. 7.6.89. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a Zoning Permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to s. 7.6.78(3) and the criteria in (a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to s. 7.6.8 Amendments. (a) 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. (b) Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale. Neta: Where the flood profiles are based on established base flood elevations frorn a f=IRM, f=EMA m1:1st also apprmre any map amendment pursuant to s. 7.6.9.1 (6). (5) ~ REMOVAL OF LANDS FROM FLOODPLAIN Compliance with the provisions of this Ordinance 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 s.7.6. 8 ~ Amendments. Note: This 13reses1:1re sees net reme11e the reE11:1irements for the mansatery 131:1rohase ef flees ins1:1ranse . The 13re13erty ewner FA1:1st oentast FEMA te reE11:1est a Letter ef Ma13 Chan9e (LOMG) . (6) ~ COMPLIANCE Any development or use within the areas regulated by this Ordinance shall be in compliance with the terms of this Ordinance, and other applicable local, state, and federal regulations. Draft 8-12-19 3 (7) ~ MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if s13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt whens. 30.2022, Stats., applies. · (8) ~ ABROGATION AND GREATER RESTRICTtONS (a) This Ordinance supersedes all the provisions of,any municipal zoning ordinance enacted under ss. 59.69, 59.692 or 59.694 ors 87.30, Stats., which relate to floodplains. A If another Orainanse is more restrictive than this Orainanse, that Ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. (b) This Ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. (9) ~ INTERPRETATION In their interpretation and application, the provisions of this Ordinance are the minimum requirements liberally sonstF1:Jstea 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 Ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of this adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance. (10) ~ WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this Ordinance are based on engineering experience and &GieAtifiG research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This Ordinance does not imply or guarantee that non-floodplain areas or permitted flpodplain uses will be free from flooding and flood damages. Ner sees t This Ordinance does not create liability on the part of, or a cause of action against, Portage County the mYRisipality or any officer or employee thereof for any flood damage that may result from reliance of this Ordinance. (11) ~ SEVERABILITY Should any portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected. (12) ~ ANNEXED AREAS FOR CITIES AND VILLAGES The Portage County Floodplain Zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by Portage County the m1cJnisiJ:1ality for all annexed areas until the city or village FF11cJnisipality adopts and enforces an Ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, and the National Flood Insurance Program (NFIP). These annexed lands are described on the city or village m1cJnisiJ:1ality'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 losation of the floodway location. 7.6.2.1 J GiN&:RAb Di\/&:bOPMliNT STANDARDS 7.6.2 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS Draft 8-12-19 4 Portage County shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or R:iodified and adec;i1,1ately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials resistant to flood damage; be constructed sy R:iethods aAd wastises that to minimize flood damages -i- and to ensure utility and mechanical equipment is se s0Astr1,1sted with elestrisal, heatiA€J, veAtilation, pl1,1R:isiA€J , aAd air soAditioAiA€J ec;i1,1ipR:ieAt aAd other servise fasilities designed and/or located so as to prevent watenfrom entering or accumulating within the equipment components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standard s. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this Ordinance and all other requirements ins. 7.6.7.1 (2) . Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages. 7.6.3 G'5N'5RAL STANDARDS APPLICA8bli TO Alb FLOODPLAIN DISTRICTS 7.6. 2J.1 HYDRAULIC AND HYDROLOGIC ANALYSES (1) Exsept as allowed iA para€)raph J selow,A No floodplain development shall: (a) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase mg in the regional flood height; or (b) Cause any increased in the regional flood height due to floodplain storage area lost. , whish ec;i1,1als or exseeds Q.Q1 feot. (2) The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, s, Q.Q1 feet er mere, based on the official ly adopted FIRM or other adopted map, unless provisions of s. 7.6.8 ~ are met. (J) Osstr1,1sti0As or iAsreases ec;i1,1al teer greater thaR Q.Q1 feot R:iay eRly se perR:iitted if ameAdR:ieAts are R:iade to this OrdiAaAse, the offisial Flood,alaiR 2eRiRg Maps, floe~vay liRes aRE:I \•.iater s1,1rfase prefiles iA assordaAse withs. 7.e.Q. Neta: This sestieR refers te ebstr1;1sti0Rs or iRsreases iA ease flees elevatieRs as sho'.'m OR the offisially ado13ted FIRM or other aElo13ted R:ia13. ARy S1:;J6h alteratioAs R:i1:1st be reviewed aRd a1313roved sy FeMA aRd the mJR 7.6. 2J.2 WATERCOURSE ALTERATIONS No Zoning Permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices , and required the applicant to secure all necessary state and federal permits. The standards of s. 7.6.2.1 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation , the ZoAiA€J /\dR:iiAistrator sl:iall Rotify FEM'\ of the shaA€Jes sy s1:1sR:iittiA€J aA a1313ropriate teshAioal or ssieAtifis Elata iA asoordaAoe with NFIP €)1:lideliAes that shall se 1:1sed to revise the FIRM, risk 13reR:ii1:1R:i rates aAd flood13laiA R:iaAa€JeR:ieAt re€)1,1lati0As as ~ and pursuant to s. 7.6.8 Amendments, Portage County shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMG process. 7.6. 2J.3 CHAPTER 30, 31, WIS STATS, DEVELOPMENT Development which requires a permit from the Department, under chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the flooElway liRes, water surface wofiles, BFE's estaslished iA the FIS, or other data from the Draft 8-12-19 5 effisially aEle13teEI i;::1RM , er ether fleeE113lain zening ma13s er the Floodplain Zoning Ordinance are made according to s. 7.6. 89: 7.6. 2J!4 PUBLIC OR PRIVATE CAMPGROUNDS Public. or private campgrounds shall have a low flood damage potential and shall meet the following provisions: (1) The campground is approved by the Department of Health and Human Services; (2) A Zoning Permit for the campground is issued by the Zoning Administrator; (3) The character of the river system and the campground elevation Bf the sam139reunEI is are such that a 72-hour warning of an impending flood can be given to all campground occupants; (4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation; (5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. (4) -to remain in compliance with all applicable regulations, including those of the state Department of Health anEI Family Services and all other applicable regulations. (6) Only camping units that are fully licensed, if required, and are ready for highway use are allowed. (7) The camping units may shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. (8) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section. (9) Portage County The munisi13ality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section. ( 10) All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either s. 7.6.3, 7.6.4, ors-: 7.6.5 for the floodplain district in which the structure is located. (11) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued. (12) All service facilities, including but not limited to refuse collection , electric service, flatufal gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation. 7.6.2.5 FLOODED AGRICULTURE- CRANBERRY FARMS (FA-C) (1) STATEMENT OF PURPOSE: The Federal government created the National Flood Insurance Program (NFIP) to establish flood risk zones and to provide flood insurance to property owners in communities that Draft 8-12-19 6 adopt and enforce floodplain regulations in accordance with regulatory floodplain maps approved by the Federal Emergency Management Agency (FEMA). In recognition of the NFIP's requirements, the following ordinance provisions shall apply to Flooded Agriculture - Cranberry Farms (FA-C) . : Cranberry farming uses extensive water management systems that are often located in areas designated as a Special Flood Hazard Area (SFHA) .. Within the SFHA, this Ordinance establishes the minimum floodplain regulations, which apply to maintenance and FA-C development activities and it preserves the orderly and efficient use of land for agricultural purposes. The provisions of this Ordinance are limited to floodplain management requirements. This section is designed toiclarify permit procedures for routine activities related to cranberry culture. I! (2) APPLICABILITY: The Ordinance provisions for this district shall apply to all Flooded Agriculture - Cranberry Farms (FA-C) in the SFHA as identified on the effective Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) for Portage County. The intent of this district is to provide a consistent regulatory framework for both maintenance and development activities, which are required for the efficient management of a cranberry farming operation. These provisions describe the activities associated with FA-C, the potential for each activity to impact the Base Flood Elevation (BFE) or floodway and the requirements for each activity. This Ordinance does not apply to the construction, maintenance, repair or modification of any building in this district. Buildings and all other development activities not associated with cranberry farming are regulated by other sections of this Floodplain Zoning Ordinance. (3) PERMITTED USE: Any use or FA development activity, which occurs in a FA-C must meet the requirements in this section. (4) DEFINITIONS. In this section: (a) "Department" means the Wisconsin Department of Natural Resources. (b) "Existing cranberry farm" means the area of established cranberry farming as established pursuant to Section 7.6.2.5(5). (c) "FA-C" means the portions of the existing cranberry farm as defined in section 7.6.2.5(5) and that are subject to the SFHA regulations. (d) "FA-C development activities" are development activities listed in Section 7.6.2.5(6) (d). FA-C development activities do not include maintenance activities and do not include the construction, maintenance, repair or modification of any building. (e) "Permit required" means that a FA-C Permit is required. (f) "Perimeter dike" means the dike or system of dikes that are closest to the boundary line of the existing cranberry farm, usually the outermost dike. (g) "Maintenance activities" are activities identified in Section 7.6.2.5(7)(f) that take place within the boundary of an existing cranberry farm. (h) "Special Flood Hazard Area (SFHA)" means an area having special flood hazards and is shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map as an A, or AE zone. (5) ESTABLISHMENT OF EXISTING CRANBERRY FARM: The construction or maintenance of a building is not covered by this section. (For construction or maintenance, please refer to sections 7.6.3, 7.6.4, 7.6.5.1 of the Ordinance.) Draft 8-12-19 7 (a) To establish the boundary of an "existing cranberry farm," a person must file,with the community a certified legal description of the farm boundary as it existed on July 20, 2009. The area of existing use includes all farm production areas, all farm support land and all farm support areas including dikes, impoundments, water storage reservoirs, ditches, sand stockpiles and roads. The area of established use does not include buildings. (b) Upon issuance of the FA-C permit, the FA-C development that is completed in accordance with the FA-C permit shall be established as an existing cranberry farm upon completion. (6) REQUIREMENTS FOR NEW FA-C DEVELOPMENT ACTIVITIES IN FLOODED AGRICULTURE DISTRICTS- CRANBERRY FARMS (For construction or maintenance, please refer to sections 7.6.3, 7.6.4, 7.6.5.1 of the Ordinance.) (a) A Zones: FA-C development activities in an A Zone may not cause a cumulative impact on the base flood elevation (BFE) of more than 1.0 (one) foot at any point on the waterway. If any project causes an increase in flooding elevations that would impact other properties, then the provisions of the community's floodplain zoning standards apply. Increases equal to or greater than one foot would require submittal of the engineering study to FEMA for a Conditional Letter of Map Revision (CLOMR). It is the project sponsor's responsibility to contract for and submit the engineering study to the community. All studies shall be reviewed and approved by the Department at the community's request. It is the community's responsibility to determine if the project meets the district criteria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary. (b) AE Zones: FA-C development activities in the designated floodway of an AE Zone must be analyzed using the current, effective hydraulic model to ensure that the project does not cause an increase to the BFE. If any project causes an increase in flooding elevations that would impact other properties, the provisions of NR 116.11 (3) apply. Any increase requires submittal of the engineering study to FEMA for a Conditional Letter of Map Revision (CLOMR). It is the project sponsor's responsibility to contract for and submit the engineering study to the community. All studies shall be reviewed and approved by the Department at the community's request. It is the community's responsibility to determine if the project meets the district criteria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary. (c) All FA-C development activities require a FA-C permit in accordance with Section 7.6.2.5(9). (d) FA development activities include: 1. New Dikes and Impoundments. Construction of a dike or an impoundment outside the boundary of existing cranberry farm. Includes the use of heavy machinery. 2. New Ditches. Construction of a new ditch outside the boundary of existing cranberry farm . Includes the use of heavy machinery to dig the ditch and the removal of plant and debris material. 3. New Farm Roads. Construction of a farm road outside the boundary of existing cranberry farm. Includes the placement of materials as appropriate to build a road that is adequate for expected loads. 4. New Reservoirs. Construction of a reservoir outside the boundary of existing cranberry farm. Includes the use of heavy machinery for excavation. 5. Sand Mining. Sand Mining outside the boundary of existing cranberry farm. Includes the extraction and stockpiling of sand using heavy equipment or hydraulic dredges. Draft 8-12-19 8 6. New Water Control Structures. Placement of a water control structure in a ditch or reservoir outside the boundary of existing cranberry farm. Includes the placement of a bulkhead or other water control structure in a dike to control water movement in ditches and reservoirs. Rip rap and other material may be used to prevent erosion and failure of the structure. 7. New Bed Construction. Construction of a new cranberry bed outside of the boundary of an existing cranberry farm. (7) MAINTENANCE ACTIVITIES. (a) Maintenance activities conducted in accordance with Section 7.6.2.5(8) in the designated floodplain of an A Zone or an AE Zone will not cause an increase in the BFE. (b) Maintenance activities do not require an FA-C permit. (8) REQUIREMENTS FOR MAINTENANCE ACTIVITIES IN FLOODED AGRICULTURE - CRANBERRY FARMS (a) Maintenance activities must take place within the boundary of an existing cranberry farm and below the top of the existing perimeter dike. (b) Maintenance of dikes or impoundments must be conducted such that the height of the existing dike or impoundment is maintained. (c) No spoil materials may be placed such that the height of the top of the perimeter dike on an existing cranberry farm is increased above the established height of the perimeter dike. If spoils materials are placed outside of the existing farm perimeter dike but within the existing farm boundary, then they must be placed outside of the SFHA, must meet the cumulative impact requirement for an A Zone or must be in the non-floodway portion of an AE Zone. (d) Maintenance activities include the following: 1. New Bed Drainage within Boundary of Existing Cranberry Farm. Includes installation of drain tiles to improve water management; creation of perimeter ditches around the bed area (inside the impoundments) to direct water on and off the bed; and/or installation of water control structures on ends of beds to allow for flooding and drainage. 2. Bed Drainage - Renovation within Boundary of Existing Cranberry Farm. Includes installation of drain tiles to improve water management; creation of perimeter ditches around the bed area (inside the impoundments) to direct water on and off the bed; and/or installation of water control structures on ends of beds to allow for flooding and drainage. 3. New Bed Leveling within Boundary of Existing Cranberry Farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is deposited onto the bed surface as needed to achieve a level surface with a slight crown in the center such that water drains to the edges of the bed . Beds are entirely surrounded by dikes. 4. Bed Leveling - Renovation within Boundary of Existing Cranberry Farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is deposited onto the bed surface as needed to achieve a level surface with a slight crown in the center such that water drains to the edges of the bed. Beds are entirely surrounded by dikes. 5. New Bed Planting within Boundary of Existing Cranberry Farm. Vines are planted into the bed surface using plugs, mechanical planting equipment and/or vines spread on the ground and pushed into the surface with a modified disc. Beds are entirely surrounded by dikes. Draft 8-12-19 9 6. Bed Planting - Renovation within Boundary of Existing Cranberry Farm. Vines are planted into the bed surface using plugs, mechanical planting equipment and/on vines spread on the ground and pushed into the surface with a modified disc. Beds are entirely surrounded by dikes. 7. New Bed Removal of Materials or Scalping within Boundary of Existing Cranberry Farm. Existing plant material is removed. Plant material is loaded into trucks and removed. 8. Bed Removal of Materials or Scalping - Renovation within Boundary of Existing Cranberry Farm. Existing plant material is removed. Plant material is loaded into trucks and removed. 9. New Bed Sanding within Boundary of Existing Cranberry Farm. Sand is deposited onto the bed surface using heavy equipment to bring the planting surface to the desired level. 10. Bed Sanding - Renovation within Boundary of Existing Cranberry Farm. Sand is deposited onto the bed surface using heavy equipment to bring the planting surface to the desired level. 11 . Dike - Seeding. Reservoirs and bed dikes are seeded to stabilize banks and prevent erosion. Most seeding is done with a hydro seeder after a suitable planting medium has been placed on the area to be seeded. 12. New Dike or lmpoundment within Boundary of Existing Cranberry Farm. New construction of dikes and impoundments and placement of new water control structures within the established perimeter of an existing cranberry farm. 13. Dike or lmpoundment - Repair/ Maintenance of Existing Structures. Includes excavating adjacent to dikes to increase storage capacity and control of water flow, excavating sand from a reservoir to increase the water storage capacity, installation of splitter dikes to manage water flow and subdivide reservoirs, and replacement of existing water control structures. 14. Ditch - Cleaning and Maintenance of Existing D.itches. Drainage and irrigation ditches are cleaned using heavy equipment to remove plant material and debris. Spoils cannot be placed on the ditch side of any adjacent dike. 15. New Ditch within Boundary of Existing Cranberry Farm. New ditches are constructed using heavy machinery. Plant material and debris are removed. 16. Farm Road - Maintenance of Existing Roads. Farm roads are graded and repaired to maintain height, stability and width. Sand or gravel is placed in damaged areas. Culverts are replaced. Roads are mowed to prevent growth of brush or flowers that serve as competition for pollinators. 17. New Farm Road within Boundary of Existing Cranberry Farm. Farm roads are constructed using placement of materials as appropriate for the loads expected to be carried. 18. Harvest - Flood. Water is released from storage areas and gravity flowed or pumped into production (cranberry bed) areas. An initial "raking" flood of 6 to 12 inches is applied. After harvest machinery moves through the beds, the water level is increased above the vine canopy to allow the fruit to be corralled and removed. 