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FLOOD DAMAGE PREVENTION ORDINANCE
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND OBJECTIVES
1.1STATUTORY AUTHORIZATION
The Legislature of the State of South Dakota has in SDCL 9-36 and 7-18-14 (State
Statute delegating authority) delegated the responsibility to local government
units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the City Council of Groton, South
Dakota does ordain as follows:
1.2FINDINGS OF FACT
(1)The flood hazard areas of Groton are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(2)These flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazard which increase flood heights and velocities, and
when inadequately anchored, damage uses in other areas. Uses that are
inadequately floodproofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
1.3STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and
general welfare, and to minimize public and private losses due to flood
conditions to specific areas by provisions designed:
(1)To protect human life and health;
(2)To minimize expenditure of public money for costly flood control projects;
(3)To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4)To minimize prolonged business interruptions;
(5)To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in areas
of special flood hazard;
(6)To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood
blight areas;
(7)To ensure that potential buyers are notified that property is in an area of
special flood hazard; and,
(8)To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
1.4METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purpose, this ordinance includes methods and
provisions for:
(1)Restricting or prohibiting uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
(2)Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
(3)Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel flood waters;
(4)Controlling filling, grading, dredging, and other development which may
increase flood damage; and,
(5)Preventing or regulating the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in other
areas.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted so as to give them the meaning they have in common usage and to
give this ordinance its' most reasonable application.
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted to give them the meaning they have in common usage and to give
this ordinance its most reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial
fan or similar landform which originates at the apex and is characterized by
high-velocity flows; active processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow
path of the major stream that formed the fan becomes unpredictable and alluvial
fan flooding can occur.
AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater
annual chance of flooding to an average depth of one to three feet where a
clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. The
area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After
detailed rate making has been completed in preparation for publication of the
FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE
or V.
BASE FLOOD - means the flood having a one percent chance of being equaled or
exceeded in any given year.
BASEMENT - means any area of the building having its floor sub-grade (below
ground level) on all sides.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire
system would be compromised.
DEVELOPMENT - means any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
ELEVATED BUILDING - means a non-basement building (i) built, in the case of a
building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of
the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to
have the bottom of the lowest horizontal structure member of the elevated floor
elevated above the ground level by means of pilings, columns (posts and piers),
or shear walls parallel to the flow of the water and (ii) adequately anchored so
as not to impair the structural integrity of the building during a flood of up
to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO,
AH, B, C, X, and D, "elevated building" also includes a building elevated by
means of fill or solid foundation perimeter walls with openings sufficient to
facilitate the unimpeded movement of flood waters. In the case of Zones V1-30,
VE, or V, "elevated building" also includes a building otherwise meeting the
definition of "elevated building," even though the lower area is enclosed by
means of breakaway walls if the breakaway walls met the standards of Section
60.3(e) (5) of the National Flood Insurance Program regulations.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures
for which the "start of construction" commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing
construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date
of the flood plain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the
preparation of additional sites by the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
FLOOD OR FLOODING - means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation
of the base flood, as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as a floodplain ordinance, grading ordinance and erosion control
ordinance) and other applications of police power. The term describes such state
or local regulations, in any combination thereof, which provide standards for
the purpose of flood damage preventions and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which funds
have been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the areas
within a community subject to a "special flood hazard" and the extent of the
depths of associated flooding. Such a system typically includes hurricane tidal
barriers, dams, reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities,
structures and their contents.
FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary for
the loading and unloading of cargo or passengers, and ship building and ship
repair facilities, but does not include long-term storage or related
manufacturing facilities
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
2. Certified or preliminarily determined by the Secretary of the 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;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
Interior; or
4. Individually listed on a local inventory or historic places in communities
with historic preservation programs that have been certified either:
a) by an approved state program as determined by the Secretary of the Interior
or;
b) directly by the Secretary of the Interior in states without approved
programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control,
or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee, or
levees, and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking
or vehicles, building access 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 requirement Section 60.3 of the National Flood Insurance Program
regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. The term
"manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates,
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. For
floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a
floodplain management regulation adopted by a community and includes any
subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is:
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. designed to be self-propelled or permanently towable by a light duty truck;
and
4. designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include excavation for 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 a
substantial improvement, 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.
