This Chapter is adopted pursuant to the authorization in Secs. 61.35 and 62.23, Wis. Stats. for villages and cities; Secs. 59.69, 59.692 and 59.694, Wis. Stats.; and the requirements in Sec. 87.30, Wis. Stats.

Uncontrolled development and the use of the floodplains and rivers of the Village of Edgar would impair the public health, safety, convenience, general welfare and tax base.

This Chapter is intended to regulate floodplain development to:

   (a)   Protect life, health and property;

   (b)   Minimize expenditures of public funds for flood control projects;

   (c)   Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

   (d)   Minimize business interruptions and other economic disruptions;

   (e)   Minimize damage to public facilities in the floodplain;

   (f)   Minimize the occurrence of future flood blight areas in the floodplain;

   (g)   Discourage the victimization of unwary land and home buyers;

   (h)   Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

   (i)   Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

This Chapter shall be known as the Floodplain Zoning Ordinance for the Village of Edgar, Marathon County, Wisconsin.

   (a)   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 AB, Al-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.

   (b)   Official Maps and Revisions.

      (1)   The boundaries of all floodplain districts are designated as A, AB, AH, AO or Al-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any 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 (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see Sections 13-2-80 and 13-2-81) before it is effective. No changes to RFEs on non- FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Villag of Edgar Administrator. If more than one (I) map or revision is referenced, the most restrictive information shall apply.

      (2)   The pertinent floodplain zoning maps and flood insurance studies shall be (approved by FEMA and the DNR):

         a.   Flood Insurance Rate Map (FIRM), panel numbers 55073C02340F and 55073C02350F (Marathon), dated 7/22/2010; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 7/22/2010, volume #55073CV000A.

      (3)   These maps have been approved by the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA) and is on file wi the Village of Edgar Administrator.

   (c)   Establishment of Floodplain Zoning Districts. The regional floodplain areas are divided into three (3) districts as follows:

      (1)   The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones on the FIRM.

      (2)   The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway and displayed as AB Zones on the FIRM.

      (3)   The General Floodplain District (GFP) is those areas that have been or 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.

   (d)   Locating Floodplain Boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in Subsections (d)(I) and (2) below. If a significant difference exists, the map shall be amended according to Secs. 13-2-80 and 13-2-81. 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's boundary line shall be settled according to Sec. 13-2-53 and the criteria in Subsection (d)(l) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Sections 13-2-80 and 13-2-81.

      (1)   If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

      (2)   Where flood profiles do not exist, the location of the boundary shall be determined by the map scale.

[Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to Sec. 13-2-80(f)].

   (e)   Removal of Lands From Floodplain. Compliance with the provisions of this Chapter shall not be grounds for removing land from the floodplain unless it is filled at least two (2) feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Secs. 13-2-80 and 13-2-81.

[Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC).

   (f)   Compliance. Any development or use within the areas regulated by this Chapter shall be in compliance with the terms of this Chapter, and other applicable local, state and federal regulations.

   (g)   Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this Chapter and obtain necessary permits. State agencies are required to comply if Sec. 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Sec. 30.2022, Wis. Stats., applies.

   (h)   Abrogation and Greater Restrictions.

      (1)   This Chapter supercedes all the provisions of any zoning ordinance enacted under Section 61.35, Wis. Stats., for villages, Sec. 62.23, Wis. Stats., for cities, or Sec. 87.30, Wis. Stats., which relate to floodplains. A more restrictive ordinance than this Chapter shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

      (2)   This Chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail.

   (i)   Interpretation. In their interpretation and application, the provisions of this Chapter are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this Chapter, required by NR 116, Wis. Adm. Code, is unclear, the provisions shall be interpreted in light of the standards in effect on the date of the adoption of this Chapter or in effect on the date of the most recent text amendment to this Chapter.

   (j)   Warning and Disclaimer of Liability. The flood protection standards in this Chapter are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This Chapter does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This Chapter does not create liability on the part of, or a cause of action against, the Village of Edgar or any officer or employee thereof for any flood damage that may result from reliance on this Chapter.

   (k)   Severability. Should any portion of this Chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected.

   (I)   Annexed Areas for Cities and Villages. The Marathon 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 Village of Edgar adopts and enforces an ordinance which meets the requirements of NR 116, Wis. Adm. Code, and the National Flood Insurance Program (NFIP). These annexed lands are described on the Village of Edgar'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 Village of Administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.

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 adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed to minimize flood damages; and be constructed with utility and mechanical equipment designed and/or located so as to prevent water from entering or accumulating within the components 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 which meets the subdivision definition of this Chapter and all other requirements of Sec. 13-2-70(b). 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.

   (a)   No floodplain development shall:

      (1)   Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or

      (2)   Cause any increase in the regional flood height due to floodplain storage area lost.

   (b)   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 FIRM or other adopted map, unless the provisions of Sections 13-2-80 and 13-2-81.

[Note: This Section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR.]

   (a)   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 Section 13-2-20 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.

   (b)   As soon as is practicable, but not later than six (6) months after the date of the watercourse alteration or relocation and pursuant to Sections 13-2-80 and 13-2-81, the municipality 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 LOMC process.

Development which requires a permit from the Department, under Chapters 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 floodplain zoning ordinance are made according to Sections 13-2-80 and 13-2-81.

Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

   (a)   The campground is approved by the Wisconsin Department of Health Services.

   (b)   A land use permit for the campground is issued by the Zoning Administrator.

   (c)   The character of the river system and the elevation of the campground is such that a seventy-two (72) hour warning of an impending flood can be given to all campground occupants.

   (d)   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 procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation.

   (e)   This agreement shall be for no more than one (1) calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection (d), to remain in compliance with all applicable regulations, including those of the Wisconsin Department of Health Services and all other applicable regulations.

   (f)   Only camping units that are fully licensed, if required, and ready for highway use are allowed.