19. Irrigation - Flood. Water is released from the reservoir or pumped onto the beds to provide a flood for insect control or protection during severe weather. Water is then returned to the reservoir or other water body. 20. Irrigation System Maintenance and Renovation. Periodic repair of cranberry bed sprinkler systems includes nozzle replacement; mainline replacement with aluminum or plastic materials; burial of laterals; upgrades to pumping systems and construction of pumping stations within the perimeter of the most-external impoundment of the farm. Draft 8-12-19 10 21 . Reservoir Maintenance and Construction of Reservoirs within the Boundary of Existing Cranberry Farm. Reservoirs are periodically excavated to alter or maintain depth levels. Heavy equipment is used for excavation. (9) FA-C PERMITS. A FA-C permit shall be obtained before any development in the FA-C may be initiated. Application to the zoning administrator shall include: (a) GENERAL INFORMATION. 1. Name and address of the applicant, property owner and contractor; 2. Legal description of the proposed development area; and 3. Statement that the proposed use is cranberry farming. (b) SITE DEVELOPMENT PLAN. A site plan drawn to scale shall be. submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the proposed development area; 2. Location of the ordinary high-water mark of any abutting navigable waterways; 3. Location of any structures with distances measured from the lot lines and street center lines; and 4. Location of SFHA floodplain and floodway limits as determined from the official floodplain zoning maps. (c) A ZONE APPLICATION. An application for FA-C development activity in an A zone shall include a certificate of no-rise, or a technical analysis sufficient to show that the proposed development will not cause a cumulative impact on the base flood elevation (BFE) of more than 1.0 (one) foot within the regulatory floodplain of a particular reach on the waterway. (d) AE ZONE APPLICATION. An application for FA-C development activity in an AE zone shall include submission of a certificate of no-rise. If the analysis shows the project will cause an increase greater than 0.00 feet in the BFE, then the project sponsor shall provide the community with information necessary for the community to evaluate the proposed project. 7.6.34 FLOODWAY DISTRICT (FW) 7.6.34.1 APPLICABILITY This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 7.6.5e.4. 7.6.34.2 PERMITTED USES The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District if: • They are not prohibited by any other Ordinance; • They meet the standards in s.7.6. 34.3 and 7.6. 34.4; and • All permits or certificates have been issued according to s. 7.6. 78.1 . (1) Agricultural uses, such as: farming, outdoor plants nurseries, horticulture, viticulture and wild crop harvesting. Draft 8-12-19 11 (2) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. (3) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of s. 7.6.34.3(4). (4) Uses or structures accessory to open space uses, or classified as historic structures that comply with ss . 7.6.34.3 and 7.6.34.4. (5) Extraction of sand gravel or other materials that comply with s.7.6. 34.3(4). (6) Functionally water-dependent uses, such as docks, piers or,wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30, 31, Stats. (7) Public utilities, streets and bridges that comply withs. 7.6.4.3(3). 7.6. 34.3 STANDARDS FOR DEVELOPMENT IN FLOODWAY AREAS (1) GENERAL (a) Any development in the floodway af8a6 shall comply withs. 7.6.2a and have a low flood damage potential. (b) Applicants shall provide the following data to determine the effects of the proposal according to s. 7.6.2~.1 and 7.6.7.1 (2)(c): 1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or 2. An analysis calculating the effects of this proposal on regional flood height s. (c) The Zoning Administrator shaH deny the permit application if the project will cause any increase in the flood elevations upstream or downstream 0.01 feet er mere, based on the data submitted for paragraph (b) above. (2) STRUCTURES Structures accessory to permanent open space uses, including utility and sanitary facilities slassifies as histeris str1::1st1::1res, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: (a) The strnst1::1res are n Not designed for human habitation, aRG does not have a high flood damage potential and is constructed to minimize flood damage; (b) Shall either have the lowest floor elevated to or above the flood protection elevation and shall meet all the following standards:The strnst1::1res m1::1st net el3str1::1st flew er flees waters er sa1::1se any insrease in flees levels s1::1rin9 the ess1::1rrense ef the re9ienal flees. Strnst1::1res shall 13e senstrnstes with the len9 a*is parallel te the flew ef fleeswaters ans en the same line as asjeinin9 str1::1st1::1res; 1. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding; Draft 8-12-19 12 2. Have structural components capable of meeting all provisions of s. 7.6.3.3(2)(g) and; I 3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 7.6.3.3(2)(g). (c) Must be The strnst~res are properly anchored to resist flotation prel/ent them from floating away, collapse, and lateral movement; ing, mo'ling laterally, or restristing 13riGge openings or other restristeg sestions of the stream or ri'ler; aRG (d) The str~st~res have all sePJise fasilities , insl~Ging m Mechanical and utility equipment must be elevated Gf-flooa f*OOfee-to or above the flood protection; and I (e) Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (f) For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets or exceeds the following standards: 1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open. (g) Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood : 1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup; 2. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors; 3. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and 4. Placement of utilities above the flood protection elevation. (3) PUBLIC UTILITIES, STREETS AND BRIDGES Public utilities, streets and bridges may be allowed by permit, if: (a) Adequate floodproofing measures are provided to the flood protection elevation; and (b) Construction meets the development standards of s. 7.6. 2J.1. (4) FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: (a) The requirements of s. 7.6. 2J.1 are met; (b) No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Draft 8-12-19 13 Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and tAe all other requirements ef this sestieA are have been met; (c) The fill or other materials will be protected against erosi'on by riprap, vegetative cover, sheet piling or bulkheading; and (d) The fill is not classified as a solid or hazardous material. 7.6.34.4 PROHIBITED USES All uses not listed as permitted uses ins. 7.6.34.2 are prohibited, including the following uses: (1) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses; I I (2) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; : (3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts; (4) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local Ordinances and ch . SPS 383 COMM 8J, Wis. Ad. Code. (5) Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local Ordinances and chs. NR 811 and NR 812, Wis. Adm. Code; (6) Any solid or hazardous waste disposal sites; (7) Any wastewater treatment ponds or facilities, except those permitted under s NR 110.15(3)(b), Wis. Adm . Code; (8) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied. (Q) Meeile resFealieAal v~t:tisles, ti:avel traileFS, ~ark 1:1Aits that are e1:1tsiae 9f existiA§ estaelishea sam~9re1:1AEls . 7 .6.45 FLOODFRINGE DISTRICT (FF) 7.6.4a.1 APPLICABILITY This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s. 7.6.Se.4. 7.6.4a.2 PERMITTED USE·S Any structure, land use, or development is allowed in the Floodfringe District if the standards ins. 7.6. 4&.3 are met, the use is not prohibited by this or any other Ordinance or regulation and all permits or certificates specified in s. 7.6.7 8.1 have been issued. 7.6.4a.3 STANDARDS FOR DEVELOPMENT IN FLOODFRINGE AREAS S. 7.6.2J.1 shall apply in addition to the following requirements according to the use requested. Any existing structures in the floodfringe must meet the requirements of s.7.6.6 Nonconforming Uses. (1) RESIDENTIAL USES Draft 8-12-19 14 Any~ structure, including a manufactured home, which is to be newly efeGte4, constructed reconstrL:Jcted, ~ or moved into the floodfringe afea, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of 7.6.6 Nonconforming Uses. (a) The elevation of the lowest floor, exclL:Jdin€J the easement or crawlway, shall be at or above the flood protection elevation on fill unless the requirements of s. 7.6.4.3(1 )(b) can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure; The Department may aL:Jthorize other floodproofin€J measL:Jres if the elevation of existin€J streets or sewer lines make compliance with the fill standards impractical and the Boars of AdjL:Jstmont €Jrants a variance ; (b) The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation; (c) Contiguous dryland access shall be provided from a structure to land outside of the floodplain,: except as provided in paragraph ( d); (d) In developments where existing street or sewer line elevations make compliance with paragraph (c) impractical, Portage County tho mL:Jnicipality may permit new development and substantial improvements where aGGeSS roads are at-Gf below the regional flood elevation if: 1. Portage County tho mL:Jnicipality has written assurance fGr.m from police, fire and emergency services that rescue and relief will be provided to the strudure(s) by wheeled vehicles during a regional flood event; or 2. Portage County the mL:Jnicipality has a Ratl:ual disaster plaR appr:eved ey Wisconsin Emor€Jency Mana€Jement and tho Department. DNR-approved emergency evacuation plan. (e) rloor area mL:Jst ee 4QQ SE1L:Jare foot for seasonal eccL:Jpaney aREI 720 S€1l:lare feet for year roL:Jnd occL:Jpancy in appropriate Zonin€J District. (2) ACCESSORY STRUCTURES OR USES (a)'Except as pro 11iElod in par. (e), aR a Accessory structures wf:tieh is not connected to a principal stFL:JctL:Jro may shall be constructed on fill with the it& lowest floor at or above the regional flood elevation. (e) Any accossor:y stR::1shne or L:Jse whict:I is Ret 69RRecteEI to a principal strL:JctL:Jre and ·Nf:lich is loss than eQQ S€1l:lare foot in size and valL:Jod loss tt:laR $1Q,QQQ may so constR::16ted ·11ith its le'Ye&t floor no mere than two feet eelow tho ro€Jional flood elevation, sL:Jt>ject to flooe ·,elaeities of no moFe tt:laR two feet per second, and st:iall meet all the provisions of ss . 7.e.4 .J(2)(a), (13), (c), (d) and sL:Je . (a) belew,. (3) COMMERCIAL USES Any commercial structure which is erected, altered or moved into the floodfringe afea shall meet the requirements of s. 7.6.4a.3(1 ). Subject to the requirements of sub. 7.6.4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (4) MANUFACTURING AND INDUSTRIAL USES Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe afOa-Shall-ee protected to have the lowest floor elevated to or above the flood protection elevation L:Jsin€J fill, levees, flooElu:alls, or etAeF meet the floodproofing measures ins. 7.6. 78.5. Subject to the requirements of sub. 7.6.4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (5) STORAGE OF MATERIALS Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in Draft 8-12-19 15 compliance withs. 7.6. 7g.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. (6) PUBLIC UTILITIES, STREETS AND BRIDGES All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and (a) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of ans s1:.1estantial im13Fovements to such facilities shall may only be permitted if they are designed to comply floos13rnofes in som13lianse withs. 7.6. 78.5 te-tRe floos 13Fbtestion ele.,ation; (b) Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withst~nd flood forces to the regional flood elevation. (7) SEWAGE SYSTEMS All GR-sUe sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system flooEll')rnotes, pursuant to s. 7.6.7g.5(3), to the flood protection elevation and SRaU meet the provisions of all local Ordinances and ch. SPS 383 COMM BJ, Wis. Adm. Code. (8) WELLS All wells shall be designed to minimize or eliminate infiltration of flood water into the system flo0El13Foofoa, pursuant to s. 7.6. 7g.5(3), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm . Code. (9) SOLID WASTE DISPOSAL SITES Disposal of solid or hazardous waste is m prohibited in floodfringe areas. (10) DEPOSITION OF MATERIALS Any deposited material must meet all the provision of this Ordinance. (11) MANUFACTURED HOMES (a) Owners or operations of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities. (b) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: 1. Have the lowest floor elevated to the flood protection elevation; and 2. Be anchored so they do not float, collapse or move laterally during a flood. (c) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe ins. 7.6. % .3(1). (12) MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements ins. 7.6.4a.3(11 )(b) and (c). A Draft 8-12-19 16 mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. 7.6.56 GENERAL FLOODPLAIN DISTRICT (GFPo) 7.6.Se.1 APPLICABILITY The provisions for this district shall apply to all floodplains mapped as A zones. fer whish flees 13refiles are net availa9le er where fleeEI 13refiles are availa91e 9ut fleeElways have Ret 9eeR EleliReateEI. i;::1eeElway aREI fleeElfriR€Je Elistrists shall 90 EleliReateEI wheR aEleE!uate Elata is availa9le. I 7.6.Se.2 PERMITTED USES Pursuant to s. 7.6.Se.4, it shall be determined whether·the proposed use is located within a floodway or floodfringe area. Those uses permitted in floodway (s.7.6.34.2) and floodfringe areas (s .7.6. 4a.2) are allowed within the general floodplain district, according to the standards of s. 7.6.Se.3, provided that all permits or certificates required under s. 7.6.7tt1 have been issued. 7.6. Se.3 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT S. 7.6.34 applies to floodway areas; s. 7.6.4a applies to floodfringe areas. The rest of this Ordinance applies to either district. 7.6. Se.4 DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall: (1) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM. (2) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries; (a) A Hydrologic and Hydraulic Study as specified in s. 7.6. 7.1 (2)(c); ty13isal ·,alley sress sestieR shewiR€J the stream shaRRel, the fleeE113laiR aEljeiRiRg eash siEle ef the shaRRel, the sress sestieRal area te 90 essu13ieEI 9y the 13re13eseEI Elevele13meRt, aREI all histeris hi€Jh water iRfermatieR; (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information; (s)Prefile shewiR€J the sle13e ef the 9ettem ef the shaRRel er flew Ii Re ef the stream ; (4c)Specifications for building construction and materials, floodproofing, filling , dredging, channel improvement, storage, water supply and sanitary facilities. (J) TraRsmit eRe se13y ef the iRfermatieR Elessri9eEI iR 13ars. (1) aREI (2) te the De13artm0Rt Re€)ieRal effise aleR€J with a writteR reE1uest fer teshRisal assistaRse te esta91ish re€JieRal fleeEI elevatieRs aREI , where a13131isa9le , fleeElway Elata . Where the 13revisieRs ef s. 7.e .8.1 (2)(s) a1313ly , the a1313lisaRt shall 13re11iEle all reE1uireEI iRfermatieR aREI som13utatieRs te EleliReate fleoElway 9euRElaries a REI the effests ef the 13rejest eR fleeEI elevatieRs~ 7.6.6+ NONCONFORMING USES Draft 8-12-19 17 7.6.6+.1 1GENERAL (1) APPLICABILITY If these standards conform with s. eQ .€iQ(1Q) , s 87.30, Stats., NR 116.15 Wis. Adm. Code and 44 CFR 59-72, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this Ordinance or any amendment hereto. (2) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this Ordinance may continue subject to the following conditions; (a) No modifications or additions to a nonconforming use or structure shall be permitted, unless they comply with this Ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Orsinary FR Maintenance re13airs are is not considered an e}E!ensien , modification er aesitien; th is ese includes painting, decorating, paneling ans the\ re13lasement ef eaars, winsaws and other nonstructural components and the maintenance repair or replacement of existing private sewage or water supply systems or connections to public utilities. Orsinary FRaintenanse re13airs ee net inslYse a Any costs associated with the repair of damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure; (b) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this Ordinance; (c) Portage County The mYnisi13ality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent; (d) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compl'iance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 7.6.4a.3(1 ). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; (e) No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 7.6.4.3(1 ). (f) If on a per event basis the total value of the work being done under (d) and (e) equals or exceeds 50% of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 7.6.4.3(1 ). Draft 8-12-19 18 (Q4 g) Except as provided in subd. & (h) , if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value. (~ h) For nonconforming strnst1cJres buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building &tN6tl:lfe shall may be permitted in order to restore it to the size and use in effect prior to the damage event after the non floog Gisaster, provided that the nonsonforming strnst1cJre will meet all of the minimum federal code requirements lcJRGer 44Cm Part eQ , or 1cJnGer the reg1cJlations prom1cJlgateg there 1cJnGer below are met and all required permits have been granted prior to the start of construction. 1. Residential Structures a. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of s. 7.6.7.5(2). b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage. c. Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding. d. In A Zones, obtain, review and utilize any flood data available from a federal, state or other source. 2. Nonresidential Structures a. Shall meet the requirements of s. 7.6.6.1 (2)(h)1 a-d. b. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 7.6.7.5 (1) or (2). (f-3)A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with s. 7.6. 34.3(1 ), flood resistant materials are used, and construction practices and floodproofing methods that comply with s. 7.6. 73.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 7.6.6.1(2)(h)1 if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. 7.6. 6+.2 FLOODWAY-AReAS DISTRICT (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a f Floodway afea District, unless such modification or addition: (a) Has been granted a permit or variance which meets all Ordinance requirements; (b) Meets the requirements of s. 7.6.6+.1; Draft 8-12-19 19 (c) Shall Will not increase the obstruction to flood flows or regional flood height; (d) Any addition to the existing structure shall be floodproofed, pursuant to s. 7.6. 7s.5, by means other than the use of fill, to the flood protection elevation. (e) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer fo allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inc~es above the adjacent grade; 2. The parts of the foundation located below the flood protection elevation must be constructed of flood resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4. The use must be limited to parking, building access or limited storage. (2) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health , shall be allowed in a t-Floodway ai:ea District. Any replacement, repair or maintenance of an existing on site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal Ordinance, s 7.6.7.5(3) and ch. SPS 383 COMM 83, Wis. Adm . Code. (3) No new well or modification to an existing well used to obtain potable water shall be allowed in a f Floodway afea-District. Any replacement, repair or maintenance of an existing well in a t-Floodway ai:ea District shall meet the applicable requirements of all municipal Ordinances, s. 7.6.7.5(3) and chs. NR 811 and NR 812, Wis. Adm. Code. 7 .6.6+.3 FLOODFRINGE AREAS-DISTRICT (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by Portage County the m1;1nicipality, and tl=le meElifisatien er aEIElitien shall ee 13laseEI en fill er fleeE113reefeEI ta the fleeEI 13retestien ele·,atien in sem13lianse wUl=I tl=le stanElar:as fer that 13artisl:llar t:Jse in meets the requirements of s. 7.6.4a.3., except wheres. 7.6.67.3(2) is ap.pl.i cable. (2) Where compliance with the provisions of par. 1 would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment, us.ing the procedures established ins. 7.6. 