STRUCTURE - means a walled and roofed building, including gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage
occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure before "start of construction" of the
improvement. This includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however,
include either:
1. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary conditions or
2. Any alteration of a "historic structure", provided that the alteration will
not preclude the structure's continued designation as a "historic structure."
VARIANCE - is a grant of relief to a person from the requirement of this
ordinance when specific enforcement would result in unnecessary hardship. A
variance, therefore, permits construction or development in a manner otherwise
prohibited by this ordinance. (For full requirements see Section 60.0 of the
National Flood Insurance Program regulation.)
VIOLATION - means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or
other development without the elevation certificate, other certifications, or
other evidence of compliance required in Section 60.3 (b)(5), (c)(4), (c)(10),
(d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time
as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine
areas.
SECTION 3.0
GENERAL PROVISIONS
3.1LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard within the
jurisdiction of the City of Groton.
3.2BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "Flood Insurance Study
for the City of Groton, dated March 18, 2008, with an accompanying Flood
Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be a
part of this ordinance. The FIRM panel numbers are 46013C D Firm. The Flood
Insurance Study and FIRM are on file at 209 North Main Street, Groton, South
Dakota.
3.3COMPLIANCE
No structure or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of this ordinance
and other applicable regulations.
3.4 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
3.5INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall
be:
(1)Considered as minimum requirements;
(2)Liberally construed in favor of the governing body; and,
(3)Deemed neither to limit nor repeal any other powers granted under State
statutes.
3.6WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for
regulatory purposes and is based on scientific and engineering considerations.
Larger
floods can and will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This ordinance does not imply that land outside the
areas of special flood hazard or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not create liability on the
part of the City of Groton, any officer or employee thereof, or the Federal
Emergency Management Agency for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
SECTION 4.0
ADMINISTRATIVE
4.1ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be obtained before construction or development begins
within any area of special flood hazard established in Section 3.2. A property
receiving a Letter of Map Amendment or Letter of Map based upon fill must also
obtain a development permit.
Application for a development permit shall be made on forms furnished by the
City Finance Officer and may include, but not be limited to:
Plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities; and the location of the foregoing.
Where base flood elevations are utilized, all new construction, substantial
improvements and other development must comply with requirements of Section
4.3-2, Use of Other Base Flood Data.
4.2DESIGNATION OF THE CITY FINANCE OFFICER
The City Finance Officer is hereby appointed to administer and implement this
ordinance by granting or denying development permit applications in accordance
with its provisions.
4.3DUTIES AND RESPONSIBILITIES OF THE CITY FINANCE OFFICER
Duties of the City Finance Officer shall include, but not be limited to:
4.3-1Permit Review
(1)Review all development permits to determine that the permit requirements of
this ordinance have been satisfied;
(2)Review all development permits to determine that all necessary permits have
been obtained from Federal, State, or local governmental agencies from which
prior approval is required.
(3)Review all development permits to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the
encroachment provisions of Section 5.3(1) are met.
4.3-2Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance with Section
3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the City Finance
Officer shall obtain, review, and reasonably utilize any base flood elevation
and floodway data available from any Federal, State, or other source. Where base
flood elevation data are utilized, all new construction, substantial
improvements, or other development in Zone A are administered in accordance with
Sections 4.3-3, Information to be Obtained and Maintained and 5.2, SPECIFIC
STANDARDS.
4.3-3Information to be Obtained and Maintained
(1)Obtain and record the actual elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement.
(2)For all new or substantially improved floodproofed structures:
(i)Verify and record the actual elevation (in relation to mean sea level) to
which the structure has been floodproofed.
