City of Oak Creek

Common Council Report

Meeting Date: August 16, 2005

Item No.:

 12

Recommendation:  That the Common Council adopt Ordinance No. 2360, an ordinance to repeal and recreate Section 17.0301(c) relating to floodplain district boundaries, repeal and recreate Section 17.0301(f) relating to annexations containing floodplains, to repeal and recreate Section 17.0321, 17.0322, 17.0323 and 17.0324 relating to floodplain zoning districts, to repeal and recreate Section 17.0809 relating to floodproofing,  to repeal and recreate Section 17.0906 relating to floodplain nonconforming uses, to repeal and recreate Section 17.1002(d) relating to public information, to repeal and recreate Section 17.1003(g) relating to zoning administrator, to repeal and recreate Section 17.1005(c) relating to building permits,  to repeal and recreate Section 17.1006(b) relating to certificates of compliance, to repeal and recreate Section 17.1007(b), 17.1007(c) and 17.1007(h) relating to conditional use permits, to create Section 17.1050 relating to the administration of the floodplain zoning districts, to create Section 17.1051 relating to floodplain zoning enforcement and penalties, to repeal and recreate Section 17.1106 relating to notice to DNR, to repeal and recreate Section 17.1107(f) relating to zoning board of appeals floodplain district findings, to repeal and recreate Section 17.1108(b) relating to floodplain boundary disputes, to repeal and recreate Section 17.1109(c) relating to zoning board of appeals floodplain district decisions, to repeal and recreate Section 17.1207 relating to floodplain zoning district boundary amendments and to amend Section 17.1402 relating to definitions.

Background:  The new floodplain zoning ordinance was developed in accordance with NR 116 of the Wisconsin Administrative Code to implement the new floodplain mapping for the City of Oak Creek and to be in conformance with the DNR and FEMA requirements.  The DNR has reviewed and approved both the flood study and floodplain ordinance.  The floodplain map was developed from studies by SEWRPC, R.A. Smith and Hey and Associates.  The map also incorporates revisions resulting from recently implemented City projects and certified grades submitted by residents.  The Plan Commission recommended approval of the Ordinance at their July 26, 2005 meeting.

The DNR has forwarded the floodplain mapping and technical information to FEMA for their development of a digital flood insurance rate map (DFIRM) for the City of Oak Creek.  The map reference section of the ordinance references the new floodplain map as well as the 1978 Flood Insurance Rate Map (FIRM).  The City is required to keep the reference to the 1978 FIRM until FEMA issues a new one.  Section 17.0321(e)(2) will need to be revised to reference the new DFIRM after its completion. 

Fiscal Impact:  None.

Prepared by:

Philip J. Beiermeister, P.E.

Design Engineer - Environmental

Approved by:

Wayne St. John, P.E.

City Engineer

Fiscal review by:

Beverly A. Buretta, CMC

City Clerk

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