7s.3., may grant a variance from those provisions of par. 1 for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: (a) No floor is allowed below the regional flood elevation for residential or commercial structures; (b) Human lives are not endangered; (c) Public facilities, such as water or sewer, will not be installed; (d) Flood depths will not exceed two feet; (e) Flood velocities will not exceed two feet per second; and (f) The structure will not be used for storage of materials as described ins. 7.6.% .3(5). Draft 8-12-19 20 (J) If neither the pro'lision of par 1 or 2 above can be met, one aEIElition to an existing room in a nonconforming b1:1ilEling or a b1::.1ilEling ·Nith a nonconforming 1:1se may be alloweEl in the flooElfringe, if the aEIElition : (a) Meets all other reg1:1lations anEl will be granteEl by permit or variance ; (b) Does not exceeEl 6Q sq1:1are feet in area; anEl (c) In combination with other pre1Jio1:1s moElifications or aEIElitions to the 131:1ilEling , Eloes not eq1:1al 1or exceeEl §Q% of the !')resent eq1:1alizeEl assesseEl 1Jal1:1e of the b1:1ilEling. ~ 3)AII new private sewage disposal systems, ~ or additions to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local Ordinances s . 7.6.7.5(3) and ch . SPS 383 COMM 8J, Wis. Adm . Code. (a4)AII new wells, ~ or addition to s, replacement, repair or maintenance of a· well shall meet the applicable provisions of this Ordinances. 7.6.7.5(3) and ch . NR 811 and NR 812, Wis. Adm. Code. 7.6.73 ADMINISTRATION ,. Where a Planning anEl zoning Director Zoning Administrator or designated agent, planning agency or a Board of Adjustment has already been appointed to administer a Zoning Ordinance adopted under ss. 59.69 and 59.692, Stats., these officials shall also administer this Ordinance. 7.6.73.1 ZONING ADMINISTRATOR PbANNING ANO ZONING DIRiCTOR (1) DUTIES AND POWERS The Planning anEl zoning Director Zoning Administrator or designated agent is authorized to administer this Ordinance and shall have the following duties and powers: (a) Advise applicants of the Ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications. (b) Issue permits and inspect properties for compliance with provisions of this Ordinance, and issue certificates of compliance where appropriate. (c) Inspect and assess all damaged floodplain structures and performs a substantial damage assessment to determine if substantial damage to the structures has occurred. (d) Keep records of all official actions such as: 1. All permits issued, inspections made, and work approved; 2. Documentation of certified lowest floor and regional flood elevations for flooElplain Ele'lelopmont; 3. Floodproofing certificates; 4. RecorEls of w Water surface profiles, floodplain zoning maps and Ordinances, nonconforming uses and structures including changes, appeals, variances and amendments; 54. All substantial damage assessment reports for floodplain structures; 6. List of nonconforming structures and uses. (e) Submit copies of the following items to the Department Regional office: 1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments; 2. Copies of any case-by-case analyses, and any other required information req1:1ireEl by the Department incl1:1Eling an ann1:1al s1:1mmary of the n1:1mber anEl types of flooElplain zoning actions taken. Draft 8-12-19 21 3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments. (f) Investigate, prepare reports, and report violations of this Ordinance to the Portage County Planning and Zoning Committee and Corporation Counsel attemey for prosecution. Copies of the reports shall also be sent to the Department Regional office. (g) Submit copies of text ane n-:1a13 amendments ane siennial re13er:ts to the FEMA Regional office. (2) ZONING PERMIT A Zoning Permit shall be obtained before any new development; 8f-aRY repair, modification or addition to an existing structure; or change in the use·of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include: (a) GENERAL INFORMATION 1. Name and address of the applicant, property owner and contractor; 2. Legal description, proposed use, and whether it is new construction or a modification; (b) SITE DEVELOPMENT PLAN A site plan drawn to scale shall be submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the lot; 2. Location of the ordinary high-water mark of any abutting navigable waterways; 3. Location of any structures with distances measured from the lot lines and street center lines; 4. Location of any existing or proposed on-site sewage systems or private water supply systems; 5. Location and elevation of existing or future access roads; 6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps; 7. The elevation of the lowest floor of proposed buildings and any fill using North American Vertical Datum (NAVO); 8. Data sufficient to determine the regional flood elevation in NAVO at the location of the development and to determine whether or not the requirements of s. 7.6. 34 or 7.6.4a are met; and 9 Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 7.6. 2i.1. This may include any of the information noted in s. 7.6.34.3(1 ). (c) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department. 1. Zone A floodplains: a. Hydrology i. The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic modeling Draft 8-12-19 22 The regional flood elevation shall be based on the standards .in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. determination of the required limits of the hydraulic mod~I shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study. ii. channel sections must be surveyed. iii. minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping. iv. a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location. ' v. the most current version of HEC_RAS shall be used. vi. a survey of b·ridge and culvert openings and the top of road is required at each structure. vii. additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet. viii. standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices. ix. the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet. c. Mapping A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway. i. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation. ii. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided. 2. Zone AE Floodplains a. Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic model Draft 8-12-19 23 The regional flood elevation shall be based on the standards in ch . NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following : i. Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot. 1 ii. Corrected Effective Model. The Corrected Effective Model shall not include any. man-made physical changes since the effective model date, but shall import the model '. into the most current version of HEC RAS for Department review. iii. Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to date models on which to base the Revised (Post-Project) Model. iv. Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions. v. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes. vi. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and topwidths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated. c. Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions: ; i. Consistency between the revised hydraulic models,·the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans. ii. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised. iii. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries. iv. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM} projection and State Plane Coordinate System in accordance with FEMA mapping specifications. v. The revised floodplain boundaries shall tie into the effective floodplain boundaries. Draft 8-12-19 24 vi. All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme. vii. Both the current and proposed floodways shall be shown on the map. viii. The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map. (o) DATA REQUIREME~JTS TO A~JALYZE DEVELOPME~JTS 1. n1e applioant shall pFevise all sUFvey sata ans oemp1::1tatiens FeE11::1iFes te shew the effeots ef the 13rnjeot en flees hei9hts, veleoities ans fleesplain steFa9e , feF all s1::113sivisien prnpesals, as "s1::113sivisien" is sefines ins. 2Je, Stats., ans etheF prnpeses sevelepments exoeesin9 a aoFes in aFea m wheFe the estimates oest exoeess $12§ ,000. The a13plioant shall ~ a. An analysis ef the effeot ef the sevelepment en the Fe9ienal flees prnfile, veleoity ef flew ans fleesplain steFa9e ~ 13 . A map shewin9 leoatien ans setails ef vehio1::1laF aooess te lanss 01::Jtsiee the fleesplain ; ans o. A s1::1Ffaoe sFaina9e plan shewin9 hmv flees sama9e will 13e minimizeEt . The estimates oest ef the prnpesal shall inol1::1se all stF1::1ot1::1Fal sevelepment, lansssapin9 aooess ans rnas sevele13ment, 1::1tilities, ans etheF peFtinent items, 131::1t nees net inol1::1se lans oests. (d) EXPIRATION All permits issued under the authority of this ordinance shall expire twe yeaFs no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause (3) CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired , rebuilt or replaced shall be occupied until a certificate of compliance is issued by the Zoning Administrator, except where no permit is required, subject to the following provisions: (a) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this Ordinance; (b) Application for such certificate shall be concurrent with the application for a permit; (c) If all Ordinance provisions are met, the certificate of compliance shall be issued within 1O days after written notification that the permitted work is completed; (d) The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that floodproofing measures meet the requirements of s. 7.6.78.5. (4) OTHER PERMITS Prior to obtaining a zoning permit for floodplain development permit, +the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the US Army Corps of Engineers under s.404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334. 7.6.78.2 PLANNING AND ZONING COMMITTEE (1) The Portage County Planning and Zoning Committee shall: (a) Oversee the functions of the office of the Zoning Administrator; and Draft 8-12-19 25 (b) Review and advise the Portage County Board of Supervisors Adj1:Jstment on all proposed amendments to this Ordinance, maps and text. (2) The Planning and Zoning Committee shall not: (a) Grant variances to the terms of the Ordinance in place of action by the Portage County Board of Adjustment; or (b) Amend the text or zoning maps in place of official action by the Portage County Board of Supervisors. 7.6. ?g.3 BOARD OF ADJUSTMENT The Portage County Board of Adjustment, created under s. 59.694, Stats., is hereby authorized or shall be appointed to act for the purposes of Ordinance. The Board shall ex.ercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator shall may not be the secretary of the Board. (1) POWERS AND DUTIES The Board of Adjustment shall: (a) Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this Ordinance. (b) Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map. (c) Variances - Hear and decide, upon appeal, variances from the Ordinance standards. (2) APPEALS TO THE BOARD (a) Appeal to the Board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any deci.sion of the Zoning Administrator Planning and Zoning Director or other Administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the matter appealed. (b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES 1. Notice - the Board shall: a. Fix a reasonable time for the hearing; b. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; c. Assure aRGe that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing. 2. Hearing - Any party may appear in person or by agent. The Board shall: a. Resolve boundary disputes according to s. 7.6. h 3(3). b. Decide variance applications according to 7.6.7g.3(4) . c. Decide appeals of permit denials according to s. 7.6. 7g.4_ Draft 8-12-19 26 (c) DECISION The final decision regarding the appeal or variance application shall: 1. Be made within a reasonable time; 2. Be sent to the Department Regional office within :10 days of the decision; 3. Be a written determination signed by the chairman or secretary of the Board; 4. State the specific facts which are the basis for the Board's decision; 5. Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and 6. Include the reasons for granting an appeal, descr'.ibing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. (3) BOUNDARY DISPUTES The following procedures shall be used by the Board in hearing disputes concerning floodplain district boundaries; (a) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined; (b) In all sases, t The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and (c) If the boundary is incorrectly mapped, the Board should inform the Planning and Zoning Committee or the person contesting the boundary location to petition the Portage County Board of Supervisors governing sody for a map amendment according to s. 7.6. 89. (4) VARIANCE (a) The Board may, upon appeal, grant a variance fGfm from the standards of this Ordinance if an applicant convincingly demonstrates that: ' 1. Literal enforcement of the Ordinance f')rovisions will cause unnecessary hardship; 2. The hardship is due to adoption of the Floodplain Ordinance and unique property conditions, not common to adjacent lots or premises. In such case, the O rdinance or map must be amended; 3. The variance is not contrary to the public interest; and 4. The variance is consistent with the purpose of this Ordinance in s.7.6.1.3. (b) In addition to the criteria in par. (a), to qualify for a variance under FEMA regulations, the following criteria must be met; 1. The variance may shall not cause any increase in the regional flood elevation; 2. Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and 3. Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of this Ordinance. Draft 8-12-19 27 (c) A variance shall not: 1. Grant, extend or increase any use prohibited in the zoning district; 2. Be granted for a hardship based solely on an economic gain or loss. 3. Be granted for a hardship which is self-created; 4. Damage the rights or property values of other persons in the area; 5. Allow actions without the amendments to this Ordinance or map(s) required ins. 7.6. 8 8+4; and 6. Allow any alteration of an historic structure, including its use, which would preclude its c0ntinued designation as an historic structure. (d) When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record. 7.6.7 a.4 TO REVIEW APPEALS OF PERMIT DENIALS (1) The Board of Adjustment shall review all data related to the appeal. This may include: (a) Permit application data listed in s. 7.6.7 8.1 (2); (b) Floodway/floodfringe determination data in s. 7.6. 5a.4; (c) Data listed in s. 7.6.34.3(1 )(b) i . where the appl'icant has not submitted this information to the~ ans Zenin€1 Direster Zoning Administrator or designated agent; and (d) Other data submitted with the application or submitted to the Board with the appeal. (2) For appeals of all denied permits the Board shall: (a) Follow the procedures of s. 7.6. 7&.3; (b) Consider zoning agency recommendations; and (c) Either uphold the denial or grant the appeal. (3) For appeals concerning increases in regional flood elevation the Board shall: (a) Uphold the denial where the Board agrees with the data showing an increase in flood elevation . Increases teer €!Feater than 0.01 feet may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of s. 7.6.8 Amendments: and (b) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase e~1:.1a1 te er €1reater than 0.01 feet provided no other reasons for denial exist. 7.6.78.5 FLOODPROOFING STANDARDS FOR NONCONFORMING STRUCTURES OR USES (1) No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a VVissensin registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate. Draft 8-12-19 28 (2) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either: (a) certified by a registered professional engineer or architect; or (b) meets or exceeds the following standards: 1. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. the bottom of all openings shall be no higher than one foot above grade; and 3. openings may be equipped with screens, lou,,ers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (23) Floodprd.ofing measures shall be designed, as appropriate, to: (a) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; (b) Protect structures to the flood protection elevation; (c) Anchor structures to foundations to resist flotation and lateral movement; (d) Minimize or eliminate infiltration of flood waters; and IRs1:1re that str1:1st1:1ral walls ancl fleers are watertight to the fleecl 13rotestion elevatien, ans the interier Femains som13letely elf)' c:t1:JFiRg fleecling witho1:1t h1:1man intervention. (e) Minimize or eliminate discharges into flood waters. (J4) Floodproofing measures could include: (a) Reinforcing walls and flooFS to resist r1:1pt1:1re or collapse Ga1:1sed by 'Nater press1:1re or floating debris. (b) Adding mass or weight to pr:e·1ent flotation. (c) Placing essential 1:1tilities above tt:le flood proteGtion elevation. (d) Installing s1:1rface or s1:1bs1:1rface drainage systems to relieve fo1:1ndation wall and basement floor press1:1res. (ea) Constructing water supply wel.ls and waste treatment systems to prevent the entry of flood waters. (f) P1:1tting Gbltaff valves on sewer lines or eliminating gravity flow basement drains. (b) Locating all electrical equipment, circuits and installed electrical appliances so as to provide protection from inundation by the regional flood; (c) Locating any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety and welfare at a point above the regional flood elevation or their floodproofing so as to prevent flotation of storage containers, or damage to these which could result in the escape of toxic materials into flood waters. 7.6.73.6 PUBLIC INFORMATION (1) Place marks on structures to show the depth of inundation during the regional flood. (2) All maps, engineering data and regulations shall be available and widely distributed. (3) All real estate transfers should show what floodplain zoning district any real property is in . 7.6.89 AMENDMENTS Obstructions or increases may only be permitted if amendments are made to this Ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance withs. 7.6.8.1 . Draft 8-12-19 29 (1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this Ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 7.6.8.1 . Any such alterations must be reviewed and approved by FEMA and the DNR. (2) In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this Ordinanc~. the official floodplain maps, floodway lines, and water surf.ace profiles, in accordance with s.7.6.8.1. 7.6. 89.1 GENERAL The governing body may shall change or supplement the floodplain zoning district boundaries and this Ordinance in the manner fJre•,ided by law outlined in 7:6.8.2 below. Actions which require an amendment to the Ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following: (41)Any fill or floodway floodplain encroachment that obstructs flow, causing any increase in the iR9 regional flood height; 0.01 foet er FF1ere. · (42)Any change to the~ floodplain boundaries and/or watercourse alterations on the FIRM; zening FF1afl, insh,J€lin9 the flooflway line er bmmflary ef any flooflf)lain area. (3) Any changes to any other officially adopted floodplain maps listed ins. 7.6.1 .5(8); (~ )Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain. (i5) Correction of discrepancies between the water surface profiles and floodplain ~ maps. (e6)Any upgrade to a floodplain zoning ordinance text required bys. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by Portage County the R:n•nisif)ality; and (e7) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. 7.6.89.2 PROCEDURES I Ordinance amendments may be made upon petition of any interested party according to the provisions of s. 59.69, Stats. SYGR The petitions shall include all nesessary data required by ss. 7.6. 5e.4 and 7.6. 73.1 (2) . The Zoning Permit shall not be issued until a Letter of Map Revision is issued by FEMA for t~e proposed changes. (1) The proposed amendment shall be referred to the Portage County Planning and Zoning Committee for a public hearing and recommendation to the Portage County Board of Supervisors. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 59.69, Stats. (2) No amendments shall become effective until reviewed and approved by the Department. (3) All persons petitioning for a map amendment that obstructs flow causing any increase in the iR9 regional flood height 0.01 foet or Fflere, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. (4) For aFF1endFF1ents in areas with no water sl:lrfase f)refiles , the Porta9e Col:lnty Plannin9 and Zonin9 COFFIFFlittee shall sonsider flata Sl:lbFFlitted by the Def)artFF1ent, the zZonin9 AdR=linistrator's 11is1:Jal en site insf)estions anfl ether available inforFF!ation (sees. 7.e.2.4). Draft 8-12-19 30 7.6.9.io · ENFORCEMENT AND PENAL TIES Any violations of the provisions of this Ordinance by any person shall be unlawful and shall be referred to the County Corporation Counsel muRisi13al attemey who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to Portage County the muRisi13ality a penalty of not more less than $50.00 (fifty dollars) aRe Ret meFe thaR $aoo.oo, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this Ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of Portage County the muRisi13a lity, the state, or any citizen thereof pursuant to s. 87.30, Stats. 7.6.10-1- DEFINITIONS Unless specifically defined, words and phrases in this Ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular: The word "may" is permissive, "shall is mandatory and is not discretionary. "A ZONES" - Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. "ACCESSORY STRUCTURE OR USE" - A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. "ALTERATION" - An enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. "Adm." - Administrative "BASE FLOOD" - Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. "BASEMENT" - Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides. "BUILDING" - See STRUCTURE. "BULKHEAD LINE" - A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this Ordinance. " "CAMPGROUND" - Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. "CAMPING UNIT" - Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent , er ether meeile resreatieRal 1.iehisle that is fully licensed, if required, and ready for highway use. "CERTIFICATE OF COMPLIANCE" - A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this Ordinance. Draft 8-12-19 31 "GG." Cl=laf')ter "<;FR" - Code of Federal Regulations. "CHANNEL" -A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. "COMMUNITY" - County. "CRAWLWA YS" OR "CRAWL SPACE" - An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. "D:ECK' - An unenclosed exterior structure that has no roof or sides but has a permeable floor which allows th~ infiltration of precipitation. "DEPARTMENT" - The Wisconsin Department of Natural Resources. "DEVELOPMENT" - Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. "DRYLAND ACCESS" - A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. "ENCROACHMENT" - Any fitl, structure, equipment, building, use or development in the floodway. "eXISTIAJ.G MAA1IJFACTIJReD HOAfli PARK OR SUBDIVISION" A J:larsel ef laREI, £:livi£:le£:I iRte tweer mere mam1fast1::Jre£:I l=leme lets fer reRt er sale , eR wl=lisl=I tl=le seRstr1::JGtieR ef fasilities fer servisiR€J tl=le lets is semf')leteEI 13efere tl=le effestive £:late ef tl=lis erEliRaRse . At a miRiml::lm, this wo1::Jl£:I iRGh,1£:le the iRstallatieR ef 1,1tilities, the senstr1::Jstien ef streets anEI eitl=ler final site €Jra£:lin€) er the f'l81::Jrin€) ef sensrete f}aGS "eXPANSION TO eX/STIAJ.G M{)IJl!.&IMANIJFACTIJRED HOMli PARK" Tl=le f')ref')aratien ef a£:1£:litienal sites 13y tl=le senstFl::JGtien ef fasilities fer servisin€J tl=le lets en whish tl:le maR1::Jfasti,1re£:1 l=lemes are te 13e affi*eEI . Tl=lis insl1::J£:les installatien ef 1::Jtilities , senstr1::Jstien ef str~ets anEI eitl:ler final site €Jra£:lin€J, er tl:le ~e1::Jrin€J if sensrete f')aEls . "FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" - The federal agency that administers the National Flood Insurance Program. "FLOOD" or "FLOODING" - A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters, • The rapid accumulation or runoff of surface waters from any source, • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior, or • The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. "FLOOD FREQUENCY" - The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a Draft 8-12-19 32 specified number of years or as a percent(%) chance of occurring in any given year. "FLOODFRINGE" - That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. "FLOOD HAZARD BOUNDARY MAP" - A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a F!ood Insurance Study and a Flood Insurance Rate Map. "FLOOD INSURANCE RATE MAP" (FIRM) - A map of Portage County on which the Federal Insurance Administration has delineated both s13esial fleas l:lazaFEl aFeas ( the floodplain t and the risk premium zones applicable to Portage County. This map ··can only be amended by the Federal Emergency Management Agency. · "FLOOD INSURANCE STUDY" - A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. "FLOODPLAIN" - Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, .and may include other designated floodplain areas for regulatory purposes. "FLOODPLAIN ISLAND" -A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. "FLOODPLAIN MANAGEMENT" - Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. "FLOOD PROFILE" - A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. "FLOODPROOFING" - Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. "FLOOD PROTECTION ELEVATION" - An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: FREEBOARD.) "FLOOD STORAGE" - Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. "FLOODWA Y" - The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. "FREEBOARD" - A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. Draft 8-12-19 33 "HABITABLE STRUCTURE" - Any structure or portion thereof used or designed for human habitation. "HEARING NOTICE" - Publication or posting meeting the requirements of Ch . 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. "HIGH FLOOD DAMAGE POTENTIAL" - Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its co'ntents . . \ "HIGHEST ADJACENT GRADE" - The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. · "HISTORIC STRUCTURE" - Any structure that is either: • Listed individually in the National Register of Historic Places or prelimin~rily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. "HYDRAULIC SHADOW" - The area of land downstream from a dam that would be inundated by water upon failure of the dam during the regional flood. "INCREASE IN REGIONAL FLOOD HEIGHT" - A calculated upward rise in the regional flood elevation equal to or greater than 0. 00 4 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. "LAND USEn - Any nonstructural use made of unimproved or improved real estate. (Also see "DEVELOPMENT".) . "LOWEST ADJACENT GRADE" - Elevation of the lowest ground surface that touches any of the exterior walls of a building. "LOWEST FLOOR" - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3. "MAINTENANCE" - The act or process of restoring to original soundness, including redecorating, refinishing, non-structural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures. "MANUFACTURED HOME" - A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." Draft 8-12-19 34 "MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION' -A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale. "MANUFACTURED HOME PARK OR SUBDIVISION" - A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads . "MOB/LE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING" - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if . 1 concrete pads. "MOBILE RECREATIONAL VEHICLE" - A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." "MODEL, CORRECTED EFFECTIVE" - A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model. "MODEL, DUPLICATE EFFECTIVE" - A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model. "MODEL, EFFECTIVE" - The hydraulic engineering model that was used to produce the current effective Flood Insurance Study. "MODEL, EXISTING (PRE-PROJECT)" - A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model. "MODEL, REVISED (POST-PROJECT)" - A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions. "MUNICIPALITY'' or "MUNICIPAL" - The county, city or village governmental units enacting, administering and enforcing this zoning ordinance. "NAVD" or "NORTH AMERICAN VERTICAL DATUM' - Elevations referenced to mean sea level datum, 1988 adjustment. "NGVD" er "NATIONAL. G~OD~TJC ~RTJCAL. DATUM" Elevations referenced to mean sea level datum, 1Q2Q adjustment. "NEW CONSTRUCTION" - For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by Portage County and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. "NONCONFORMING STRUCTURE" - An existing lawful structure or building which is not in conformity with Draft 8-12-19 35 the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) "NONCONFORMING USE" -An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) "NONFLOOD DISASTER" - Means fire, ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes a flood. "OBSTRUCTION TO FLOW" - Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. "OFFICIAL FLOODPLAIN ZONING MAP" - That map, adopted and made part of this Ordinance, as described in s. 7.6.2.2, which has been approved by the Department and FEMA. "OPEN SPACE USE" - Those uses having a relatively low flood damage potential and not involving structures. · "ORDINARY HIGH WATER MARK" - The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. "PERSON" - An individual, or group of individuals, corporation, partnership, association, municipality or state agency. "PRIVATE SEWAGE SYSTEM or POWTS"- A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of CeFRmerse Safety and Professional Services (DSPS), including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. "PUBLIC UTILITIES" - Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer. "REASONABLY SAFE FROM FLOODING" - Means base flood waters will not inundate the land or damage structures to be removed from the floodplain s~esial flees t:iazara area and that any subsurface waters related to the base flood wiill not damage existing or proposed buildings. "REGIONAL FLOOD" - A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the Regional Flood Elevation (RFE) is equivalent to the Base Flood Elevation (BFE). "START OF CONSTRUCT/ON'" - The date the Zoning Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within w 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Draft 8-12-19 36 "Stats." - State Statutes "STRUCTURE" -Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. "ss." - Statutes "SUBDIVISION" - Has the meaning given in s. 236.02(12), Wis. Stats. or 7.4 of the County Code off ordinances. "SUBSTANTIAL DAMAGE" - Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. "SUBSTANTIAL IMPROVEMENT" -Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. "UNNECESSARY HARDSHIP" - Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. "VARIANCE" - An authorization by the Portage County Board of Adjustment for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the Floodplain Zoning Ordinance. "VIOLATION" - The failure of a structure or other development to be fully compliant with the Floodplain Zoning Ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. "WATERSHED" - The entire region contributing runoff or surface water to a watercourse or body of water. "WATER SURFACE PROFILE" - A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. "WELL" - means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. "WETLANDS" -means those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. Portage County wetlands are mapped based on the 1984 D~JR Wetland Survey and l=lydric Soils defined in the1998 Portage County Soil Survey. "Wis." - Wisconsin Adopted by County Board November 12, 1973 Draft 8-12-19 37 Date of Public Hearing: March 23, 1983 Date of Adoption: April 19, 1983 Date of Publication: April 23, 1983 Adopted by County Board June 29, 2005 Revised June 17, 2008 Revised Resolution No. 167-2008-2010 on June 16, 2009 Draft 8-12-19 38 WISCONSIN DEPARTMENT OF NATURAL RESOURCES MODEL FLOODPLAIN ORDINANCE FOR WISCONSIN COMMUNITIES Effective July 18, 2017 A cooperative effort of Wisconsin Department of Natural Resource and Federal Emergency Management Agency STATUTORY APPROVAL REQUIREMENTS The public hearing notice must be published twice, THE SECOND TIME AT LEAST 7 DAYS BEFORE THE HEARING, to meet statutory notice requirements to legally adopt fillY....Zoning ordinance or amendment. The community must also furnish a certified copy of the ordinance and proof of publication or posting of the amended ordinance. There are five places in this document where blanks must be completed. After filling in those blanks (and putting in proper map references), publishing a Class 2 public hearing notice, and conducting the hearing, this document may be adopted as is by the municipality's governing body. This model ordinance includes both the minimum regulatory standards required in ch. NR 116, Wis. Admin. Code, and those of the National Flood Insurance Program 44 CFR 59-72. Section 87.30(1)(b), Stats., permits a county, city, village or town to adopt a floodplain zoning ordinance that is more restrictive than the provisions required by the State, but not less restrictive. Other model ordinances are available from DNR, or we will help you develop alternative regulations to meet state and federal guidelines. Submit the proposed ordinance to the DNR Regional Office zoning specialist for review at least 30 days before the public hearing to determine whether it meets all minimum standards. After public hearing and adoption, it is an added expense to change unacceptable ordinance language. No floodplain zoning ordinance amendment is effective until officially approved by DNR. All amendments must also be submitted to the Federal Emergency Management Agency. Model ordinances and FEMA flood insurance maps are periodically revised. Contact the DNR before public hearing or adoption to assure you are using the most recent and accurate map and ordinance text available. A handbook entitled The Floodplain-Shore/and Management Guidebook has been developed and distributed to all counties, cities and villages with floodplain or shoreland zoning ordinances. Look for publication in your municipal zoning office for answers to many questions about floodplain, wetland and shoreland zoning, dam safety, and the NFIP. The Guidebook is also available for download on the DNR website. If possible, please submit your draft ordinance electronically. If you have made any changes to the model ordinance, please note the location of the changes in the draft. The community must fill in these sections prior to adoption: section 1.4 Insert community name 2 1.5(2) Insert source, name, date, and location of official floodplain zoning maps and other related maps 3 1.5(12) Insert name of your county (Counties delete this section) 5 7.2(1) Name of this committee 22 Date of Public Hearing :____ Class 2 Hearing Notice Publication Date of Adoption: _____Dates: Date of Publication: ____(Second must be at least 7 days before hearing, see definition) TABLE OF CONTENTS 1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENTOF PURPOSE, TITLE AND GENERAL PROVISIONS 2 1.1 Statutory Authorization 2 1.2 Finding of Fact 2 1.3 Statement of Purpose 2 1.4 Title 2 1.5 General Provisions 2 ( 1) Areas to be Regulated 2 (2) Official Maps and Revisions 2 (3) Establishment of Districts 3 (4) Locating Floodplain Boundaries 3 (5) Removal of Lands from Floodplain 4 (6) Compliance 4 (7) Municipalities and State Agencies Regulated 4 (8) Abrogation and Greater Restrictions 4 (9) Interpretation 4 (10) Warning and Disclaimer of Liability 5 (11) Severability 5 (12) Annexed Areas for CitiesNillages 5 2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN 5 2.1 Hydraulic and Hydrologic Analyses 5 2.2 Watercourse Alterations 6 2.3 Chapter 30, 31, Wis. Stats., Development 6 2.4 Public or Private Campgrounds 6 2.5 Flooded Agriculture - Cranberry Farms (FA-C) 7 3.0 FLOODWAY DISTRICT (FW) 13 3.1 Applicability 13 3.2 Permitted Uses 13 3.3 Standards for Development 14 3.4 Prohibited Uses 15 4.0 FLOODFRINGE DISTRICT (FF) 15 4.1 Applicability 15 4.2 Permitted Uses 16 4.3 Standards for Development 16 5.0 GENERAL FLOODPLAIN DISTRICT (GFP) 18 5.1 Applicability 18 5.2 Permitted Uses 18 5.3 Standards for Development 18 5.4 Determining Floodway/Floodfringe Limits 18 6.0 NONCONFORMING USES 19 6.1 General 19 6.2 Floodway Districts 21 6.3 Floodfringe Districts 22 7.0 ADMINISTRATION 23 7.1 Zoning Administrator 23 7.2 Zoning Agency 28 7.3 Board of Adjustment/Appeals 28 7.4 To Review Appeals of Permit Denials 31 7.5 Floodproofing 31 7.6 Public Information 32 8.0 AMENDMENTS 32 8.1 General 32 8.2 Procedures 33 9.0 ENFORCEMENT AND PENALTIES 33 10.0 DEFINITIONS 33 -1 1.0 STATUTORY AUTHORIZATION. FINDING Of FACT, STATEMENT Of PURPOSE. TITLE AND GENERAL PROVISIONS 1.1 STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization in s. 61.35 and 62.23, for villages and cities; s. 59.69, s. 59.692, and s. 59.694 for counties; and the requirements in s. 87.30, Stats. 1.2 FINDING Of FACT Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base. 1.3 STATEMENT Of PURPOSE This ordinance is intended to regulate floodplain development to: (1) Protect life, health and property; (2) Minimize expenditures of public funds for flood control projects; (3) Minimize rescue and relief efforts undertaken at the expense of the taxpayers; (4) Minimize business interruptions and other economic disruptions; (5) Minimize damage to public facilities in the floodplain; (6) Minimize the occurrence of future flood blight areas in the floodplain; (7) Discourage the victimization of unwary land and homebuyers; (8) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and (9) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. 1.4 II.IL& This ordinance shall be known as the Floodplain Zoning Ordinance for____ _ Wisconsin. 1.5 GENERAL PROVISIONS (1) AREAS TO BE REGULATED This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply. (2) OFFICIAL MAPS & REVISIONS The boundaries of all floodplain districts are designated as A, AE, AH, AO or A 1- 30 on the maps based on the Flood Insurance Study (FIS) listed below. Any -2 change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (Fl RM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (sees. 8.0 Amendments) before it is effective. No changes to RFE's on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the (a) OFFICIAL MAPS : Based on the FIS: (select one or more of the following map citations that apply to your community; contact your DNR office if you have questions, or go to http://store.msc.fema.gov to access the FEMA Map Store) 1. Flood Insurance Rate Map (FIRM), panel number (fill in community panel number here), dated ({ill in map date here); with corresponding profiles that are based on the Flood Insurance Study (FIS) dated {fill in study date and volume numbers here); 2. Flood Hazard Boundary Map (FHBM), panel number {fill in community panel number here). dated (fill in map date here); Approved by: The DNR and FEMA (b) 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. (The following are examples of other types of maps you may need to adopt.) 1. 100-Year Dam Failure Floodplain Map, dated (fill in map date), prepared by (fill in contractor.) Approved by: The DNR 2. Letter of Map Revision (case number and date). (3) ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS The regional floodplain areas are divided into three districts as follows: (a) 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 and are contained within AE Zones as shown on the FIRM. (b) The Floodfringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM. (c) The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM. (4) LOCATING FLOODPLAIN BOUNDARIES Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subd (a) or (b) below. If a significant difference exists, the map shall be amended according to s. 8.0 -3 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 pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the ·zoning administrator and an applicant over the district boundary line shall be settled according to s. 7.3(3) and the criteria in (a) and (b) 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 s. 8.0 Amendments. (a) 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. (b) Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale. (5) REMOVAL OF LANDS FROM FLOODPLAIN Compliance with the provisions of this ordinance 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 s. 8.0 Amendments. (6) COMPLIANCE Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations. (7) MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply ifs. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies. (8) ABROGATION AND GREATER RESTRICTIONS (a) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under s. 59.69, 59.692 or 59.694 for counties; s. 62.23 for cities; s. 61.35 for villages; ors. 87.30, Stats., 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. (b) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. (9) INTERPRETATION In their interpretation and application, the provisions of this ordinance 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 -4 Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. (10) WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this ordinance 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 ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance 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 ordinance. (11) SEVERABILITY Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. (12) ANNEXED AREAS FOR CITIES AND VILLAGES The 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 ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, 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. 2.0 GENERAL STANDARDS APPLICABLE JO ALL FLOODPLAIN DISTRICTS The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in s. 7.1 (2). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages. 2.1 HYDRAULIC AND HYDROLOGIC ANALYSES (1) No floodplain development shall: (a) Obstruct flow, defined as development which blocks the conveyance of -5 floodwaters by itself or with other development, causing any increase in the regional flood height; or (b) Cause any increase in the regional flood height due to floodplain storage area lost. (2) The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted Fl RM or other adopted map, unless the provisions of s. 8.0 Amendments are met. 2.2 WATERCOURSE ALTERATIONS No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of s. 2.1 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to s. 8.0 Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMG process. 2.3 CHAPTER 30. 31, WIS. STATS,, DEVELOPMENT Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to s. 8.0 Amendments. 2.4 pusuc OR PRIVATE CAMPGROUNDS Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: (1) The campground is approved by the Department of Health Services; (2) A land use permit for the campground is issued by the zoning administrator; (3) The character of the river system and the campground elevation are such that a 72- hour warning of an impending flood can be given to all campground occupants; (4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation; (5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. (4) - to remain in compliance with all applicable regulations, including those of the state -6 Department of Health Services and all other applicable regulations; (6) Only camping units that are fully licensed, if required, and ready for highway use are allowed; (7) The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours; (8) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section; (9) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section; (10) All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either s. 3.0, 4.0 or 5.0 for the floodplain district in which the structure is located; (11) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and (12) All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation. 2.5 FLOODED AGRICULTURE- CRANBERRY FARMS tfA-C) (1) STATEMENT OF PURPOSE - The Federal government created the National Flood Insurance Program (NFIP) to establish flood risk zones and to provide flood insurance to property owners in communities that adopt and enforce floodplain regulations in accordance with regulatory floodplain maps approved by the Federal Emergency Management Agency (FEMA). In recognition of the NFIP's requirements, the following ordinance shall apply to flooded agriculture- cranberry farms (FA-C). Cranberry farming uses extensive water management systems that are often located in areas designated as a Special Flood Hazard Area (SFHA). Within the SFHA, this ordinance establishes the minimum floodplain regulations, which apply to maintenance and FA-C development activities and it preserves the orderly and efficient use of land for agricultural purposes. The provisions of this ordinance are limited to floodplain management requirements. This section is designed to clarify permit procedures for routine activities related to cranberry culture. (2) APPLICABILITY - The ordinance provisions for this district shall apply to all flooded agriculture -cranberry farms (FA-C) in the SFHA as identified on the effective Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) for the -7 community. The intent of this district is to provide a consistent regulatory framework for both maintenance and development activities, which are required for the efficient management of a cranberry farming operation. These provisions describe the activities associated with FA-C, the potential for each activity to impact the Base Flood Elevation (BFE) or floodway and the requirements for each activity. This ordinance does not apply to the construction, maintenance, repair or modification of any building in this district. Buildings and all other development activities not associated with cranberry farming are regulated by other sections of this floodplain zoning ordinance. (3) PERMITTED USE - Any use or FA development activity, which occurs in a FA-C must meet the requirements in this section. (4) DEFINITIONS. In this section: (a) "Department" means the Wisconsin Department of Natural Resources. (b) "Existing cranberry farm" means the area of established cranberry farming as established pursuant to Section 2.5 (5). (c) "FA-C" means the portions of the existing cranberry farm as defined in section 2.5(5) and that are subject to the SFHA regulations. (d) "FA-C development activities" are development activities listed in Section 2.5 (6) (d). FA-C development activities do not include maintenance activities and do not include the construction, maintenance, repair or modification of any building. (e) "Permit required" means that a FA-C Permit is required. (f) "Perimeter dike" means the dike or system of dikes that are closest to the boundary line of the existing cranberry farm, usually the outermost dike. (g) "Maintenance activities" are activities identified in Section 2.5 (7) (f) that take place within the boundary of an existing cranberry farm. (h) "Special Flood Hazard Area (SFHA)" means an area having special flood hazards and is shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map as an A, AE, AH or AO zone. (5) ESTABLISHMENT OF EXISTING CRANBERRY FARM - The construction or maintenance of a building is not covered by this section. (For construction or maintenance, please refer to sections 3.0, 4.0 and 5.1 of the ordinance.) (a) To establish the boundary of an "existing cranberry farm," a person must file with the community a certified legal description of the farm boundary as it existed on < -8 (b) Upon issuance of the FA-C permit, the FA-C development that is completed in accordance with the FA-C permit shall be established as an existing cranberry farm upon completion. (6) REQUIREMENTS FOR NEW FAD DEVELOPMENT ACTIVITIES IN FLOODED AGRICULTURE DISTRICTS- CRANBERRY FARMS (For construction or maintenance, please refer to sections 3.0, 4.0 and 5.1 of the ordinance.) (a) A Zones: FA-C development activities in an A Zone may not cause a cumulative impact on the base flood elevation (BFE) of more than 1.0 (one) foot at any point on the waterway. If any project causes an increase in flooding elevations that would impact other properties, then the provisions of the community's floodplain zoning standards apply. Increases equal to or greater than one foot would require submittal of the engineering study to FEMA for a Conditional Letter of Map Revision (CLOMR). It is the project sponsor's responsibility to contract for and submit the engineering study to the community. All studies shall be reviewed and approved by the Department at the community's request. It is the community's responsibility to determine if the project meets the district criteria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary. (b) AE Zones: FA-C development activities in the designated floodway of an AE Zone must be analyzed using the current, effective hydraulic model to ensure that the project does not cause an increase to the BFE. If any project causes an increase in flooding elevations that would impact other properties, the provisions of NR 116.11 (3) apply. Any increase requires submittal of the engineering study to FEMA for a Conditional Letter of Map Revision (CLOMR). It is the project sponsor's responsibility to contract for and submit the engineering study to the community. All studies shall be reviewed and approved by the Department at the community's request. It is the community's responsibility to determine if the project meets the district criteria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary. (c) All FA-C development activities require a FA-C permit in accordance with Section 2.5 (9). ( d) FA development activities include: 1. New Dikes and Impoundments. Construction of a dike or an impoundment outside the boundary of existing cranberry farm. Includes the use of heavy machinery. 2. New Ditches. Construction of a new ditch outside the boundary of existing cranberry farm. Includes the use of heavy machinery to dig the ditch and the removal of plant and debris material. 3. New Farm Roads. Construction of a farm road outside the boundary of existing cranberry farm. Includes the placement of materials as appropriate to build a road that is adequate for expected loads. 4. New Reservoirs. Construction of a reservoir outside the boundary of existing cranberry farm. Includes the use of heavy machinery for excavation. -9 5. Sand Mining. Sand Mining outside the boundary of existing cranberry farm. Includes the extraction and stockpiling of sand using heavy equipment or hydraulic dredges. 6. New Water Control Structures. Placement of a water control structure in a ditch or reservoir outside the boundary of existing cranberry farm. Includes the placement of a bulkhead or other water control structure in a dike to control water movement in ditches and reservoirs. Rip rap and other material , may be used to prevent erosion and failure of the structure. 7. New Bed Construction. Construction of a new cranberry bed outside of the boundary of an existing cranberry farm. (7) MAINTENANCE ACTIVITIES. (a) Maintenance activities conducted in accordance with Section 2.5 (8) in the designated floodway of an A Zone or an AE Zone will not cause an increase in the BFE. (b) Maintenance activities do not require an FA-C permit. (8) REQUIREMENTS FOR MAINTENANCE ACTIVITIES IN FLOODED AGRICULTURE - CRANBERRY FARMS (a) Maintenance activities must take place within the boundary of an existing cranberry farm and below the top of the existing perimeter dike. (b) Maintenance of dikes or impoundments must be conducted such that the height of the existing dike or impoundment is maintained. (c) No spoil materials may be placed such that the height of the top of the perimeter dike on an existing cranberry farm is increased above the established height of the perimeter dike. If spoils materials are placed outside of the existing farm perimeter dike but within the existing farm boundary, then they must be placed outside of the SFHA, must meet the cumulative impact requirement for an A Zone or must be in the non-floodway portion of an AE Zone. (d) Maintenance activities include the following: 1. New Bed Drainage within Boundary of Existing Cranberry Farm. Includes installation of drain tiles to improve water management; creation of perimeter ditches around the bed area (inside the impoundments) to direct water on and off the bed; and/or installation of water control structures on ends of beds to allow for flooding and drainage. 2. Bed Drainage - Renovation within Boundary of Existing Cranberry Farm. Includes installation of drain tiles to improve water management; creation of perimeter ditches around the bed area (inside the impoundments) to direct water on and off the bed; and/or installation of water control structures on ends of beds to allow for flooding and drainage. -10 3. New Bed Leveling within Boundary of Existing Cranberry Farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is deposited onto the bed surface as needed to achieve a level surface with a slight crown in the center such that water drains to the edges of the bed. Beds are entirely surrounded by dikes. 4. Bed Leveling - Renovation within Boundary of Existing Cranberry Farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is deposited onto the bed surface as needed to achieve a level surface with a slight crown in the center such that water drains to the edges of the bed. Beds are entirely surrounded by dikes. 5. New Bed Planting within Boundary of Existing Cranberry Farm. Vines are planted into the bed surface using plugs, mechanical planting equipment and/or vines spread on the ground and pushed into the surface with a modified disc. Beds are entirely surrounded by dikes. 6. Bed Planting - Renovation within Boundary of Existing Cranberry Farm. Vines are planted into the bed surface using plugs, mechanical planting equipment and/or vines spread on the ground and pushed into the surface with a modified disc. Beds are entirely surrounded by dikes. 7. New Bed Removal of Materials or Scalping within Boundary of Existing Cranberry Farm. Existing plant material is removed. Plant material is loaded into trucks and removed. 8. Bed Removal of Materials or Scalping - Renovation within Boundary of Existing Cranberry Farm. Existing plant material is removed. Plant material is loaded into trucks and removed. 9. New Bed Sanding within Boundary of Existing Cranberry Farm. Sand is deposited onto the bed surface using heavy equipment to bring the planting surface to the desired level. 10. Bed Sanding - Renovation within Boundary of Existing Cranberry FarmJ Sand is deposited onto the bed surface using heavy equipment to bring the planting surface to the desired level. 11. Dike - Seeding. Reservoirs and bed dikes are seeded to stabilize banks and prevent erosion. Most seeding is done with a hydro seeder after a suitable planting medium has been placed on the area to be seeded. 12. New Dike or lmpoundment within Boundary of Existing Cranberry Farm. New construction of dikes and impoundments and placement of new water control structures within the established perimeter of an existing cranberry farm. 13. Dike or lmpoundment - Repair/ Maintenance of Existing Structures. Includes excavating adjacent to dikes to increase storage capacity and control of water flow, excavating sand from a reservoir to increase the water storage capacity, installation of splitter dikes to manage water flow and subdivide reservoirs, and replacement of existing water control structures. -11 14. Ditch - Cleaning and Maintenance of Existing Ditches. Drainage and irrigation ditches are cleaned using heavy equipment to remove plant material and debris. Spoils cannot be placed on the ditch side of any adjacent dike. 15. New Ditch within Boundary of Existing Cranberry Farm. New ditches are constructed using heavy machinery. Plant material and debris are removed. 16. Farm Road - Maintenance of Existing Roads. Farm roads are graded and repaired to maintain height, stability and width. Sand or gravel is placed in damaged areas. Culverts are replaced. Roads are mowed to prevent growth of brush or flowers that serve as competition for pollinators. 17. New Farm Road within Boundary of Existing Cranberry Farm. Farm roads are constructed using placement of materials as appropriate for the loads expected to be carried. 18. Harvest- Flood. Water is released from storage areas and gravity flowed or pumped into production (cranberry bed) areas. An initial "raking" flood of 6 to 12 inches is applied. After harvest machinery moves through the beds, the water level is increased above the vine canopy to allow the fruit to be corralled and removed. 19. Irrigation - Flood. Water is released from the reservoir or pumped onto the beds to provide a flood for insect control or protection during severe weather. Water is then returned to the reservoir or other water body. 20. Irrigation System Maintenance and Renovation. Periodic repair of cranberry bed sprinkler systems includes nozzle replacement; mainline replacement with aluminum or plastic materials; burial of laterals; upgrades to pumping systems and construction of pumping stations within the perimeter of the most-external impoundment of the farm. 21. Reservoir Maintenance and Construction of Reservoirs within the Boundary of Existing Cranberry Farm. Reservoirs are periodically excavated to alter or maintain depth levels. Heavy equipment is used for excavation. (9) FA-C PERMITS. A FA-C permit shall be obtained before any development in the FA-C may be initiated. Applicatien to the zoning administrator shall include: (a) GENERAL INFORMATION. 1. Name and address of the applicant, property owner and contractor; 2. Legal description of the proposed development area; and 3. Statement that the proposed use is cranberry farming. (b) SITE DEVELOPMENT PLAN. A site plan drawn to scale shall be submitted with the permit application form and shall contain: -12 1. Location, dimensions, area and elevation of the proposed development area; 2. Location of the ordinary high water mark of any abutting navigable waterways; 3. Location of any structures with distances measured from the lot lines and street center lines; and 4. Location of SFHA floodplain and floodway limits as determined from the official floodplain zoning maps. (c) A ZONE APPLICATION. An application for FA-C development activity in an A zone shall include a certificate of no-rise, or a technical analysis sufficient to show that the proposed development will not cause a cumulative impact on the base flood elevation (BFE) of more than 1.0 (one) foot within the regulatory floodway of a particular reach on the waterway. (d) AE ZONE APPLICATION. An application for FA-C development activity in an AE zone shall include submission of a certificate of no-rise. If the analysis shows the project will cause an increase greater than 0.00 feet in the BFE, then the project sponsor shall provide the community with information necessary for the community to evaluate the proposed project. 3.0 FLOOPWAY DISTRICT (EW) 3.1 APPLICABILITY This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 5.4. 3.2 PERMITTED USES The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: • they are not prohibited by any other ordinance; • they meet the standards in s. 3.3 and 3.4; and • all permits or certificates have been issued according to s. 7 .1. (1) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting. (2) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. (3) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of s. 3.3(4). (4) Uses or structures accessory to open space uses, or classified as historic structures that comply with s. 3.3 and 3.4. (5) Extraction of sand, gravel or other materials that comply with s. 3.3(4). -13 (6) Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats. (7) Public utilities, streets and bridges that comply with s. 3.3(3). 3.3 STANDARDS FOR DEVELOPMENTS IN THE fLOOQWAY (1) . GENERAL (a) Any development in the floodway shall comply with s. 2.0 and have a low flood damage potential. (b) Applicants shall provide the following data to determine the effects of the proposal according to s. 2.1 and 7.1 (2)(c): 1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or 2. An analysis calculating the effects of this proposal on regional flood height. ( c) The zoning administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for subd. (b) above. (2) STRUCTURES Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: (a) Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage; (b) Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (c) Must be anchored to resist flotation, collapse, and lateral movement; (d) Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and (e) It must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (3) PUBLIC UTILITIES, STREETS AND BRIDGES Public utilities, streets and bridges may be allowed by permit, if: (a) Adequate floodproofing measures are provided to the flood protection elevation; and -14 (b) Construction meets the development standards of s. 2.1. (4) FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: (a) The requirements of s. 2.1 are met; (b) No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable,.and all other requirements have been met; (c) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and (d) The fill is not classified as a solid or hazardous material. 