(ii)Maintain the floodproofing certifications required in Section 4.1(3).
(3)Maintain for public inspection all records pertaining to the provisions of
this ordinance.
4.3-4Alternation of Watercourses
(1)Notify adjacent communities and the South Dakota Emergency Management prior
to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
(2)Require that maintenance is provided within the altered or relocated portion
of said watercourse so that the flood-carrying capacity is not diminished.
4.3-5Interpretation of FIRM Boundaries
Make interpretations, where needed, as to the exact location of the boundaries
of the areas of special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions). The person
contesting the location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Section 4.4.
4.4VARIANCE PROCEDURE
4.4-1Appeal Board
(1)The City Council, as established by City of Groton, shall hear and decide
appeals and request for variance from the requirements of this ordinance.
(2)The City Council shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the City Finance
Officer in the enforcement or administration of this ordinance.
(3)Those aggrieved by the decision of the City Council, or any taxpayer, may
appeal such decisions to the Circuit Court as provided in State Statute.
(4)In passing upon such applications, the City Council shall consider all
technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and:
(i)the danger that materials may be swept onto other lands to the injury of
others;
(ii)the danger to life and property due to flooding or erosion damage;
(iii)the susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners;
(iv)the importance of the services provided by the proposed facility to the
community;
(v)the necessity to the facility of a waterfront location, where applicable;
(vi)the availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(vii)the compatibility of the proposed use with the existing and anticipated
development;
(viii)the relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(ix)the safety of access to the property in times of flood for ordinary and
emergency vehicles;
(x)the expected heights, velocity, duration, rate of rise and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at
the site; and,
(xi)the costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water systems, streets and bridges.
(5)Upon consideration of the factors of Section 4.4-1(4) and the purposes of
this ordinance, the City Council may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance.
(6)The City Finance Officer shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Emergency Management Agency and the SD Office of Emergency Management.
4.4-2Conditions for Variances
(1)Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the base
flood level, providing items (i-xi) in Section 4.4-1(4) have been fully
considered. As the lot size increases beyond the one-half acre, the technical
justifications required for issuing the variance increases.
(2)Variances may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or the State
Inventory of Historic Places without regard to the procedures set forth in the
remainder of this section.
(3)Variances shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(4)Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(5)Variances shall only be issued upon:
(i)a showing of good and sufficient cause;
(ii)a determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(iii)a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expenses, create nuisances, cause fraud on or victimization of the public
as identified in Section 4.4-1(4) or conflict with existing local laws or
ordinances.
(6)Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor below the
base flood elevation and that the cost of flood insurance will be commensurate
with the increased risk from the reduced lowest floor elevation.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1GENERAL STANDARDS
In all areas of special flood hazard, the following standards are required:
5.1-1Anchoring
(1)All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure and capable of
resisting the hydrostatic and hydrodynamic loads.
(2)All manufactured homes must be elevated and anchored to resist flotation,
collapse or lateral movement and capable of resisting the hydrostatic and
hydrodynamic loads. Methods of anchoring may include, but are not limited to use
of, over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable State and local anchoring requirements for resisting wind
forces. Specific requirements may be:
(i)over-the-top ties be provided at each of the four corners of the manufactured
home, with two additional ties per side at intermediate locations, with
manufactured homes less than 50 feet long requiring one additional tie per side.
(ii)frame ties be provided at each corner of the home with five additional ties
per side at intermediate points, with manufactured homes less than 50 feet long
requiring four additional ties per side;
(iii)all components of the anchoring system be capable of carrying a force of
4,800 pounds; and
(iv)any additions to the manufactured home be similarly anchored.
5.1-2Construction Materials and Methods
(1)All new construction and substantial improvements shall be constructed of
materials and utility equipment resistant to flood damage.
(2)All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(3)All new construction and substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding.