   (g)   The camping units may not occupy any site in the campground for more than one hundred and eighty (180) consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of twenty-four (24) hours.

   (h)   All camping units that remain on site for more than thirty (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 one hundred and eighty (180) days and shall ensure compliance with all the provisions of this Section.

   (i)   The Village of Edgar shall monitor the limited authorization issued by the campground operator to assure compliance with the terms of this Section.

   (j)   All camping units that remain in place for more than one hundred and eighty (180) consecutive days must meet the applicable requirements of either Article C, Article D, or Article E of this Chapter for the floodplain district in which the structure is located.

   (k)   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.

   (I)   All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

   (a)   Statement of Purpose.

      (1)   General 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 provisions of this Section shall apply to flooded agriculture-cranberry farms (FA-C).

      (2)   Special Flood Hazard Area Location. Cranberry farming uses extensive water management systems that are often located in areas designated as a Special Flood Hazard Area (SFHA).

      (3)   Cranberry Culture Areas Floodplain Regulations Generally. Within the SFHA, this Section 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 Section are limited to floodplain management requirements. This Section is designed to clarify permit procedures for routine activities related to cranberry culture.

   (b)   Applicability.

      (1)   Areas Affected. The 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 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.

      (2)   Buildings Not Governed by This District. 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 Section 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.

   (c)   Permitted Use. Any use or FA development activity, which occurs in an FA-C must meet the requirements in this Section.

   (d)   Definitions. In this Section:

      (1)   Department. The Wisconsin Department of Natural Resources.

      (2)   Existing Cranberry Farm. The area of established cranberry farming as established pursuant to Subsection (e).

      (3)   FA-C. The portions of the existing cranberry farm as defined in Subsection (e) and that are subject to the SFHA regulations.

      (4)   FA-C Development Activities. Development activities listed in Subsection (f)(4). FA-C development activities do not include maintenance activities and do not include the construction, maintenance, repair or modification of any building.

      (5)   Permit Required. That an FA-C Permit is required.

      (6)   Perimeter Dike. The dike or system of dikes that are closest to the boundary line of the existing cranberry farm, usually the outermost dike.

      (7)   Maintenance Activities. Activities identified in Subsection (h) that take place within the boundary of an existing cranberry farm.

      (8)   Special Flood Hazard Area (SFHA). 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.

   (e)   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 Articles C and D and Section 13-2-50.)

      (1)   Establishment of Existing Cranberry Farm Boundaries. 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 the effective date of the adopted FIRM or FHBM. 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.

      (2)   Post-FA-C Permit Development. 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.

   (f)   Requirements for New FA-C Development Activities in Flooded Agriculture Districts-Cranberry Farms. (For construction or maintenance, please refer to Articles C and D and Section 13-2-50.)

      (1)   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 municipality's floodplain zoning standards apply. Increases equal to or greater than one (1) foot would require submittal of the engineering study to FEMA for a Conditional Letter of Map Revision (CLOMR). It is the municipality'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.

      (2)   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), Wis. Adm. Code, 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 municipality's request. It is the municipality's responsibility to determine if the project meets the district critieria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary.

      (3)   Permit Required. All FA-C development activities require a FA-C permit in accordance with Subsection (i) below.

      (4)   FA-C Included Development Activities. FA-C development activities include:

         a.   New Dikes and Impoundments. Construction of a dike or an impoundment outside the boundary of existing cranberry farm. Includes the use of heavy machinery.

         b.   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.

         c.   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.

         d.   New Reservoirs. Construction of a reservoir outside the boundary of existing cranberry farm. Includes the use of heavy machinery for excavation.

         e.   Sand Mining. Sand mining outside the boundary of existing cranberry farm. Includes the extraction and stockpiling of sand using heavy equipment or hydraulic dredges.

         f.   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.

         g.   New Bed Construction. Construction of a new cranberry bed outside of the boundary of an existing cranberry farm.

   (g)   Maintenance Activities.

      (1)   No BFE Increase. Maintenance activities conducted in accordance with Subsection (h) below in the designated floodway of an A Zone or an AE Zone will not cause an increase in the BFE.

      (2)   Permit Not Required for Maintenance. Maintenance activities do not require an FA-C permit.

   (h)   Requirements for Maintenance Activities in Flooded Agriculture-Cranberry Farms.

      (1)   Maintenance within Existing Boundaries. Maintenance activities must take place within the boundary of an existing cranberry farm and below the top of the existing perimeter dike.

      (2)   Dike or lmpoundment Maintenance. Maintenance of dikes or impoundments must be conducted such that the height of the existing dike or impoundment is maintained.

      (3)   Placement of Spoils Materials. No spoils 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.

      (4)   Maintenance Activities Included. Maintenance activities include the following:

         a.   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 impoundinents) 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.

         b.   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.

         c.   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.

         d.   Bed Leveling-Renovation within Boundary of Existing Cranberry Farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is desposited 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. Bed are entirely surrounded by dikes.

         e.   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.

         f.   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.

         g.   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.

         h.   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.

         i.   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.

         j.   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.

         k.   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.

         I.   New Dike or Impoundment within Boundary of Existing Cranberry Farm. New construction of dikes and impoundments and placement of new water control structures within the existing cranberry farm.

         m.   Dike or Impoundment-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.

         n.   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.

         o.   New Ditch within Boundary of Existing Cranberry Farm. New ditches are constructed using heavy machinery. Plant material and debris are removed.

         p.   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.

         q.   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.

         r.   Harvest-Flood. Water is released from storage areas and gravity flowed or pumped into production (cranberry bed) areas. An initial "raking" flood of six (6) to twelve (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.

         s.   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.

         t.   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.

         u.   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.

   (i)   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:

      (1)   General Application Information.

         a.   Name and address of the applicant, property owner and contractor;

         b.   Legal description of the proposed development area; and

         c.   Statement that the proposed use is cranberry farming.