3.4 PROHIBITED USES All uses not listed as permitted uses in s. 3.2 are prohibited, including the following uses: (1) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses; (2) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; (3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts; (4) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code; (5) Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code; (6) Any solid or hazardous waste disposal sites; (7) Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and (8) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied. 4.0 FLOODFRINGE DISTRICT (FF) 4.1 APPLICABILITY This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s. 5.4. -15 4.2 PERMITTED USES Any structure, land use, or development is allowed in the Floodfringe District if the standards in s. 4.3 are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified ins. 7.1 have been issued. 4.3 STANDARDS FOR DEVELOPMENT IN THE fLOODFRINGE S. 2.1 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of s. 6.0 Nonconforming Uses; (1) RESIDENTIAL USES Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of s. 6.0 Nonconforming Uses; (a) The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of s 4.3 (1)(b) can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. (b) The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation; (c) Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subd. (d). (d) In developments where existing street or sewer line elevations make compliance with subd. (c) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if: 1. The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or 2. The municipality has a DNR-approved emergency evacuation plan. (2) ACCESSORY STRUCTURES OR USES Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation. (3) COMMERCIAL USES Any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of s. 4.3(1). Subject to the requirements of s. 4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (4) MANUFACTURING AND INDUSTRIAL USES Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection -16 elevation or meet the floodproofing standards in s 7.5. Subject to the requirements of s. 4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (5) STORAGE OF MATERIALS Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance withs. 7.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. (6) PUBLIC UTILITIES, STREETS AND BRIDGES All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and (a) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with s. 7.5. (b) Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. (7) SEWAGE SYSTEMS All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to s. 7.5(3), to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code. (8) WELLS All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to s. 7 .5(3), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code. (9) SOLID WASTE DISPOSAL SITES Disposal of solid or hazardous waste is prohibited in floodfringe areas. (10) DEPOSITION OF MATERIALS Any deposited material must meet all the provisions of this ordinance. (11) MANUFACTURED HOMES (a) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities. (b) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: 1. have the lowest floor elevated to the flood protection elevation; and 2. be anchored so they do not float, collapse or move laterally during a flood (c) Outside of existing manufactured home parks, including new manufactured home -17 parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe ins. 4.3(1). (12) MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements ins. 4.3 (11)(b) and (c). A mobile recreational vehicle is ready for highway use if it is on .its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. 5.0 GENERAL FLOODPLAIN DISTRICT tGFP) 5.1 APPLICABILIIY The provisions for this district shall apply to all floodplains mapped as A, AO or AH zones. 5.2 PERMITTED USES Pursuant to s. 5.4, it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (s. 3.2) and Floodfringe (s. 4.2) Districts are allowed within the General Floodplain District, according to the standards of s. 5.3, provided that all permits or certificates required under s. 7.1 have been issued. 5.3 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT S. 3.0 applies to floodway areas, s. 4.0 applies to floodfringe areas. The rest of this ordinance applies to either district. (1) In AO/AH Zones the structure's lowest floor must meet one of the conditions listed below whichever is higher: (a) at or above the flood protection elevation; or (b) two (2) feet above the highest adjacent grade around the structure; or (c) the depth as shown on the FIRM (2) In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures. 5.4 DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within the general floodplain district, the zoning administrator shall: (1) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; and the flood zone as shown on the FIRM. (2) Require the applicant to furnish any of the following information deemed necessary by -18 the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries., (a) A Hydrologic and Hydraulic Study as specified ins. 7.1(2)(c). (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information; (c) Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities. ·.1 6.0 NONCONFORMING USES 6.1 GENERAL (1) APPLICABILITY If these standards conform with s.87.30, Stats. and ch. NR 116.15, Wis. Adm. Code and 44 CFR 59-72 , , they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. (2) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions: (a) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. (b) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance; (c) The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent; (d) No modification or addition to any nonconforming structure or any structure with a -19 nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance withs. 4.3(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; (e) No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1 ). (f) If on a per event basis the total value of the work being done under (d) and (e) equals or exceeds 50% of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance withs. 4.3(1). (g) Except as provided in subd. (h), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value. (h) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction. 1. Residential Structures a. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of s. 7 .5(2). b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage. c. Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding. -20 d. In A Zones, obtain, review and utilize any flood data available from a federal, state or other source. e. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 5.3(1 ). f. in AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure. 2. Nonresidential Structures a. Shall meet the requirements of s. 6.1 (2)(h) 1a-f. b. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards ins. 7.5(1) or (2). c. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards ins. 5.3(1 ). (3) A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with s. 3.3(1 ), flood resistant materials are used, and construction practices and floodproofing methods that comply withs. 7.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 6.1 (2)(h) 1 if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. 6.2 FLOODWAY DISTRICT (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition: (a) Has been granted a permit or variance which meets all ordinance requirements; (b) Meets the requirements of s. 6.1; (c) Shall not increase the obstruction to flood flows or regional flood height; (d) Any addition to the existing structure shall be floodproofed, pursuant to s. 7.5, by means other than the use of fill, to the flood protection elevation; and (e) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent -21 grade; 2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4. The use must be limited to parking, building access or limited storage. (2) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, s. 7.5(3) and ch. SPS 383, Wis. Adm. Code. (3) No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, s. 7.5(3) and chs. NR 811 and NR 812, Wis. Adm. Code. 6.3 fLOOQfRINGE DISTRICT (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of s. 4.3 except where s. 6.3(2) is applicable. (2) Where compliance with the provisions of subd. (1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of AdjustmenUAppeals, using the procedures established in s. 7.3, may grant a variance from those provisions of subd. (1) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: (a) No floor is allowed below the regional flood elevation for residential or commercial structures; (b) Human lives are not endangered; (c) Public facilities, such as water or sewer, shall not be installed; (d) Flood depths shall not exceed two feet; (e) Flood velocities shall not exceed two feet per second; and (f) The structure shall not be used for storage of materials as described in s. 4.3(5). (3) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable -22 provisions of all local ordinances, s. 7.5(3) and ch. SPS 383, Wis. Adm. Code. (4) All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this ordinance, s. 7.5(3) and ch. NR 811 and NR 812, Wis. Adm. Code. 7.0 ADMINISTRATION Where a zoning administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials shall also administer this ordinance. 7.1 ZONING ADMINISTRATOR (1) DUTIES AND POWERS The zoning administrator is authorized to administer this ordinance and shall have the following duties and powers: (a) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications. (b) Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate. (c) Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred. (d) Keep records of all official actions such as: 1. All permits issued, inspections made, and work approved; 2. Documentation of certified lowest floor and regional flood elevations; 3. Floodproofing certificates. 4. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments. 5. All substantial damage assessment reports for floodplain structures. 6. List of nonconforming structures and uses. (e) Submit copies of the following items to the Department Regional office: 1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments; 2. Copies of case-by-case analyses and other required information including an annual summary of floodplain zoning actions taken. 3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments. (f) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office. (g) Submit copies of amendments to the FEMA Regional office. -23 (2) LAND USE PERMIT A land use permit shall be obtained before any new development; repair, modification or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include: (a) GENERAL INFORMATION 1. Name and address of the applicant, property owner and contractor; 2. Legal description, proposed use, and whether it is new construction or a modification; (b) SITE DEVELOPMENT PLAN A site plan drawn to scale shall be submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the lot; 2. Location of the ordinary highwater mark of any abutting navigable waterways; 3. Location of any structures with distances measured from the lot lines and street center lines; 4. Location of any existing or proposed on-site sewage systems or private water supply systems; 5. Location and elevation of existing or future access roads; 6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps; 7. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study - either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVO); 8. Data sufficient to determine the regional flood elevation in NGVD or NAVO at the location of the development and to determine whether or not the requirements of s. 3.0 or 4.0 are met; and 9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 2.1. This may include any of the information noted ins. 3.3(1). (c) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department. 1. Zone A floodplains: -24 a. Hydrology i. The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study. ii. channel sections must be surveyed. iii. minimum four foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping. iv. a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location. v. the most current version of HEC_RAS shall be used. vi. a survey of bridge and culvert openings and the top of road is required at each structure. vii. additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet. viii. standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices. ix. the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet. c. Mapping A work map of the reach studied shall be provided, showing all cross section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway. -25 i. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation. ii. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided. 2. Zone AE Floodplains a. Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR ·116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot. ii. Corrected Effective Model. The Corrected Effective Model shall not include any man-made physical changes since the effective model date, but shall import the model into the most current version of HEC-RAS for Department review. iii. Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model. iv. Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions. v. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes. vi. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and topwidths -26 computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated. c. Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions: i. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans. ii. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the Fl RM may be more easily revised. iii. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries. iv. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications. v. The revised floodplain boundaries shall tie into the effective floodplain boundaries. vi. All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme. vii. Both the current and proposed floodways shall be shown on the map. viii. The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map. (d) EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. (3) CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions: (a) The certificate of compliance shall show that the building or premises or part -27 thereof, and the proposed use, conform to the provisions of this ordinance; (b) Application for such certificate shall be concurrent with the application for a permit; (c) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed; (d) The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of s. 7.5 are met. (4) OTHER PERMITS Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344. 7.2 ZONING AGENCY (1) The (zoning agency or planning committee) shall: (a) oversee the functions of the office of the zoning administrator; and (b) review and advise the governing body on all proposed amendments to this ordinance, maps and text. (2) The (zoning agency or planning committee) shall not (a) grant variances to the terms of the ordinance in place of action by the Board of Adjustment/Appeals; or (b) amend the text or zoning maps in place of official action by the governing body. 7.3 BOARD Of ADJUSTMENT/APPEALS The Board of Adjustment/Appeals, created under s. 59.694, Stats., for counties ors. 62.23(7)(e), Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator shall not be the secretary of the Board. (1) POWERS AND DUTIES The Board of Adjustment/Appeals shall: (a) Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance; (b) Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and (c) Variances - Hear and decide, upon appeal, variances from the ordinance -28 standards. (2) APPEALS TO THE BOARD (a) Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed. (b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES 1. Notice - The board shall: a. Fix a reasonable time for the hearing; b. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and c. Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing. 2. Hearing - Any party may appear in person or by agent. The board shall: a. Resolve boundary disputes according to s. 7 .3(3); b. Decide variance applications according to s. 7.3(4); and c. Decide appeals of permit denials according to s. 7.4. (c) DECISION: The final decision regarding the appeal or variance application shall: 1. Be made within a reasonable time; 2. Be sent to the Department Regional office within 10 days of the decision; 3. Be a written determination signed by the chairman or secretary of the Board; 4. State the specific facts which are the basis for the Board's decision; 5. Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and 6. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. (3) BOUNDARY DISPUTES The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: (a) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined; -29 (b) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and (c) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to s. 8.0 Amendments. (4) VARIANCE (a) The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that: 1. Literal enforcement of the ordinance will cause unnecessary hardship; 2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended; 3. The variance is not contrary to the public interest; and 4. The variance is consistent with the purpose of this ordinance in s. 1.3. (b) In addition to the criteria in subd. (a), to qualify for a variance under FEMA regulations, the following criteria must be met: 1. The variance shall not cause any increase in the regional flood elevation; 2. Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and 3. Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the ordinance. (c) A variance shall not: 1. Grant, extend or increase any use prohibited in the zoning district; 2. Be granted for a hardship based solely on an economic gain or loss; 3. Be granted for a hardship which is self-created. 4. Damage the rights or property values of other persons in the area; 5. Allow actions without the amendments to this ordinance or map(s) required in s. 8.0 Amendments; and 6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. (d) When a floodplain variance is granted the Board shall notify the applicant in -30 writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record. 7.4 JO REVIEW APPEALS Of PERMIT DENIALS (1) The Zoning Agency (s. 7.2) or Board shall review all data related to the appeal. This may include: (a) Permit application data listed ins. 7.1 (2); (b) Floodway/floodfringe determination data in s. 5.4; (c) Data listed ins. 3.3(1)(b) where the applicant has not submitted this information to the zoning administrator; and (d) Other data submitted with the application, or submitted to the Board with the appeal. (2) For appeals of all denied permits the Board shall: (a) Follow the procedures of s. 7.3; (b) Consider zoning agency recommendations; and (c) Either uphold the denial or grant the appeal. (3) For appeals concerning increases in regional flood elevation the Board shall: (a) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of s. 8.0 Amendments; and (b) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist. 7.5 fLOODPROOflNG STANDARDS FOR NONCOMFORMING STRUCTURES OR USES (1) No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate. (2) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either: (a) certified by a registered professional engineer or architect; or (b) meets or exceeds the following standards: 1. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; -31 2. the bottom of all openings shall be no higher than one foot above grade; and 3. openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (3) Floodproofing measures shall be designed, as appropriate, to: (a) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; (b) Protect structures to the flood protection elevation; (c) Anchor structures to foundations to resistflotation and lateral movement; (d) Minimize or eliminate infiltration of flood waters; and (e) Minimize or eliminate discharges into flood waters. 7.6 pueuc INFORMATION (1) Place marks on structures to show the depth of inundation during the regional flood. (2) All maps, engineering data and regulations shall be available and widely distributed. (3) Real estate transfers should show what floodplain district any real property is in. 8.0 AMENDMENTS Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.1. (1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.1. Any such alterations must be reviewed and approved by FEMA and the DNR. (2) In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 8.1. 8.1 GENERAL The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in s. 8.2 below. Actions which require an amendment to the ordinance and/ or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following: (1) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height; (2) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM; -32 (3) Any changes to any other officially adopted floodplain maps listed in s. 1.5 (2)(b); (4) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain; (5) Correction of discrepancies between the water surface profiles and floodplain maps; (6) Any upgrade to a floodplain zoning ordinance text required bys. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and (7) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. 8.2 PROCEDURES Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23, Stats., for cities and villages, ors. 59.69, Stats., for counties. The petitions shall include all data required bys. 5.4 and 7 .1 (2). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes. (1) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats., for cities and villages ors. 59.69, Stats., for counties. (2) No amendments shall become effective until reviewed and approved by the Department. (3) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. 9.0 ENFORCEMENT AND PENALTIES Any violation of the provisions of this ordinance by any person shalt be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars}, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats. 10.0 DEFINITIONS Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary. 1. A ZONES - Those areas shown on the Official Floodplain Zoning Map which would be -33 inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. 2. AH ZONE - See "AREA OF SHALLOW FLOODING". 3. AO ZONE - See "AREA OF SHALLOW FLOODING". 4. ACCESSORY STRUCTURE OR USE -A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. 5. ALTERATION - An enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. 6. AREA OF SHALLOW FLOODING - A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow. 7. BASE FLOOD - Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. 8. BASEMENT - Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides. 9. BUILDING - See STRUCTURE. 10. BULKHEAD LINE - A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance. 11. CAMPGROUND - Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. 12. CAMPING UNIT -Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick up truck, or tent that is fully licensed, if required, and ready for highway use. 13. CERTIFICATE OF COMPLIANCE -A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. 14. CHANNEL - A natural ·or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. 15. CRAWLWAYS or CRAWL SPACE - An enclosed area below the first usable floor of a -34 building, generally less than five feet in height, used for access to plumbing and electrical utilities. 16. DECK - An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation. 17. DEPARTMENT - The Wisconsin Department of Natural Resources. 18. DEVELOPMENT - Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. 19. DRYLAND ACCESS - A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. 20. ENCROACHMENT - Any fill, structure, equipment, use or development in the floodway. 21. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - The federal agency that administers the National Flood Insurance Program. 22. FLOOD INSURANCE RATE MAP (FIRM) -A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. 23. FLOOD or FLOODING -A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. 24. FLOOD FREQUENCY - The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent(%) chance of occurring in any given year. 25. FLOODFRINGE - That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. -35 26. FLOOD HAZARD BOUNDARY MAP - A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurarrice aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. 27. FLOOD INSURANCE STUDY -A technical engineering examination, evaluationi and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. 28. FLOODPLAIN - Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes. 29. FLOODPLAIN ISLAND - A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. 30. FLOODPLAIN MANAGEMENT - Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. 31. FLOOD PROFILE -A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. 32. FLOODPROOFING -Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. 33. FLOOD PROTECTION ELEVATION -An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: FREEBOARD.) 34. FLOOD STORAGE - Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. 35. FLOODWA Y - The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. 36. FREEBOARD - A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. -36 37. HABITABLE STRUCTURE -Any structure or portion thereof used or designed for human habitation. 38. HEARING NOTICE - Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. 39. HIGH FLOOD DAMAGE POTENTIAL - Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. 40. HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 41. HISTORIC STRUCTURE - Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. 42. INCREASE IN REGIONAL FLOOD HEIGHT -A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attrjbutable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. 43. LAND USE - Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) 44. LOWEST ADJACENT GRADE - Elevation of the lowest ground surface that touches any of the exterior walls of a building. 45. LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3. 46. MAINTENANCE - The act or process of restoring to original soundness, including redecorating, refinishing, non structural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures. -37 47. MANUFACTURED HOME -A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." 48. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale. 49. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING - A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. 50. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads. 51. MOBILE RECREATIONAL VEHICLE -A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." 52. MODEL, CORRECTED EFFECTIVE - A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model. 53. MODEL, DUPLICATE EFFECTIVE - A .copy of the hydraulic analysis used in the effective FIS and referred to as the effective model. 54. MODEL, EFFECTIVE - The hydraulic engineering model that was used to produce the current effective Flood Insurance Study. 55. MODEL, EXISTING (PRE-PROJECT) - A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model. 56. MODEL, REVISED (POST-PROJECT) - A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions. 57. MUNICIPALITY or MUNICIPAL - The county, city or village governmental units enacting, -38 administering and enforcing this zoning ordinance. 58. NAVO or NORTH AMERICAN VERTICAL DATUM - Elevations referenced to mean sea level datum, 1988 adjustment. 59. NGVD or NATIONAL GEODETIC VERTICAL DATUM - Elevations referenced to mean sea level datum, 1929 adjustment. 60. NEW CONSTRUCTION - For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. 61. NONCONFORMING STRUCTURE - An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) 62. NONCONFORMING USE - An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) 63. OBSTRUCTION TO FLOW - Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. 64. OFFICIAL FLOODPLAIN ZONING MAP - That map, adopted and made part of this ordinance, as described in s. 1.5(2), which has been approved by the Department and FEMA. 65. OPEN SPACE USE - Those uses having a relatively low flood damage potential and not involving structures. 66. ORDINARY HIGHWATER MARK - The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. 67. PERSON -An individual, or group of individuals, corporation, partnership, association, municipality or state agency. 68. PRIVATE SEWAGE SYSTEM - A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. -39 69. PUBLIC UTILITIES- Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer. 1 70. REASONABLY SAFE FROM FLOODING - Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings. 71. REGIONAL FLOOD - A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. 72. START OF CONSTRUCTION -The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 73. STRUCTURE - Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. 74. SUBDIVISION - Has the meaning given in s. 236.02(12), Wis. Stats. 75. SUBSTANTIAL DAMAGE- Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. 76. SUBSTANTIAL IMPROVEMENT-Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. -40 77. UNNECESSARY HARDSHIP -Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. 78. VARIANCE - An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance. 79. VIOLATION - The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. 80. WATERSHED - The entire region contributing runoff or surface water to a watercourse or body of water. 81. WATER SURFACE PROFILE -A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. 82. WELL - means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. -41 7.1 PORTAGE COUNTY ZONING ORDINANCE AN ORDINANCE TO PROMOTE THE PUBLIC HEAL TH, SAFETY AND GENERAL WELFARE, TO DETERMINE, ESTABLISH, REGULATE AND RESTRICT THE AREAS WITHIN WHICH AGRICULTURE, FORESTRY, INDUSTRY, TRADES, BUSINESSES AND RECREATION AND RESIDENTIAL USES MAY BE CONDUCTED; THE AREAS IN AND ALONG NATURAL WATER COURSES, CHANNELS, STREAMS AND CREEKS IN WHICH TRADES OR INDUSTRIES, FILLING OR DUMPING, ERECTION OF STRUCTURES AND LOCATION OF BUILDINGS, MAY BE PROHIBITED OR RESTRICTED; CERTAIN AREAS, USES OR PURPOSES WHICH MAY BE SUBJECTED TO SPECIAL REGULATION AND BUILDING SETBACK LINES AND SUCH OTHER USES AUTHORIZED PURSUANT TO SECTION 59.69, 59.692; 59.694 AND 87.30, WISCONSIN STATUTES. THE COUNTY BOARD OF SUPERVISORS OF PORTAGE COUNTY DOES ORDAIN AS FOLLOWS: SECTION I • DISTRICT AND DISTRICT MAPS For the purpose of promoting the public health, safety and general welfare and determining, establishing, regulating and restricting the areas within the County outside the limits of incorporated cities and villages, within which agriculture, forestry, industry, trades, business, recreation and residential uses may be conducted, to establish districts of such number, shape and area, to adopt such regulations for each such district as the County Board has determined to be necessary in order to carry out the purposes of this Ordinance, in accordance with the provisions of Sections 59.69, 59.692, 59.694, 59.696, 59.697, 59.698, 87.30, and 281.31 of the Wisconsin Statutes, including within the following towns: Alban, Almond, Amherst, Belmont, Buena Vista, Carson, Dewey, Eau Pleine, Hull, Lanark, Linwood, New Hope, Plover, Sharon and Stockton are hereby divided into 18 use districts, namely: Section 7.1.2.1 R2 Single Family Residence District Section 7.1.2.2 R4 Multiple FamiJy Residence District Section 7.1.2.3 R1 Rural and Urban Fringe Residence District Section 7.1.2.4 R3 One and Two Famity Residence District Section 7.1.2.5 R5 Waterfront Residence District Section 7.1.3.1 A4 General Agricultural District Section 7.1.3.2 CON Conservancy District Section 7.1.3.3 REC Recreational District Section 7.1.3.4 A1 Exclusive Agricultural District Section 7.1.3.5 A2 Agricultural Transition District Section 7.1.3.6 A3 Low Density Agricultural District Section 7.1.3.7 A20 Primary Agricultural District Section 7.1.3.8 RL Rural Limited District Section 7.1.4.1 C2 Marina District Section 7.1.4.2 C3 Commercial District Section 7.1.4.3 C4 Highway Commercial District Section 7.1.4.4 C1 Neighborhood Commercial District Section 7.1.4.5 Planned Development District Section 7.1.5.1 IND Industrial District The boundaries of the use districts are shown upon the maps of the towns of Portage County, being designated as the "Zoning Maps of Portage County, Wisconsin", as such maps are prepared and adopted 1 located at the intersection of streets or highways, the length shall be measured from the intersection of each street or highway right-of-way line included in such District. (B) THE FLOODWAY AND FLOOD FRINGE OVERLAY DISTRICTS shall include all unincorporated lands of Portage County which would be inundated by the "regional flood" for any navigable stretch of a stream as designated on the official Federal Emergency Management Administration (FEMA) Flood Insurance Rate Map (FIRM) adopted by the Portage County Board of Supervisors. 7.1.6.4 INTERPRETATION AND APPLICATION It is not intended by this Ordinance to interfere with, abrogate or annul any existing easements, covenants, or other agreements between parties, nor is it intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of the law or Ordinance or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or premises, provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises than is imposed or required by such existing provisions of law, Ordinance, or by such rules, regulations, agreements, covenants, or permits, the provisions of this Ordinance shall control. 7.1.6.5 VARIANCES, SPECIAL EXCEPTIONS AND ADMINiSTRA TIVE ERRORS (A) ESTABLISHMENT. There shall be a Board of Adjustment consisting of five members and two alternates to be appointed by the County Executive with the approval of the County Board. Members so appointed shall be for one, two and three years, respectively, successors shall be appointed in like manner at the expiration of each term and their terms of office shall be three years in all cases, beginning July 1 in the year appointed. The members of the Board of Adjustment shall all reside within the County and outside the limits of incorporated cities and villages; provided however, that no two members shall reside in the same town. The Board of Adjustment shall choose its own chair. Vacancies shall be filled for the unexpired term of any members whose term becomes vacant in the same manner as the original appointment. The members of the Board of Adjustment shall be compensated at the same per diem and mileage rates as paid the County Board of Supe.rvisors. (8) RULES. (1) The Board of Adjustment will review monthly at a public hearing each petition, under paragraphs (D) Duties and (E) Powers, of the Board of Adjustment. Such petition must be accompanied by a fee set by the Portage County Planning and Zoning Committee. If the petitioner desires an earlier review than would be accorded by the above schedule, Re-they may obtain same by paying a special fee also determined by the Planning and Zoning Committee. The special fee shall also be required for the filing of a similar appeal that was denied by the Board of Adjustment within the past twelve months. (2) All meetings of the Board of Adjustment shall be open to the public. (3) Any public hearing which the Board of Adjustment is required to hold under paragraphs (D) Duties and (E) Powers, of the Board of Adjustment, shall be held by name, address or other commonly known means of identification, shall be included in the notice given of such hearing. Other matters upon which the Board of Adjustment is required to act may also be heard at any such hearing, provided that such matters are included in the notice given of such hearing. 56 (4)· Notice of any public hearing which the Board of Adjustment is required to hold under the terms or this Ordinance shall specify the date, time and place of hearing and the matters to come before the Board of Adjustment at such hearing, and such notice shall be given in each of the following ways: (a) By publication in the official newspaper of the County once each week for two successive weeks, the last of which shall be at least one week before the public hearing and if no newspaper is in circulation in an affected town, by posting in at least three public places likely to give notice no later than two weeks before the public hearing. (b) By mailing of notices to the town clerk of each town affected by the petition at least ten days prior to the date of the hearing. .I (c) By certified mail to the parties having a legal interest in any of the matters to come before the Board of Adjustment at such hearing. (d) By mailing of notices of any appeal reviewed in compliance with the floodplain or shoreland provisions of this Ordinance to the Department of Natural Resources. (5) The Board of Adjustment shall keep minutes of its proceed;ngs showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shaft keep records of its examinations and other official actions, all of which shall be immediatety filed in the Office of the Board of Adjustment and shall be a public record. (6) The Board of Adjustment shall have power to call on any other County Departments for assistance in the performance of its duties and it shall be the duty of such other departments to render au such assistance as may be reasonably required. (7) The Board of Adjustment may adopt such rules as are necessary to carry into effect the regulations of the County Board. (8) In the case of a party petitioning who believes it is to his or her advantage to obtain an earlier review of the petition than the next scheduled Board of Adjustment meeting, he or she may obtain such by depositing with the Planning and Zoning Department of Portage County the fee as determined the Planning and Zoning Committee and by petitioning by letter to said Chair for a hearing on his petition. (9) A double filing fee for a variance or special exception shall be assessed for any activity commenced without first obtaining Board of Adjustment approval through public hearing. (C) APPEALS. (1) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any office, department, board or bureau of Portage County affected by any decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Zonrng Administrator and the Board of Adjustment a notice of appeal specifying the ground thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. (2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator shall certify to the Board of Adjustment after notice of appeal shall have been filed with him by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, the proceeding shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application on notice to the Zoning Administrator and on due cause shown. (3) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. A copy of any appeal granted in compliance with the shoreland or floodplain provisions of this Ordinance shall be forwarded to the Department of Natural Resources. 57 {D) DUTIES. The Board of Adjustment shall have the following duties: (1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator. (2) To hear and decide special exceptions to the terms of this Ordinance, as follows: (a) The following special exception uses may be heard by the Board of Adjustment which may: (1) Permit the location of recreation camps in the Districts in which such camps may be established under this Ordinance, under the conditions specified in Subparagraph 7.1.3.3(C)(2). (2) Permit the location of micro-wave radio relay structures in the Single Family Residence District, under the same procedure and subject to the same conditions as specified in Subparagraph 7.1.6.1 (A)(8). (3) Permit the location of mobile home parks in the Districts in which such parks may be established under this Ordinance, under the conditions specified in the regulations for those Districts. (4) Permit the location of certain uses in the R2 Single FamHy Residence District as specified in Paragraph 7.1.2.1 (C). (5) Permit the location of certain uses in the R4 Multiple Family Residence District as specified in Paragraph 7.1.2.2(C). (6) Permit the location of certain uses in the R1 Rural and Urban Fringe Residence District as specified in Paragraph 7.1.2.3(C). (7) Permit the location of certain uses in the R3 One and Two Family Residence Districts as specified in Paragraph 7.1.2.4(C}. (8) Permit the location of certain uses in the R5 Waterfront Residence District as specified in Paragraph 7.1 .. 2.5(C). (9) Permit the location of certain uses in the A4 General Agricultural District, as specified in Paragraph 7.1.3.1 (C). (10) Permit the location of certain uses in the Conservancy District, as specified in Paragraph 7.1.3.2(C). {11} Permit the location of certarn uses in the Recreation District, as specified in Paragraph 7.1.3.3(C). (12) Permit the location of certain uses in the A1 Exclusive Agricultural District as specified in Paragraph 7.1.3.4(C). (13) Permit the location of certain uses in the A2 Agricultural Transition District as specified in Paragraph 7.1.3.5(C). (14) Permit the location of certain uses in the A3 Low Density Agricultural District as specified in Paragraph 7.1.3.6(C). (15) Permit the location of certain uses in the A20 Primary Agricultural District as specified in Paragraph 7.1.3.7(C) (16) Permit the location of certain uses in the C3 Commercial District, as specified in Paragraph 7.1.4.2(C). (17) Permit the location of certain uses in the C4 Highway Commercial District as specified in Paragraph 7.1.4.3(C). (18) Permit the location of certain uses in the C1 Neighborhood Commercial District as specified in Paragraph 7.1.4.4(C). (19) Permit the location of certain uses in the Industrial District, as specified in Subparagraph 7.1.5.1 (C). 