02-05-88
FLOOD CONTROL
Section 143-12. FLOOD DAMAGE PREVENTION ORDINANCE.
(a) The flood hazard areas of the Cherokee Indian Reservation
are subject to periodic inundation which may result in loss
of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public
expenditures of flood protection and relief, all of which
adversely affect the public health, safety and general
welfare.
(b) These flood losses may be caused by the cumulative effect of
obstructions in flood plains and by the occupancy of flood
hazard areas.
Section 143-13. PURPOSES.
The purpose of this Ordinance is to promote the public health,
safety and general welfare and minimize the public and private losses
to flood conditions in specific areas by provisions designed to:
(a) restrict and prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards or which
result in damaging increases in erosion, flood heights or
velocities,
(b) required that land use vulnerable to floods, including
facilities, be protected against flood damage at the time of
initial construction,
(c) control the alteration of natural flood plains, stream
channels and natural protective barriers which are involved
in the accommodation of flood waters,
(d) control filling, grading, dredging and other development
which may increase erosion or flood damage,
(e) prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other lands.
Section 143-14. OBJECTIVES.
The objectives of this ordinance are:
(a) to protect human life and health,
(b) to minimize the expenditure or public money for costly flood
control projects,
(c) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public,
(d) to minimize prolonged business interruptions,
(e) To minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines
streets and bridges located in flood plains,
(f) to help maintain a stable tax base by providing for the
sound use and development of flood-prone areas in such a
manner as to minimize flood blight areas.
Section 143-15. DEFINITIONS:
Unless specifically defined below, words or phrases used in this
Ordinance shall be interpreted as their common meaning and to give
this Ordinance its most reasonable application.
(a) "Appeal" shall mean a request from a review of the local
administrator's interpretation of any provision of this
Ordinance or a request for a variance.
(b) "Addition to an Existing Building" shall mean any walled and
roofed expansion to the perimeter of the building in which
the addition is connected by a common load-bearing wall
other than a fire wall. Any walled and roofed addition
which is connected by a fire wall or is separated by
independent perimeter load-bearing walls is new construction.
(c) "Area of Shadow Flooding" shall mean a designated AO or VO
zone on the Tribal Flood Insurance Rate Map (FIRM) with base
flood depths from one to three feet where a clearly defined
channel does not exist, where the path of flooding in
unpredictable and intermediate and where velocity flow may
be evident.
(d) "Area of Special Flood Hazard" shall mean the land in the
flood plain within the Reservation subject to a one percent
or greater chance of flooding in any given year.
(e) "Base Flood" shall mean the flood having a one percent
chance of being equalled or exceeded in any given year.
(f) "Basement" shall mean that lowest level or story which has
its floor subgrade on all sides.
(g) "Breakaway Wall" shall mean a wall that is not part of the
structural support of the building and is intended through
its design and construction to collapse under specific
lateral loading forces without causing damage to the
elevated portion of the building or the supporting
foundation system. A breakaway wall shall have a design
safe loading resistance of not less than 10 and no more than
20 pounds per square foot. A wall with loading resistance
of more than 20 pounds per square foot requires an architect
or professional engineer's certificate.
(h) "Building" shall mean any structure built for support,
shelter or enclosure for occupancy or storage.
(i) "Development" shall mean any man-made change to real estate,
including but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or
drilling operations.
(j) "Elevated Building" shall mean a non-basement structure
built to have the lowest floor elevated above the ground
level by means of fill, solid foundation perimeter walls,
pilings, columns, shear walls or breakaway walls.
(k) "Existing Manufactured Home Park or Manufactured Home
Subdivision" shall mean a parcel of land divided into two or
more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the manufactured home is to be affixed is completed before
the effective date of this Ordinance.
(l) "Flood" or "Flooding" shall mean an general and temporary
inundation of normally dry land areas from the overflow of
stream waters or the unusual and rapid accumulation or
runoff of surface waters from any source.
(m) "Flood Hazard Boundary Map (FHBM)" shall mean the official
map issued by the Federal Insurance Administration where the
Areas of Special Flood Hazard have been designated as Zone A.
(n) "Flood Insurance Rate Map (FIRM)" shall mean the official
map of the Tribe on which the Federal Emergency Management
Agency has delineated both the areas of Special Flood Hazard
and the Risk Premium Zones applicable to the Reservation.
(o) "Flood Insurance Study" shall mean the official report
provided by the Federal Emergency Management Agency. The
report contains flood profiles, as well as the Flood
Boundary Floodway Map and the water surface elevation of the
flood base.
(p) "Floodway" shall mean 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 one foot.
(q) "Floor" shall mean the top surface of an enclosed area in a
building. The term does not include the floor of a garage
used solely for parking vehicles.
(r) "Functionally Dependent Facility" shall mean a facility
which cannot be used for its intended purpose unless it is
located or carried out in close proximity to water, such as
a docking facility necessary for the loading and unloading
of boats, or marine processing facilities. The term does
not include long-term storage, manufacture, sales or service
facilities.
(s) "Highest Adjacent Grade" shall mean the highest natural
elevation of the ground surface, prior to construction, next
to the proposed walls of the structure.
(t) "Levee" shall mean a man-made structure, designed and
constructed in accordance with sound engineering practices
to contain or divert the flow of water and protect against
temporary flooding.