      (2)   Site Development Plan.   A site plan drawn to scale shall be submitted with the permit application form and shall contain:

         a.   Location, dimensions, area and elevation of the proposed development area;

         b.   Location of the ordinary high water mark of any abutting navigable waterways;

         c.   Location of any structures with distances measured from the lot lines and street center lines; and

         d.   Location of SFHA floodplain and floodway limits as determined from the official floodplain zoning maps.

      (3)   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 water.

      (4)   AE Zone Application. An application for FA-C development activity in an AE Zone shall 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.

This Article/District applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Sec. 13-2-53.

The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if:

o   They are not prohibited by any other ordinance;

o   They meet the standards in Secs. 13-2-32 and 13-2-33; and

o   All permits or certificates have been issued according to Sec. 13-2-70:

   (a)   Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

   (b)   Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

   (c)   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 Sec. 13-2-32(d).

   (d)   Uses or structures accessory to open space uses, or classified as historic structures that comply with Secs. 13-2-32 and 13-2-33.

   (e)   Extraction of sand, gravel or other materials that comply with Sec. 13-2-32(d).

   (f)   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 Chapters 30 and 31, Wis. Stats.

   (g)   Public utilities, streets and bridges that comply with Sec. 13-2-32(c).

   (a)   General Standards.

      (1)   Any development in floodway areas shall comply with Article Band have a low flood damage potential.

      (2)   Applicants shall provide the following data to determine the effects of the proposal according to Secs. 13-2-20 and 13-2-70(c)(3).

         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 (a)(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)   Not designed for human habitation and does not have a high flood damage potential, and is constructed to minimize flood damage;

      (2)   Shall have a minimum of two (2) openings on different walls having a total net area not less than one (1) square inch for every square foot of enclosed area, and the bottom of air such openings being no higher than one (1) 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.

      (3)   Must be anchored to resist flotation, collapse, and lateral movement;

      (4)   Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and

      (5)   It must not obstruct flow of flood waters 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 Sec. 13-2-20.

   (d)   Fills or Deposition of Materials. Fills or deposition of materials may be allowed by permit, if:

      (1)   The requirements of Sec. 13-2-20 are met;

      (2)   No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to Chapter 30, Wis. Stats., and a permit pursuant to Sec. 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 Article 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 waste material.

All uses not listed as permitted uses in Sec. 13-2-31 are prohibited, including the following uses:

   (a)   Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;

   (b)   Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

   (c)   Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

   (d)   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 SPS 383, Wis. Adm. Code;

   (e)   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 NR 811 and NR 812, Wis. Adm. Code;

   (f)   Any solid or hazardous waste disposal sites;

   (g)   Any wastewater treatment ponds or facilities, except those permitted under NR 110.15(3)(b), Wis. Adm. Code;

   (h)   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.

This Article/District applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Section 13-2-53.

Any structure, land use, or development is allowed in the Floodfringe District if the standards in Section 13-2-42 are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in Section 13-2-70 have been issued.

   (a)   Compliance With Other Provisions. Section 13-2-20 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 F.

   (b)   Residential Uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe area, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of Article F:

      (1)   The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill unless the requirements of Subsection (b)(2) below can be met. The fill shall be one (1) foot or more above the regional flood elevation extending at least fifteen (15) feet beyond the limits of the structure;

      (2)   The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation;

      (3)   Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection (b)(4) below;

      (4)   In developments where existing street or sewer line elevations make compliance with Subsection (b)(3) impractical, the Village of Edgar may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:

         a.   The Village of Edgar 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

         b. The Village of Edgar has a natural disaster plan approved by the Wisconsin Department of Natural Resources.

   (c)   Accessory Structures or Uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.

   (d)   Commercial Uses. Any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of Section 13-2-42(b). Subject to the requirements of Subsection (f), 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.

   (e)   Manufacturing and Industrial Uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe area shall have the lowest floor elevated to or above the flood protection elevation or meet the flood proofing measures in Section 13-2-74. Subject to the requirements of Subsection (f), 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.

   (f)   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 13-2-74. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

   (g)   Public Utilities, Streets and Bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and:

      (1)   When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with Section 13-2-74.

      (2)   Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

   (h)   Sewage Systems. All on-site sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to Section 13-2-74, to the flood protection elevation and meet the provisions of all local ordinances and SPS 383, Wis. Adm. Code.

   (i)   Wells. All wells shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to Section 13-2-74, to the flood protection elevation and shall meet the provisions of NR 811 and NR 812, Wis. Adm. Code.

   (j)   Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

   (k)   Deposition of Materials. Any deposited material must meet all the provisions of this Chapter.

   (l)   Manufactured Homes.

      (1)   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.

      (2)   In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

         a.   Have the lowest floor elevated to the flood protection elevation; and

         b.   Be anchored so they do not float, collapse or move laterally during the flood.

      (3)   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 Subsection (b) above.

   (m)   Mobile Recreational Vehicles. All mobile recreational vehicles that are on site for one hundred and eighty (180) consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Subsection (1)(1)-(2). 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.

The provisions of this Article/District shall apply to all floodplains mapped as A, AO or AH zones.

   (a)   Pursuant to Sec. 13-2-54, it shall be determined whether the proposed use is located within a floodway or floodfringe area.

   (b)   Those uses permitted in floodway (Sec. 13-2-31) and floodfringe areas (Sec. 13-2-41) are allowed within the General Floodplain District, according to the standards of Sec. 13-2-52, provided that all permits or certificates required under Sec. 13-2-70 have been issued.

   (a)   Article C applies to floodway areas; Article D applies to floodfringe areas. The rest of this Chapter applies to either district.

   (b)   In AO/AH Zones the structure's lowest floor must meet one of the conditions listed below, whichever is higher.

      (1)   At or above the flood protection elevation; or

      (2)   Two (2) feet above the highest adjacent grade around the structure; or

      (3)   The depth as shown on the FIRM.

   (c)   In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.

Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:

   (a)   Require the applicant to submit two (2) 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 floodproofing measures, and the flood zone as shown on the FIRM;

   (b)   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:

      (1)   A Hydrologic and Hydraulic study as specified in Section 13-2-?0(c).

      (2)   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 type and other pertinent information;

      (3)   Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

   (a)   Applicability. If these standards in this Article conform with Sec. 87.30, Wis. Stats., NR 116, Wis. Adm. Code, and 44 CFR 59-72, for cities and villages, 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 Chapter or any amendment thereto.

   (b)   Existing Lawful Use of a Structure. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this Chapter may continue subject to the following conditions:

      (1)   No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this Chapter. 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.

      (2)   The construction of a deck that does not exceed two hundred (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.

      (3)   If a nonconforming use or the use of a nonconforming structure is discontinued for twelve (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 Chapter;

      (4)   The Village of Edgar 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;

      (5)   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 fifty percent (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 Chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 13-2-42(b). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the fifty percent (50%) provisions of this Subsection;

      (6)   No maintenance to any nonconforming structure or any structure with a nonconform- ing use, the cost of which would equal or exceed fifty percent (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 Chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 13-2-42(b).

      (7)   If on a per-event basis the total value of the work being done under Subsections (b)(6)-(7) equals or exceeds fifty percent (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 Chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 13-2-42(b).

      (8)   Except as provided in Subsection (b)(9) below, 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 this Chapter's requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds fifty percent (50%) of the structure's present equalized assessed value.

      (9)   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:

         a.   Residential structures:

            1.   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 Section 13-2-75(b).

            2.   Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyance and shall be constructed with methods and materials resistant to flood damage.

            3.   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.

            4.   In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.

            5.   In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Section 13-2-52(a).

            6. In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

         b.   Nonresidential structures:

            1.   Shall meet the requirements of Subsection (b)(9)a.

            2.   Shall either have the lowest flowest floor, including basement, elevated to or above the regional flood elevation, or, together with attendant utility and sanitary facilities, shall meet the standards in Section 13-2-74(a) or (b).

            3.   In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Section 13-2-52(a).

      (10)   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 Section 13-2-32(a), flood resistant materials are used, and construction practices and floodproofing methods that comply with Section 13-2-74 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection (b)(9)a above if it is determined that the proposed repair or rehabil- itation 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.

   (a)   No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification/addition:

      (1)   Has been granted a permit or variance which meets all Chapter requirements;

      (2)   Meets the requirements of Section 13-2-60;

      (3)   Shall not increase the obstruction to flood flows or regional flood height;

      (4)   Any addition to the existing structure shall be floodproofed, pursuant to Section 13-2-74, by means other than the use of fill, to the flood protection elevation; and

      (5)   If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

         a.   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 (2) openings must be provided with a minimum net area of at least one square inch for every one square foot (lsq. in.: 1 sq. ft.) of the enclosed area. The lowest part of the opening can be no more than twelve (12) inches above the adjacent grade;

         b.   The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

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

         d.   The use must be limited to parking, building access, or limited storage.

   (b)   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, Section 13-2-75(c), and SPS 383, Wis. Adm. Code.

   (c)   No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in the floodway District shall meet the applicable requirements of all Village of Edgar ordinances, Section 13-2-75(c), and NR 811 and NR 812, Wis. Adm. Code.

   (a)   No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such mo.difications or addition has been granted a permit or variance by the municipality, and meets the requirements of Section 13-2-42 except where Subsection (b) below is applicable.

   (b)   Where compliance with the provisions of Subsection (a) above 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 Zoning Board of Appeals, using the procedures established in Section 13-2-70, may grant a variance from those provisions of Subsection (a) 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:

      (1)   No floor is allowed below the regional flood elevation for residential or commercial structures;

      (2)   Human lives are not endangered;

      (3)   Public facilities, such as water or sewer, will not be installed;

      (4)   Flood depths will not exceed two (2) feet;

      (5)   Flood velocities will not exceed two (2) feet per second; and

      (6)   The structure will not be used for storage of materials as described in Section 13-2-42(f).

   (c)   All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, Section 13-2-75(c), and SPS 383, Wis. Adm. Code.

   (d)   All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this Chapter, Section 13-2-75(c), and NR 811 and NR 812, Wis. Adm. Code.

   (a)   Administration Responsibilities. Where a Zoning Administrator, planning agency or a Zoning Board of Appeals has already been appointed to administer a zoning ordinance adopted under Sec. 62.23(7), Wis. Stats., and the Village of Edgar Code of Ordinances, these officials shall also administer this Chapter. The Zoning Administrator is authorized to administer this Chapter and shall have the following duties and powers:

      (1)   Advise applicants of the provisions of this Chapter, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.

      (2)   Issue permits and inspect properties for compliance with provisions of this Chapter and issue certificates of compliance where appropriate.

      (3)   Inspect all damaged floodplain structures and perform a substantial damage assessment to determine if substantial damage to the structures has occurred.

      (4)   Keep records of all official actions such as;

         a.   All permits issued, inspections made, and work approved;

         b.   Documentation of certified lowest floor and regional flood elevations for floodplain development;

         c.   Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.

         d.   All substantial damage assessment reports for floodplain structures.

      (5)   Submit copies of the following items to the Department's regional office:

         a.   Within ten (10) days of the decision, a copy of any decision on variances, appeals for map or text interpretations, and map or text amendments;

         b.   Copies of any case-by-case analyses, and any other information required by the Department including an annual summary of the number and types of floodplain zoning actions taken.

         c.   Copies of substantial damage assessments performed and all related correspon- dence concerning assessments.

      (6)   Investigate, prepare reports, and report violations of this Chapter to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department's regional office.

      (7)   Submit copies of text and map amendments and biennial reports to the FEMA regional office.