58 (20) Permit the location of certain uses in the RL Rural Limited District as specified in paragraph 7.1.3.8(C). (21) Hear and decide any question or determination referred to the Board of Adjustment by any Section in this Ordinance. (22) Permit the location of certain buildings and uses in any District, as specified in Subparagraph 7.1.6.1 (A)(8). (23) Permit additional directory signs along highways, advertising a business conducted or a service available ata particular location, as specified in Subparagraph 7.1.6.1 (A)(1 O)(b)(1 ). (b) Required Evaluations. In passing upon any special exceptions, the Board of Adjustment shall make the following evaluations, where appropriate, in addition to those required elsewhere in this Ordinance and base its decision thereon. (1) Evaluate the effect of the proposed use upon: (a) The maintenance of safe and heatthful conditions; (b) The prevention and controJofwater pollution including sedimentation; (c) Existing topographic and drainage features and vegetative cover on the site; (d) The location of the site with respect to floodplains and floodways of rivers or streams; (e) The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover; (n The location of the site with respect to existing or future access roads; (g) The need of the proposed use for a shoreland location; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 0) The amount of liquid wastes to be generated and the adequacy of the proposed disposal system; 0) Location factors under which domestic uses shall be generally preferred, uses not inherentty a source of pollution within an area shall be preferred over uses that are or may'be a pollution source, and use locations within an area tending to minimize the possibility of poUution shall be preferred over use locations tending to increase that possibility; (k) The importance of the services provided by the proposed facility to the community; (I) The availability of alternative locations; (m) The Reights, velosity, d1:JFation, Fate of Fise and sedimentation tFansport of the leeEI WcWBFS at the site; (Rm) Such other factors as are relevant to the purposes of this Ordinance. (2) Estimate tf:te disshaFge of the rngional flooa ooAsistent with applioable state flooaplain management Fl:Jles. (3) DeteFmine the spesifis flooaing thrnat at the site of the pFOposed spesial exseption and deteFmine whetheF the 1:Jse is losated in the flooaway OF flood fFin@e ey: (a) Cals1:Jlation of wateF s1:JFface elevations eases 1:Jpon a hydm1:Jlis analysis of the capasity of the stFeam shannel ana O\'eF eank aFeas to sonvey the Fegional flooa; (b) Compl:ltation of the floodway Feq1:Jirna to sonvey this flood witho1:Jt any meas1:JFable incFease in flood heigl:lts, based 1:1pon the Feasonable ass1:1mption that them will be an eq1:Jal Eie§Fee of ensFOashment foF a si§nifisant mash on both sides of the stFeam. 59 (c) Required Findings. No special exceptions shall be granted by the Board of Adjustment unless it finds the following conditions exist: (1) The use would not substantially harm the public health, safety, and general welfare, and would not be contrary to State Law or Administrative Code. (2) The use would be consistent with surrounding uses and the neighborhood would not be injured thereby. (3) The use is consistent with this Ordinance and any County or municipal plan which is based on historic, geographic, and socio-economic facts. (4) If a strnet1:1Fe is iR tl=le floodway DistFiet, any ex-temal modifieation wo1:1ld not: (a) lneFease tl=le flood damage potential of tl=le stF1:Jet1:1m; (b) lneFease its deg Fee of obstrnetion to flaod flovJS; and (e) Res1:1lt in a loweF deg me of flood pFoteetioR tl=laR a point two feet above the Fegional flood. (5) If a dwelling, l=ligl=l flood damage potential stF1:Jet1:.1Fe or strnet1:1ro Feq1:1iFiAg p1:1blie facilities is in tl:le flood f FiRge DistFict, aRy e*ternal modificatioAs will incl1:1de 13mtection of tl=le entiro stF1:1ct1:1Fe to tl=le flood pFotoetioR elevation ey floodpFeofing meas1:.1Fes and weuld Rot Fos1:1lt in a leweF deg Fee of flood pFotoetioA tl=laA a poiRt two feet above tl=le rogioRal flo8€h (3) To hear and decide variances from the terms of this Ordinance. (a) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance, the Board of Adjustment shall have the power, in passing upon petitions, to authorize such variance from the terms of this Ordinance. (b) Required Evaluations. In passing upon variances, the Board of Adjustment shall make the evaluations required when passing upon special exceptions, where appropriate. (c) Required Findings. No variance shall be granted by the Board of Adjustment unless it finds the conditions exist: (1) Granting the variance would not be contrary to the public interest, State Law or Administrative Code, the spirit of the Ordinance would be observed and substantial justice done; (2) The use is permitted in the District; (3) The hardship is due to special conditions unique to the property, rather than considerations personal to the property owner; (4) Granting the variance would not be detrimental to surrounding landowners; (5) Hardship is not created by any person having interest in the property; (6) A property owner bears the burden of proving unnecessary hardship by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome; (7) The request represents the minimum relief necessary to relieve unnecessary burdens. (8) If a stF1:Jet1:1Fe is in tl=le floodway DistFiet, any ex-temal modifisatioR wo1:1ld Rot: (a) IReFease the flood damage poteAtial of tl=le stF1:Jst1:.1Fe; (b) IAerease its degme of obstrnstioR to flood flows; and (s) Res1:1lt iR a loweF deg Fee of flood proteetioR tl=laR a poiRt two feet above tAe regioRal flood. (Q) If a dwelliAg, l:\igl:\ flood eamage 13otential strnstl:JFe OF strnct1:1Fe Fe(:ll:JiFing pl:Jelis facilities is in tl=le flood fFiRge DistFiet, any e*ternal moElifieation will incl1:.1de prntestien of tho oRtiro strnet1:1Fo to the flood prntection elovatian by floodprnofing moas1:1Fes aRd wo1:1ld 60 not Fes1:.dt in a loweF degFee of flood pFotection than a point two feet aeove the FegioAal flOOfh (E) POWERS. The Board of Adjustment shall have the following powers: (1) To require the applicant to furnish, in addition to the information required for a Zoning Permit, the following information: (a) A plan of the area showing contours, soil types, normal high water elevation, groundwater conditions, bedrock, slope and vegetative cover; (b) Location of buildings, parking areas, traffic access, driveways, walkways, piers, open spaces ,j and landscaping; (c) Plans of building, sewage disposal facilities, water supply systems and arrangements of operations; (d) Specification for areas of proposed filling, grading, lagooning, dredging or cutting and replanting; (e) Other pertinent information necessary to determine if the proposed use meets the requirements of the floodplain provisions. sueh as: (1) PlaRs in tFiplicate dFawn to seale showing the natuFe, location, dimensions and elevation on the lot, m~isting OF pFoposed strnetl:JFe, fill storage of mateFials, flooElpFOofing measuFes and the Felationship of the aeove to the location of the channel; (2) Typical valley cFoss section showing tl:ie channel of the stroam, ele¥ation of tl:ie land aFeas adjoining eacl:i side of tl:ie channel, cFOss sectional aFeas to ee occl:Jpied ey the pFOposed develo~ment ami high wateF infOFmation; (3) PlaRs (sl:JFface view) sl:iowing elevations OF contouFS of the grol:Jnd, pertinent strnctl:JFe, fill OF stoFage elevations, size, location and spatial aFrangement of all proposed and existing strnctl:JFe on the site, location and elevations of stFeets, wateF supply, sanitary facilities, photogFapl:is showing existing land uses and vegetation l:lpstFeam anEi downstFOam, soil types ana otheF pertinent inforn'.lation; (4) PFOfiles sl:iowing the slope of tt:le eottom of the ct:lannel OF flow line of the stmam; (a) Specifications fOF euilEling constrnction and matOFials, flooElpFOofing, filliAg, dFedging, gFaaing, channel impFOvement, stOFage of mateFials, water supply and sanitary facilities. (2) To attach such conditions, in addition to those required elsewhere in this Ordinance, that it deems necessary in furthering the purpose of this Ordinance. Violation of any of these conditions shall be deemed a violation of this Ordinance. Such conditions may include, but not be limited to, the following specifications: (a) Type of shore cover. (b) Increased setbacks and yards. (c) Specified sewage disposal and water supply facilities. (d) Landscaping and planting screens. (e) Period of operation. (n Operation control. (g) Sureties. (h) Deed restrictions. (i) Location of piers, docks, parking and signs. U) Requirement for construction of channel modification, dikes, levees and other protection measures. (k) i;1ooapFOofing measuFes sl:Jch as the following sl=lall so designed foF flood protection elevation, flooa velocities, Eleptl=ls, durations, rate of rise, l=lydrostatic and hyElroElynamic forces, anEI otl:ier 61 factoFS associated with tho regional flood. Tho Board shall FOE1l:JiFo that tRo applicant Sl:Jemit a plan or doc1:1ment certified ey a registered professional engineer or architect that the floodproofing moas1:1ros are at or above the flood protection elevation and s1:1bmit associated flood factors for tho partic1:1lar area. The following floodproofing measl:lres may be req1:1ired witho1:1t limitation eecal:Jse of specific on1:1meration: (1) Anchorage to resist flotation and lateral movement; (2) Installation of watertigRt doors, e1:1lkheads and shl:ltteFS, or similar methods of constrt:Jction; (J) Reinforcement of walls to resist water press1:1res; (4) Use of paints, membranes or mortars to red1:1ce seepage of water thro1:1gh walls; (5) Addition of mass or weight to stF1:Jct1:1res to resist flotation; (e) Installation of pl:lmps to lower water levels in str1:Jctl:Jres; (7) Constrt:Jction of water s1:1pply and waste treatment systems so as to prevent the entrance of flood wateFS; (8) Pl:lmping facilities or comparaele J:>ractices for Sl:IBSl:IFface drainage systems for Bl:lildings to relieve ex-ternal fol:lndatioA wall and easerflent flood pressl:lres; (9) Constrt:Jction to resist F1:Jpt1:Jre or collapse cal:lsed by water press1:Jres or floating deeris; (10) Installation of valves or centrals iA sanitary ana storm Eirains whieh will permit the drains to ee closeEI to prevent backl:lp of sewage and stormwateFS into the b1:1ilElings or str1:1ct1:1res, gravity ElrainiAg of basements may be eliminated by mechanical devises. (11) Location of all electrical eq1:Jipment, ciro1:1its and installeEI electrical appliances so as to 13roviEle 13rotection from inl:lnaation ey tl=le regional flooa; (12) Location of any stF1:Jct1:1ral storage facilities for ct:lemicals, ex13losives, e1:1oyant materials, flammable liq1:1iEls, or other toxic materials which co1:1ld be ha2:ardo1:1s to p1:1elic health, safety anEI welfare at a paint aeove tl=le regional flooEI ele'Jation or their flooElproofing so as to prevent flotation of storage containers, or Elamage to these which co1:1IEI ros1:1lt in the escape of toxic materials into flood waters. (I) The following shoreland protection measures and conservation standards may be required without limitation because of specific enumeration; (1) The smallest amount of bare ground be exposed for as short a time as feasible; (2) Temporary ground cover such as mulch be used and permanent cover such as sod be planted; (3) Diversions, silting basins, terrace and other methods to trap sediment be used; (4) Lagooning be conducted in such a manner as to avoid creation of fish trap conditions; (5) Fill is stabilized according to accepted engineering standards; (6) Fill will not restrict a floodway or destroy the storage capacity of a floodplain; (7) Sides of channels or artificial watercourses be stabilized to prevent slumping; (8) Sides of channels or artificial watercourses be constructed with side slopes of three units horizontal distance to one unit vertical or flatter, unless bulkheads or riprapping are provided. (3) Unless otherwise ordered by the Board of Adjustment, all decisions by the Board of Adjustment that require the issuance of a Zoning Permit must include provisions that such Zoning Permit is to be issued within one year of the decision date. The Zoning Permit must be issued before any activity or construction starts unless the appellant requests an extension from the Board of Adjustment through the Portage County Planning and Zoning Department before one year had elapsed. Failure to obtain a Zwning Pt)Ormit or an extension of time within which to obtain a Zwning Pt)Ormit will result in the approval granted by the Board of Adjustment becoming void and the appellant will be required to re-petition the Board of Adjustment. 62 County Clerk by registered mail only to the town clerk of the town in which the lands affected by such change are located and shall become effective 40 days after the adoption of the Ordinance by the County Board unless such town board, prior to such date, files a certified copy of a resolution disapproving of such Ordinance, said Ordinance shall become effective upon the filing of the resolution of the town board approving same with the County Clerk. The County Clerk shall record in his office the date on which such Ordinance becomes effective and he shall notify town clerks of all towns affected by such Ordinance of such effective date and also make such report to the County Board, which report shall be printed in the proceedings of the County Board. 7.1.6.8 ENFORCEMENT AND PENAL TIES The provisions of this Ordinance shall be enforced under the direction of the County Board of Supervisors, through the County Planning and Zoning Committee, the Zoning Administrator and the County law enforcement officers. (1) Any person, firm, company, corporation, agent, contractor or subcontractor who violates any terms of this Ordinance shall be subject to a forfeiture of not less than fifty ($50) dollars, nor more than five hundred ($500) dollars, together with the costs of any enforcement action. Each day of violation shall constitute a separate offense. The court may utilize any lawful authority to compel enforcement of this Ordinance, including contempt. Compliance therewith may be enforced by injunctive relief at the suit of the County or the owner or owners of land within the district affected by the regulations of this Ordinance. 7.1.6.9 VALIDITY Should any Section, clauses or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. 7.1.6.10 DEFINITIONS For the purpose of this Ordinance, certain terms and words are defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure" and the word "shall" is mandatory and not discretionary. Accessory Building - A subordinate building or portion of the main building, the use of which is incidental to the permitted use of the main building. Agricultural Event Center - A farm based enterprise or business that provides a facility for hire for social gatherings including but not limited to meetings, parties, weddings, receptions, and barn dances. The use must promote the retention of the rural nature of the community in which it is located. Airport, Public-Any airport which complies with the definition contained in Section 114.013(3), Wisconsin Statutes, or any airport which serves or offers to serve any common carriers engaged in the air transport. Alley - A public or private way of affording only secondary means of access to the abutting property. 67 Park, Public - An area owned by the County or municipality within the County, operated for the convenience and recreation of the public, and containing such facilities as the owning municipality shall see fit. Parking Lot-A lot where automobiles are parked or stored temporarily, but not including the wrecking of : automobiles or other vehicles or storage for the purpose of repair or wrecking. Person - Except when otherwise indicated by the context, the word "person" shall include the plural, or a company, firm, corporation or partnership. Premises -A house, building and its lands. Professional Office - The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician, or other recognized professional. Protected Shore/and Area - All shorelands of navigable waters in Portage County outside of incorporated cities and villages which are less than 1,000 feet from the normal high water elevation of lakes, ponds, or flowages or less than 300 feet from the normal high water elevation or to the landward side of a floodplain or navigable reaches of rivers or streams, whichever is greater. Recreation Camp - An area containing one or more permanent buildings used occasionally or periodically for the accommodation of members of associations or groups for recreational purposes. Regional Flood - A flood determined by the Department of Natt:JFal Resot:JFees whieh is to be representative of large floods known to have occurred geneFally in Wisconsin and reasonably charactOFistic of what can be expected to occur on a particular stream. The regional flood generally has an average freqt:Jency in the order of the one ht:Jndred year rect:Jrrence interval flood, determined from an analysis of floods on a partiet:Jlar stream and other stFeams in the same general region. A regional flood is a flood with a one percent chance of being equaled or exceeded in any g1iven year, and if depicted on the FIRM, the Regional Flood Elevation (RFE) is equivalent to the Base Flood Elevation (BFE). Residential Dwelling - Any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. Residential Lot- Any lot that has a residence and the principle use of the lot is for the residence, regardless of the underlying zoning district. Riding Stable - A building or premises used for the rent or lease of horses or animals for riding. Roadside Stand- A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products on the premises (or adjoining premises). There shall not be more than one such roadside stand on any single premise. Salvage Yard - Means a site or facility at which salvageable materials are stored or sold or at which wrecking, dismantling or demolition of salvageable materials are conducted, including automobile 73 Tourist Rooming House - Lodging places and tourist cabins and cottages, other than hotels and motels and campgrounds, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments. Tourist or Transient-A person who travels to a location away from his or her permanent address for a short period of time for vacation, pleasure, recreation, culture, business, or employment. Trailer· Any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means, which is used or originally designed to be used for residential, living or sleeping purposes. Trailer Camp - See "Mobile Home Park". Transient- See "Tourist or Transient". Unnecessary Hardship - An unusual or extreme decrease in the adaptability of the property to the uses permitted in the District which is caused by facts, such as terrain or soil conditions, uniquely applicable to the particular pieces of property as distinguished from those applicable to most or all property in the District. Variance -A departure from the terms of this Ordinance as applied to a specific building, structure or parcel of land, which the Board of Adjustment may permit, contrary to the regulations of this Ordinance for the District in which such building, structure or parcel of land is located, when the Board finds that literal application of such regulations will effect a limitation of the use of the property which does not generally apply to other properties in the same District, and for which there is no compensating gain to the public health, safety or welfare. Vision Clearance· An unoccupied triangular space at the triangular space at the intersection of highways or streets with other highways, streets or roads, or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street, road or railroad right of-way lines and a setback line connecting points located on such right-of-way lines by measurement from their intersection as. specified in this Ordinance. Watercourse -A natural channel or basin of or for water, such as a stream, creek, river, lake, pond, flowage or any natural or artificial canal or ditch for the conveyance of water. Water Line - The shortest straight line that lies wholly within a lake or stream lot, provided that not less than 75% of the total length of such line shall be on, or on the landward side of, the ordinary high-water mark of such lake or stream. Wetlands - Those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. Porta~e Co1:rnty wetlanas aFe maJ3J3ea basea on tt:le DNR 'A'etlana Inventor,' Maps ana t:lyEJFie soils aefinea in the Soil 81:Hvey of Portage County 'Niseonsin. 76