5.1-3Utilities
(1)All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(2)New and replacement sanitary sewage systems shall e designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the
systems into flood waters; and
(3)On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
5.1-4Subdivision Proposals
(1)All subdivision proposals shall be consistent with the need to minimize flood
damage;
(2)All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize
flood damage;
(3)All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
(4)Base flood elevation data shall be provided for subdivision proposals and
other proposed development which contain at least 50 lots or 5 acres (whichever
is less).
5.2SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation data has been
provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD or SECTION 4.3-2, Use of Other Base Flood Data, the
following provisions are required:
5.2-1Residential Construction
New construction and substantial improvement of any residential structure shall
have the lowest floor (including basement) elevated to the base flood elevation
unless the properties have received a Letter of Map Amendment or Letter of Map
Revision and all FEMA regulations are complied with.
5.2-2Nonresidential Construction
New construction and substantial improvement of any commercial, industrial or
other nonresidential structure shall either have the lowest floor (including
basement) elevated to one foot above the level of the base flood elevation; or,
together with attendant utility and sanitary facilities, shall:
(1)be floodproofed so that below the base flood elevation the structure is
watertight with walls substantially impermeable to the passage of water;
(2)have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyance; and,
(3)be certified by a registered professional engineer or architect that the
design and methods of construction are in accordance with accepted standards of
practice for meeting the provisions of this paragraph. Such certifications shall
be provided to the official as set forth in Section 4.3-3(2).
(4)Properties that have received a Letter of Map Amendment or Letter of Map
Revision based upon fill must comply with all FEMA regulations.
5.2-3Openings in Enclosures Below the Lowest Floor
For all new construction and substantial improvements, fully enclosed areas
below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must
meet or exceed the following minimum criteria;
(1)A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be
provided;
(2)The bottom of all openings shall be no higher than one foot above grade;
(3)Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
5.2-4Below-Grade Residential Crawlspace Construction
New construction and substantial improvement of any below-grade crawlspace
shall:
(1)Have the interior grade elevation, that is below base flood elevation, no
lower than two feet below the lowest adjacent grade;
(2)Have the height of the below grade crawlspace measured from the interior
grade of the crawlspace to the top of the foundation wall, not exceed four feet
at any point;
(3)Have an adequate drainage system that allows floodwaters to drain from the
interior area of the crawlspace following a flood;
(4)Meet the provisions of Section 5.1-1, Anchoring; 5.1-2, Construction
Materials and Methods; and 5.2-3, Openings in Enclosures Below the Lowest Floor.
5.2-5Manufactured Homes
(1)Manufactured homes shall be anchored in accordance with Section 5.1-1(2).
(2)All manufactured homes or those to be substantially improved shall conform to
the following requirements:
(a)Require that manufactured homes that are placed or substantially improved on
a site (i) outside of a manufactured home park or subdivision, (ii) in a new
manufactured home park or subdivision, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) in an existing manufactured home
park or subdivision on which a manufactured home has incurred "substantial
damage" as the result of a flood, be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated to or above the base
flood elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
(b)Require that manufactured homes to be placed or substantially improved on
sites in existing manufactured home parks or subdivisions that are not subject
to the provisions in (a) above be elevated so that either (i) the lowest floor
of the manufactured home is at or above the base flood elevation, or (ii) the
manufactured home chassis is supported by reinforced piers or other foundation
elements that are no less than 36 inches in height above grade and be securely
anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
5.2-6Recreational Vehicles
(1)Require that recreational vehicles either (i) be on the site for fewer than
180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii)
meet the permit requirements and elevation and anchoring requirements for
manufactured homes.
5.3FLOODWAYS
Located within areas of special flood hazard established in Section 3.2 are
areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of flood waters which carry debris, potential projectiles,
and erosion potential, the following provisions apply:
(1)Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the
base flood discharge.
(2)If Section 5.3 (1) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION.
First Reading 1/21/08
Second Reading 2/19/08
Adopted 2/19/08
Published 2/25/08
Effective 3/17/08
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