   (b)   Land Use Permit. A land use permit shall be obtained before any new development or any repair 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:

      (1)   General Information.

         a.   Name and address of the applicant, property owner and contractor;

         b.   Legal description, proposed use, and whether it is new construction or a modification.

      (2)   Site Development Plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:

         a.   Location, dimensions, area and elevation of the lot;

         b.   Location of the ordinary highwater mark of any abutting navigable waterways;

         c.   Location of any structures with distances measured from the lot lines and street center lines;

         d.   Location of any existing or proposed on-site sewage systems or private water supply systems;

         e.   Location and elevation of existing or future access roads;

         f.   Location of floodplain and floodway limits as determined from the official floodplain zoning maps;

         g.   The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study - either the National Geodetic and Vertical Datum (NGVD) or North American Vertical Datum (NAVD);

         h.   Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Articles C or D are met; and

            1.   Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Sec. 13-2-20. This may include any of the information noted in Sec. 13-2-32(a).

      (3)   Data Requirements to Analyze Developments.

         a.   The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivision proposals, as "subdivision" is defined in Ch. 236, Wis. Stats., and other proposed developments exceeding five (5) acres in area or where the estimated cost exceeds One Hundred and Twenty-five Thousand Dollars ($125,000.00). The applicant shall provide:

            1.   An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity;

            2.   A map showing location and details of vehicular access to lands outside the floodplain; and

            3.   A surface drainage plan showing how flood damage will be minimized. [Note: The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and other pertinent items, but need not include land costs.]

      (4)   Expiration. All permits issued under the authority of this Chapter shall expire one hundred and eighty (180) days after issuance.

   (c)   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:

      (1)   The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this Chapter;

      (2)   Application for such certificate shall be concurrent with the application for a permit;

      (3)   If all ordinance provisions are met, the certificate of compliance shall be issued within ten (10) days after written notification that the permitted work is completed;

      (4)   The applicant shall submit a certification signed by a registered professional engineer or registered 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 registered architect that floodproofing measures meet the requirements of Sec. 13-2-74.

   (d)   Other Permits. The applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Sec. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.

   (a)   The Village of Edgar Plan Commission shall:

      (1)   Oversee the functions of the office of the Zoning Administrator; and

      (2)   Review and advise the Village Board on all proposed amendments to this Chapter, maps and text.

   (b)   The Village of Edgar Plan Commission shall not:

      (1)   Grant variances to the terms of this Chapter in place of action by the Zoning Board of Appeals; or

      (2)   Amend the text or zoning maps in place of official action by the Village Board.

The Zoning Board of Appeals, created under Sec. 62.23(7)(e), Wis. Stats., for village and cities, and the Village of Edgar Code of Ordinances, is hereby authorized to act for the purposes of this Chapter. The Zoning Board of Appeals shall exercise the powers conferred by the Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator may not be the secretary of the Zoning Board of Appeals:

   (a)   Powers and Duties.

      (1)   Appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this Chapter.

      (2)   Boundary Disputes. The Zoning Board of Appeals shall hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map.

      (3)   Variances. The Zoning Board of Appeals shall hear and decide, upon appeal, variances from the standards of this Chapter.

   (b)   Appeals to the Zoning Board of Appeals.

      (1)   Eligible Parties. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved, or by any officer or department of the Village of Edgar affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within thirty (30) days unless otherwise provided by the rules of the Zoning Board of Appeals, by filing with the official whose decision is in question, and with the Zoning Board of Appeals, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Zoning Board of Appeals all records regarding the matter appealed.

      (2)   Notice and Hearing for Appeals Including Variances.

         a.   Notice. The Zoning Board of Appeals shall:

            1.   Fix a reasonable time for the hearing;

            2.   Publish adequate notice pursuant to the Wisconsin Statutes, specifying the date, time, place and subject of the hearing;

            3.   Assure that notice shall be mailed to the parties in interest and the Department's regional office at least ten (10) days in advance of the hearing.

         b.   Hearing. Any party may appear in person or by agent or attorney. The Zoning Board of Appeals shall:

            1.   Resolve boundary disputes according to Subsection (c) below.

            2.   Decide variance applications according to Subsection (d) below.

            3.   Decide appeals of permit denials according to Sec. 13-2-73.

      (3)   Decision. The final decision regarding the appeal or variance application shall:

         a.   Be made within a reasonable time;

         b.   Be sent to the Department's regional office within ten (10) days of the decision;

         c.   Be a written determination signed by the chairperson or secretary of the Zoning Board of Appeals;

         d.   State the specific facts which are the basis for the Zoning Board of Appeals' decision;

         e.   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;

         f.   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 Zoning Board of Appeals' proceedings.

   (c)   Boundary Disputes. The following procedure shall be used by the Zoning Board of Appeals in hearing disputes concerning floodplain district boundaries:

      (1)   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.

      (2)   In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.

      (3)   If the boundary is incorrectly mapped, the Zoning Board of Appeals should inform the Plan Commission or the person contesting the boundary location to petition the governing body for a map amendment according to Secs. 13-2-80 and 13-2-81.

   (d)   Variances.

      (1)   The Zoning Board of Appeals may, upon appeal, grant a variance from the standards of this Chapter if an applicant convincingly demonstrates that:

         a.   Literal enforcement of the Chapter's provisions will cause unnecessary hardship;

         b.   The hardship is due to adoption of the floodplain ordinance and unique property conditions not common to adjacent lots or premises. In such cases this Chapter or map must be amended;

         c.   The variance is not contrary" to the public interest; and

         d.   The variance is consistent with the purpose of this Chapter in Sec. 13-2-3.

      (2)   In addition to the criteria in Subsection (d)(l), to qualify for a variance under FEMA regulations, the following criteria must be met:

         a.   The variance may not cause any increase in the regional flood elevation;

         b.   Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE;

         c.   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 Chapter.

