§ 28-58. Standards for development in the floodfringe.

Section 28-26 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of article VI, 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 article VI, nonconforming uses;

a.

The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of section 28-58(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 subsection d.

d.

In developments where existing street or sewer line elevations make compliance with subsection 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 section 28-58(1). Subject to the requirements of section 28-58(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 elevation or meet the floodproofing standards in section 28-105. Subject to the requirements of section 28-58(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 with section 28-105. 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 section 28-105.

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 section 28-105(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 section 28-105(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 chapter.

(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 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 in section 28-58(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 in section 28-58(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.

(Res. of 2-13-18(1) , § 4.3)