§ 42-12. Standards for developments in floodway areas.  


Latest version.
  • (a)

    General.

    (1)

    Any development in floodway areas shall comply with article II and have a low flood damage potential.

    (2)

    Applicants shall provide the following data to determine the effects of the proposal according to section 42-6;

    a.

    A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or

    b.

    An analysis calculating the effects of this proposal on regional flood height.

    (3)

    The zoning administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for subsection (2) above.

    (b)

    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:

    (1)

    The structure is not designed for human habitation and does not have a high flood damage potential.

    (2)

    It must be anchored to resist flotation, collapse, and lateral movement;

    (3)

    Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

    (4)

    It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.

    (c)

    Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit if:

    (1)

    Adequate floodproofing measures are provided to the flood protection elevation; and

    (2)

    Construction meets the development standards of section 42-6.

    (d)

    Fills or deposition of materials. Fills or deposition of materials may be allowed by permit if:

    (1)

    The requirements of section 42-6 are met;

    (2)

    No material is deposited in the navigable channel unless a permit is issued by the department pursuant to Wis. Stats. ch. 30, and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and the other requirements of this section are met;

    (3)

    The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

    (4)

    The fill is not classified as a solid or hazardous material.

(Ord. No. 42, 3-14-2011)