      (3)   A variance shall not:

         a.   Grant, extend or increase any use prohibited in the zoning district.

         b.   Be granted for a hardship based solely on an economic gain or loss.

         c.   Be granted for a hardship which is self-created.

         d.   Damage the rights or property values of other persons in the area.

         e.   Allow actions without the amendments to this Chapter or map(s) required in Sec. 13-2-80.

         f.   Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

      (4)   When a floodplain variance is granted, the Zoning Board of Appeals shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record.

   (a)   The Zoning Board of Appeals shall review all data related to the appeal. This may include:

      (1)   Permit application data listed in Sec. 13-2-?0(b).

      (2)   Floodway/floodfringe determination data in Sec. 13-2-53.

      (3)   Data listed in Sec. 13-2-32(a)(2)b where the applicant has not submitted this information to the Zoning Administrator.

      (4)   Other data submitted with the application, or submitted to the Zoning Board of Appeals with the appeal.

   (b)   For appeals of all denied permits the Zoning Board of Appeals shall:

      (1)   Follow the procedures of Sec. 13-2-72;

      (2)   Consider the Zoning Administrator's recommendations; and

      (3)   Either uphold the denial or grant the appeal.

   (c)   For appeals concerning increases in regional flood elevation, the Zoning Board of Appeals shall:

      (1)   Uphold the denial where the Zoning Board of Appeals agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners.

      (2)   Grant the appeal where the Zoning Board of Appeals agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot provided no other reasons for denial exist.

   (a)   No permit or variance shall be issued 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.

   (b)   Floodproofing measures shall be designed to:

      (1)   Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

      (2)   Protect structures to the flood protection elevation;

      (3)   Anchor structures to foundations to resist flotation and lateral movement; and

      (4)   Insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.

   (c)   Floodproofing measures could include:

      (1)   Reinforcing walls and floors to resist rupture or collapse caused by water pressure or floating debris.

      (2)   Adding mass or weight to prevent flotation.

      (3)   Placing essential utilities above the flood protection elevation.

      (4)   Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures.

      (5)   Constructing water supply wells and waste treatment systems to prevent the entry of flood waters.

      (6)   Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.

The Village of Edgar may do the following:

   (a)   Place marks on structures to show the depth of inundation during the regional flood.

   (b)   All maps, engineering data and regulations shall be available and widely distributed.

   (c)   All real estate transfers should show what floodplain zoning district any real property is in.

   (a)   Administration; Zoning Administrator Responsibilities. Where a Zoning Administrator, planning agency or a Zoning Board of Appeals has already been appointed to administer a zoning ordinance adopted under Sec. 62.23(7), Wis. Stats., these officials shall also administer this Chapter.

   (b)   Zoning Administrator. The Zoning Administrator is authorized to administer this Chapter and shall have the following duties and powers:

      (1)   . Advise applicants of the provisions of this Chapter, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.

      (2)   Issue permits and inspect properties for compliance with provisions of this Chapter and issue certificates of compliance where appropriate.

      (3)   Inspect and assess all damaged floodplain structures to d.etermine if substantial damage to the structures has occurred.

      (4)   Keep records of all official actions such as;

         a.   All permits issued, inspections made, and work approved;

         b.   Documentation. of certified lowest floor and regional flood elevations for floodplain development;

         c.   Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.

         d.   All substantial damage assessment reports for floodplain structures.

         e.   Floodproofing certificates.

         f.   List of all nonconforming structures and uses.

      (5)   Submit copies of the following items to the Department's regional office:

         a.   Within ten (10) days of the decision, a copy of any decision on variances, appeals for map or text interpretations, and map or text amendments;

         b.   Copies of any case-by-case analyses, and any other information required, including an annual summary of the number and types of floodplain zoning actions taken.

         c.   Copies of substantial damage assessments performed and all related correspon- . dence concerning assessments.

      (6)   Investigate, prepare reports, and report violations of this Chapter to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department's regional office.

      (7)   Submit copies of text and map amendments to the FEMA regional office.

   (c)   Land Use Permit. A land use permit shall be obtained before any new development or any repair 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:

      (1)   General Information.

         a.   Name and address of the applicant, property owner and contractor;

         b.   Legal description, proposed use, and whether it is new construction or a modification.

      (2)   Site Development Plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:

         a.   Location, dimensions, area and elevation of the lot;

         b.   Location of the ordinary highwater mark of any abutting navigable waterways;

         c.   Location of any structures with distances measured from the lot lines and street center lines;

         d.   Location of any existing or proposed on-site sewage systems or private water supply systems;

         e.   Location and elevation of existing or future access roads;

         f.   Location of floodplain and floodway limits as determined from the official floodplain zoning maps;

         g.   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 (NAVD);

         h.   Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Articles C or D are met; and

         i.   Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Section 13-2-21. This may include any of the information noted in Section 13-2-32(a).

      (3)   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 of Wisconsin. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.

         a.   Zone A Floodplains.

            I.   Hydrology. The appropriate method shall be based on the standards in NR 116.07(3), Wis. Adm. Code, "Hydrologic Analysis: Determination of Regional Flood Discharge".

            2.   Hydraulic Modeling. The regional flood elevation shall be based on the standards in NR 116.07(4), Wis. Adm. Code, "Hydrologic 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 (4) foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.

               iv.   A maximum distance of five hundred (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 the HEC-RAS shall be used.

               vi.   A survey of bridge and culvert openings and the top of the 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 five hundred (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.

            3.   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.

         b.   Zone AE Floodplains.

            1.   Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on NR 116.07(3), Wis. Adm. Code, "Hydrologic Analysis: Determination of Regional Flood Discharge".

            2.   Hydraulic Model. The regional flood elevation shall be based on the standards in NR 116.07(4), Wis. Adm. 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.   Changes to Duplicate Effective Model. 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 Hydraulic Models. 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.

            3.   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, and bridge plans.

               ii.   Certified topographic map of suitable scale, contour interval, and planmetric 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 one percent (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 Plan 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.

