Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.010 Statutory authorization.
17.05.030 Statement of purpose.
17.05.050 Compliance with chapter.
17.05.060 Abrogation and greater restrictions – Interpretation of chapter.
17.05.070 Warning and disclaimer of liability.
17.05.010 Statutory authorization.
This title for floodplain protection is adopted pursuant to the authorization contained in Sections 61.35, 62.23 and 87.30, Wis. Stats. [Prior code § 10-2-1].
17.05.020 Finding of fact.
The uncontrolled development and use of the floodplains, rivers or streams of the village of Arena, Wisconsin, would adversely affect the public health, safety, convenience and general welfare and impair its tax base. [Prior code § 10-2-2].
17.05.030 Statement of purpose.
The purpose of this title is to provide a uniform basis for the preparation, implementation and administration of sound floodplain regulations for all floodplains within the village of Arena to:
(a) Protect life, health and property;
(b) Minimize expenditures of public moneys for costly flood control projects;
(c) Minimize rescue and relief efforts, generally undertaken at the expense of the general public;
(d) Minimize business interruptions which usually result in the loss of local incomes;
(e) Minimize damage to public facilities on the floodplains such as water mains, sewer lines, streets and bridges;
(f) Minimize the occurrence of future flood blight areas on floodplains;
(g) Discourage the victimization of unwary land and home buyers; and
(h) Prevent increases in regional flood heights that could increase flood damage and may result in conflicts or litigation between property owners. [Prior code § 10-2-3].
17.05.040 Title.
This title shall be known as the floodplain zoning ordinance for the village of Arena, Wisconsin. [Prior code § 10-2-4].
17.05.050 Compliance with chapter.
(a) Compliance. The use or development, as defined in AMC 17.10.010, or use within the areas to be regulated by this title shall be in compliance with the terms of this title, and other applicable local, state and federal regulations.
(b) Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this title and obtain all necessary permits. State agencies are required to comply if Section 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Section 30.12(4)(a), Wis. Stats., applies. [Prior code § 10-2-14].
17.05.060 Abrogation and greater restrictions – Interpretation of chapter.
(a) Greater Restrictions. This title supersedes all the provisions of any municipal zoning ordinance enacted under Section 61.35, Wis. Stats., which relate to floodplains except that where another municipal zoning ordinance is more restrictive than the provisions contained in this title, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(b) Abrogation. It is not otherwise intended by this title to repeal, abrogate, or impair any existing easements, covenants or deed restrictions; however, where this title imposes greater restrictions, the provisions of this title shall prevail.
(c) Interpretation. In their interpretation and application, the provisions of this title shall be held to be minimum requirements liberally construed in favor of the governing body, and shall not be deemed a limitation on or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this title is required by a standard in Wis. Adm. Code Chapter NR 116 and where the meaning of this title’s provision is unclear, the provision shall be interpreted in light of the Chapter NR 116 standards in effect on the date of the adoption of this title or in effect on the date of the most recent text amendment to this title. [Prior code § 10-2-15].
17.05.070 Warning and disclaimer of liability.
The degree of flood protection intended to be provided by this title is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Larger floods may occur or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This title does not imply that areas outside of the delineated floodplain or permitted land uses within the floodplain will be totally free from flooding and associated flood damages. Nor does this title create a liability on the part of or a cause of action against the village or any officer or employee thereof for any flood damage that may result from reliance on this title. [Prior code § 10-2-16].
17.05.080 Severability.
If any section, clause, provision or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby. [Prior code § 10-2-17].
17.05.090 Annexed areas.
(a) The Iowa County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all areas annexed by the village until the village adopts and enforces an ordinance which meets the requirements of Wis. Adm. Code Chapter NR 116. These annexed lands are described on the village 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 village zoning administrator.
(b) Abrogation. It is not otherwise intended by this title to repeal, abrogate, or impair any existing easements, covenants or deed restrictions; however, where this title imposes greater restrictions, the provisions of this title shall prevail.
(c) Interpretation. In their interpretation and application, the provisions of this title shall be held to be minimum requirements liberally construed in favor of the governing body, and shall not be deemed a limitation on or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this title is required by a standard in Wis. Adm. Code Chapter NR 116 and where the meaning of this title’s provision is unclear, the provision shall be interpreted in light of the Chapter NR 116 standards in effect on the date of the adoption of this title or in effect on the date of the most recent text amendment to this title. [Prior code § 10-2-19].