REPEALING AND RECREATING CHAPTER 9, FLOODPLAIN ZONING ORDINANCE, AND AMENDING CHAPTER 20, UNIFORM CITATION ORDINANCE (Petition 7-2013)

REPEALING AND RECREATING CHAPTER 9, FLOODPLAIN ZONING ORDINANCE, AND AMENDING CHAPTER 20, UNIFORM CITATION ORDINANCE (Petition 7-2013)

         WHEREAS, the Wisconsin Department of Natural Resources (DNR) and Sauk County have received the revised FEMA floodplain maps for the Baraboo River, and the  floodway map, flood profile and floodway data table associated with the dam failure analysis of the Lake Redstone Dam, Mirror Lake Dam, and Lake Virginia Dam; and,

     WHEREAS, the DNR has approved the dam failure analyses for the Lake Redstone Dam, Mirror Lake Dam, and Lake Virginia Dam; and,

     WHEREAS, Wisconsin Administrative Code Chapter NR 116 of Wisconsin’s Floodplain Management Program requires that Wisconsin Counties develop, adopt and administer a County Floodplain Zoning Ordinance that incorporates official maps developed by FEMA, and non-FEMA maps approved by DNR as they pertain to regulating lands subject to flooding; and,

     WHEREAS, the purpose of the Sauk County Floodplain Zoning Ordinance, as stated in said ordinance, reads as follows:

     9.001(3) Statement of Purpose.  This ordinance 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 buyers and homebuyers;

(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; and,

     WHEREAS, in order for landowners affected by the revised FEMA floodplain maps for the Baraboo River or floodway map, flood profile and floodway data table associated with the dam failure analysis of the Lake Redstone Dam, Mirror Lake Dam and Lake Virginia Dam to qualify for FEMA funding following a flooding event or dam failure flooding event, said FEMA floodplain map of the Baraboo River, floodway map, Flood profile, and floodway data table must be adopted as part of the Sauk County Floodplain Zoning Ordinance; and,

     WHEREAS, failure to adopt the revised FEMA floodplain maps for the Baraboo River and floodway map, flood profile and floodway data table associated with the dam failure analysis of the Lake Redstone Dam, Mirror Lake Dam, and Lake Virginia Dam may cause undue liability on Sauk County following a flood event or if a dam fails and causes damage to life, health, and property as the Lake Redstone Dam and Mirror Lake Dam are owned by Sauk County and the Lake Virginia Dam is owned by a quasi-public agency; and,

     WHEREAS, a public hearing was held by the Conservation, Planning and Zoning Committee on September 25, 2013; and,

     WHEREAS, your Committee has carefully reviewed this matter and does recommend that the petition be APPROVED; and,

     WHEREAS, it is necessary to amend ch. 20, Uniform Citation Ordinance, to reflect changes made in ch. 9 of the Sauk Co. Code of Ordinances; and,

      WHEREAS, your undersigned Committee has considered these amendments to ch. 9 and ch. 20 and believes that adoption of these amendments is in the best interest of the people of Sauk County; and,

     NOW, THEREFORE, BE IT ORDAINED by the Sauk County Board of Supervisors met in regular session, that Sauk County Code Chapter 9, Floodplain Zoning Ordinance, of the Sauk County Code of Ordinances,  is hereby repealed and recreated to read as attached hereto as Appendix A, and shall be effective upon passage; and,

     BE IT FURTHER ORDAINED, that Sauk Co. Code § 20.07(5) is hereby amended to read as attached hereto as Appendix B, and shall be effective upon its adoption.