      (4)   Expiration. All permits issued under the authority of this Chapter shall expire no more than one hundred and eighty (180) days after issuance. The permit may be extended for a maximum of one hundred and eighty (180) days for good and sufficient cause.

   (d)   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:

      (1)   The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this Chapter;

      (2)   Application for such certificate shall be concurrent with the application for a permit;

      (3)   If all ordinance provisions are met, the certificate of compliance shall be issued within ten (10) days after written notification that the permitted work is completed;

      (4)   The applicant shall submit a certification signed by a registered professional engineer, architect, or registered 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 Section 13-2-74.

   (e)   Other Permits. Prior to obtaining a floodplain development permit, the applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Sec. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.

   (a)   The Village of Edgar Plan Commission shall:

      (1)   Oversee the functions of the office of the Zoning Administrator; and

      (2)   Review and advise the Village Board on all proposed amendments to this Chapter, maps and text.

   (b)   The Village of Edgar Plan Commission shall not:

      (1)   Grant variances to the terms of this Chapter in place of action by the Zoning Board of Appeals; or

      (2)   Amend the text or zoning maps in place of official action by the Village Board.

The Zoning Board of Appeals, created under Sec. 62.23(7)(e), Wis. Stats., for village and cities is hereby authorized to act, or shall be appointed to act, for the purposes of this Chapter. The Zoning Board of Appeals shall exercise the powers conferred by the Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator shall not be the secretary of the Zoning Board of Appeals:

   (a)   Powers and Duties.

      (1)   Appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this Chapter.

      (2)   Boundary Disputes. The Zoning Board of Appeals shall hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map.

      (3)   Variances. The Zoning Board of Appeals shall hear and decide, upon appeal, variances from the standards of this Chapter.

   (b)   Appeals to the Zoning Board of Appeals.

      (1)   Eligible Parties. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved, or by any officer or department of the Village of Edgar affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within thirty (30) days unless otherwise provided by the rules of the Zoning Board of Appeals, by filing with the official whose decision is in question, and with the Zoning Board of Appeals, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Zoning Board of Appeals all records regarding the matter appealed.

      (2)   Notice and Hearing for Appeals Including Variances.

         a.   Notice. The Zoning Board of Appeals shall:

            1.   Fix a reasonable time for the hearing;

            2.   Publish adequate notice pursuant to the Wisconsin Statutes, specifying the date, time, place and subject of the hearing;

            3.   Assure that notice shall be mailed to the parties in interest and the Department's regional office at least ten (10) days in advance of the hearing.

         b.   Hearing. Any party may appear in person or by agent or attorney. The Zoning Board of Appeals shall:

            1.   Resolve boundary disputes according to Subsection (c) below.

            2.   Decide variance applications according to Subsection (d) below.

            3.   Decide appeals of permit denials according to Section 13-2-73.

      (3)   Decision. The final decision regarding the appeal or variance application shall:

         a.   Be made within a reasonable time;

         b.   Be sent to the Department's regional office within ten (10) days of the decision;

         c.   Be a written determination signed by the chairperson or secretary of the Zoning Board of Appeals;

         d.   State the specific facts which are the basis for the Zoning Board of Appeals' decision;

         e.   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

         f.   Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the records of the Zoning Board of Appeals' proceedings.

   (c)   Boundary Disputes. The following procedure shall be used by the Zoning Board of Appeals in hearing disputes concerning floodplain district boundaries:

      (1)   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.

      (2)   The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.

      (3)   If the boundary is incorrectly mapped, the Zoning Board of Appeals should inform the Plan Commission or the person contesting the boundary location to petition the governing body for a map amendment according to Sections 13-2-60 and 13-2-61.

   (d)   Variances.

      (1)   The Zoning Board of Appeals may, upon appeal, grant a variance from the standards of this Chapter if an applicant convincingly demonstrates that:

         a.   Literal enforcement of the Chapter's provisions will cause unnecessary hardship;

         b.   The hardship is due to adoption of the floodplain ordinance and unique property conditions not common to adjacent lots or premises. In such cases this Chapter or map must be amended;

         c.   The variance is not contrary to the public interest; and

         d.   The variance is consistent with the purpose of this Chapter in Section 13-2-3.

      (2)   In addition to the criteria in Subsection (d)(l), to qualify for a variance under FEMA regulations, the following criteria must be met:

         a.   The variance may not cause any increase in the regional flood elevation;

         b.   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

         c.   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 Chapter.

      (3)   A variance shall not:

         a.   Grant, extend or increase any use prohibited in the zoning district.

         b.   Be granted for a hardship based solely on an economic gain or loss.

         c.   Be granted for a hardship which is self-created.

         d.   Damage the rights or property values of other persons in the area.

         e.   Allow actions without the amendments to this Chapter or map(s) required in Section 13-2-60.

         f.   Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

      (4)   When a floodplain variance is granted, the Zoning Board of Appeals shall notify the applicant in writing that it may increase risks to life and property, and flood insurance premiums could increase up to Twenty-five Dollars ($25.00) per One Hundred Dollars ($100.00) of coverage. A copy shall be maintained with the variance record.

   (a)   Data Subject to Review. The Zoning Board of Appeals shall review all data related to the appeal. This may include:

      (1)   Permit application data listed in Section 13-2-70(c).

      (2)   Floodway/floodfringe determination data in Section 13-2-73.

      (3)   Data listed in Section 13-2-32(a)(2)b where the applicant has not submitted this information to the Zoning Administrator.

      (4)   Other data submitted with the application, or submitted to the Zoning Board of Appeals with the appeal.

   (b)   Denied Permits Appeals Considerations. For appeals of all denied permits the Zoning Board of Appeals shall:

      (1)   Follow the procedures of Section 13-2-72;

      (2)   Consider the Zoning Administrator's recommendations; and

      (3)   Either uphold the denial or grant the appeal.

   (c)   Increases in Regional Flood Elevation Appeals. For appeals concerning increases in regional flood elevation, the Zoning Board of Appeals shall:

      (1)   Uphold the denial where the Zoning Board of Appeals 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 Sections 13-2-80 and 13-2-81.

      (2)   Grant the appeal where the Zoning Board of Appeals agrees that the data properly demonstrates that the project does not cause any increase provided no other reasons for denial exist.

   (a)   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.

   (b)   For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:

      (1)   Certified by a registered professional engineer or architect: or

      (2)   Meets or exceeds the following standards:

         a.   A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

         b.   The bottom of all openings shall be no higher than one (1) foot above grade; and

         c.   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

   (c)   Floodproofing measures shall be designed, as appropriate, to:

      (1)   Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

      (2)   Protect structures to the flood protection elevation;

      (3)   Anchor structures to foundations to resist flotation and lateral movement;

      (4)   Minimize or eliminate infiltration of flood waters; and

      (5)   Minimize or eliminate discharges into flood waters.

The Village of Edgar may do the following:

   (a)   Place marks on structures to show the depth of inundation during the regional flood.

   (b)   All maps, engineering data and regulations shall be available and widely distributed.

   (c)   Real estate transfers should show the floodplain zoning district any real property is in.

   (a)   Allowable Obstructions or Increases. Obstructions or increases may only be permitted if amendments are made to this Chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Subsection (b) below:

      (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 Chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 13-2-81. Any such alterations must be reviewed and approved by FEMA and the DNR.

      (2)   In A Zones increases equal to or greater th.an one (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 Chapter, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Subsection 13-2-81.

   (b)   General Amendments. The Village Board may change or supplement the floodplain zoning district boundaries and this Chapter in the manner outlined in Section 13-2-81. Actions which require an amendment to this Chapter 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;

      (3)   Any changes to any other officially adopted floodplain maps listed in 13-2-5(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 zoning maps;

      (6)   Any upgrade to a floodplain zoning ordinance text required by NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the Village of Edgar; 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.

[Note: Consult the FEMA web site - www.fema.gov - for a current map change fee schedule.]

   (a)   Ordinance amendments to this Chapter may be made upon petition of any interested party according to the provisions of Sec. 62.23, Wis. Stats. Such petitions shall include all necessary data required by Secs. 13-2-53 and 13-2-70(b). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.

   (b)   The proposed amendment shall be referred to the Plan Commission for a public hearing and recommendation to the Village Board. The amendment and notice of public hearing shall be submitted to the Department's regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Sec. 62.23, Wis. Stats.

   (c)   No amendments shall become effective until reviewed and approved by the Department.

   (d)   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 Village Board.

Any violation of the provisions of this Chapter by any person shall be unlawful and shall be referred to the Village of Edgar Village Attorney, who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the Village of Edgar a penalty of not more than Fifty Dollars ($50.00), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this Chapter is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the Village of Edgar, the state, or any citizen thereof pursuant to Sec. 87.30, Wis. Stats.

   (a)   Definitions Established. Unless specifically defined below, words and phrases in this Chapter shall have their common law meanings 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 not discretionary:

      (1)   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.

      (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, ventilation, 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 one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is predictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

      (7)   Base Flood. The flood having a one percent (1%) chance of being equalled 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 subgrade, 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 Sec. 30.11, Wis. 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 Chapter.

      (11)   Campground. Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for non-permanent overnight use by four (4) or more camping units, or which is advertised or represented as a camping area.

      (12)   Camping Unit. Any portable device, no more than four hundred (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 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 Chapter.

      (14)   Channel. A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

      (15)   Craw/ways or Crawl Space. An enclosed area below the first usable floor of a building, generally less than five (5) feet in height, used for limited access to plumbing and electrical utilities.

      (16)   Deck. An unenclosed exterior structure that has no roof or sides, but has a permeable floor.

      (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)   Dry/and 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, building, 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 floodplains and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency (FEMA).

      (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:

         a.   The overflow or rise of inland waters;

         b.   The rapid accumulation or runoff of surface waters from any source;

         c.   The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or

         d.   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.

      (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 insurance aspects of the National Flood Insurance Program (NFIP) until superceded by a Flood Insurance Study and a Flood Insurance Rate Map.

      (27)   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.

      (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 ensure 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 (2) feet of freeboard above the water surface profile elevation designated for the regional flood. (See also "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)   Floodway. 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.

      (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, Wis. Stats. For appeals, a Class I notice, published once at least one (1) week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class II notice, published twice, once each week consecutively, the last at least a week (seven 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:

         a.   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;

         b.   Certified or preliminarily determined by the Secretary of 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;

         c.   Individually listed on a state i,nventory of historic places with historic preservation programs which have been approved by the Secretary of the Interior; or

         d.   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, equal to or 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 attributable 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 unfirnished or flood resistant enclosure, usable solely for parking of vehicles, building acess 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 CPR 60.3.

      (46)   Maintenance. The act or process of restoring to original soudness, including redecorating, refinishing,

      (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 contignuous parcels) of land, divided into two or more manufactured home lots for rent or or sale.

      (49)   Mobile/Manufactured Home Park or Subdivision, Existing. A parcel of land, divided into two (2) 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 serving 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 of conrete pads.

      (51)   Mobile Recreational Vehicle. A vehicle which is built on a single chassis, four hundred (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 manmade 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. administering and enforcing this Chapter (Village of Edgar).

      (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 Chapter 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 Chapter 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 Chapter, as described in Sec. 13-2-S(b), 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 (1) 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 Wisconsin Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a hold tank, a system serving more than one (1) structure or a system located on a different parcel than the structure.

      (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.

      (70)   Reasonably Safe From Flooding. Means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area 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 (1%) 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 one hundred eighty (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 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 Sec. 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 fifty percent (50%) 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 fifty percent (50%) 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.

      (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 Chapter.

      (78)   Variance. An authorization by the Zoning Board of 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. An excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.