(u) "Levee System" shall mean a flood protection system of
levees, which are constructed and operated in accordance
with sound engineering practices.
(v) "Lowest Floor" shall mean the lowest floor of the enclosed
area. An unfinished or flood resistant enclosure, usable
solely for parking vehicles, building access or storage, in
an area other than a basement, is not considered a
building's lowest floor, provided such enclosure is not
built to render the structure in violation of the
non-elevation design requirements of this Ordinance.
(w) "Manufactured Home" shall mean a transportable structure,
which is built on a permanent chassis and designed to be
used with or without a permanent foundation. The term also
includes park trailers, travel trailers and similar
transportable structures placed on a site for 180
consecutive days or longer and intended to be improved
property.
(x) "Manufactured Home Park or Subdivision" shall mean a parcel
of land divided into two or more manufactured home lots for
rent or sale.
(y) "Mean Sea Level" shall mean the average height of the sea
for all stages of the tide. It is used as a reference for
establishing various elevations within the flood plain. For
purposes of this Ordinance, the term is synonymous with
National Geodetic Vertical Datum.
(z) "National Geodetic Vertical Datum (NGVD)" as corrected in
1929 shall mean a vertical control used as a reference for
establishing varying elevations within the flood plain.
(aa) "New Construction" shall mean structures on which
construction was commenced on or after the effective date
of this Ordinance.
(bb) "Remedy a Violation" shall mean to bring the structure or
development into compliance with flood plain management
regulations, or if not possible, to reduce the impact of
noncompliance. Impact may be reduced by protecting the
structure or other affected development from flood damage,
implementing the enforcement provisions of the ordinance,
deterring future similar violations, or reducing Federal
financial exposure on the structure or development.
(cc) "Start of Construction" for other than new construction,
shall include substantial improvement, and means the date
the building permit was issued, provided construction,
repair or improvement was actually begun within 180 days of
the permit date. This means the first placement of
permanent construction of a structure, including a
manufactured home, on a site beyond the stage of excavation
or 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
the installation of streets 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 as part of the main structure.
(dd) "Structure" shall mean a walled and roofed building that is
principally above ground, a manufactured home, a gas or
liquid storage tank, or other man-made facilities.
(ee) "Substantial Improvement" shall mean any repair,
construction or improvement of a structure, within any
twelve month period, where the cost equals or exceeds fifty
percent of the market value of the structure, either (1)
before the improvement or repair is started, or (2) before
the damage occurred if the structure has been damaged and
is being restored. For the purposes of this definition,
"substantial improvement" is considered to occur when the
first alteration on any wall, ceiling, floor or other
structural part of the building is begun, whether or not
that alteration affects the external dimensions of the
structure. The term does not, however, include either (1)
any project for the improvement of a structure to comply
with existing health, sanitary or safety code
specifications which are solely necessary to assure safe
living conditions, or (2) any alteration of a structure
listed on the National Register of Historic Places.
(ff) "Variance" shall mean a grant of relief from the
requirements of this ordinance which permits construction
in a manner otherwise prohibited by this ordinance, where
enforcement would result in unnecessary hardship.
(gg) "Violation" shall mean the failure of a structure or other
development to be fully compliant with the community's
flood plain management regulations. A structure or
development without the elevation certificate, other
certifications, or other evidence of compliance in Sections
143-24 through 143-33 is presumed to be in violation until
such time as that documentation is provided.
Section 143-16. APPLICATION.
This ordinance shall apply to all areas of special flood hazard
within the jurisdiction of the Eastern Band of Cherokee Indians.
Section 143-17. ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal
Insurance Administration in its Flood Hazard Boundary May (FHBM) or
Flood Insurance Rate Map (FIRM), with accompanying maps and other
supporting data, and any revisions thereto are adopted by reference
and declared to be a part of this ordinance.
Section 143-18. DEVELOPMENT PERMIT.
A Development Permit shall be required prior to the commencement
of any development activities.
Section 143-19. COMPLIANCE.
No structure or land shall hereafter be located, extended,
converted or structurally altered without full compliance with the
terms of this ordinance and other applicable regulations.
Section 143-20. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate or impair any
existing easements, convenants or land use restrictions. However,
where this ordinance and another conflict, whichever imposes the more
stringent restrictions shall prevail.
Section 143-21. INTERPRETATION.
In the interpretation and application of this ordinance, all
provisions shall be (1) considered as minimum requirements, (2)
liberally construed in favor of the Tribe, and (3) deemed neither to
limit or repeal any other powers granted under law.
Section 143-22. WARNING 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 may occur.
Flood heights may be increased by man-made or natural causes. This
Ordinance is not meant to 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 Eastern Band of Cherokee Indians or by any officer
or employee thereof for any flood damages that result from reliance on
this Ordinance or any administration decision lawfully made hereunder.
Section 143-23. PENALTIES FOR VIOLATION.
Violation of the provisions of this Ordinance or failure to comply
with any of its requirements, including violations of conditions and
safeguards established in connection with grants of variance or
special exemptions, shall constitute a misdemeanor. Any person
subject to the criminal jurisdiction of the Cherokee Court who
violates this Ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
fifty dollars ($50) or imprisoned for not more than 30 days, or both.
Each day such violation continues shall be considered a separate
offence. Any person not subject to the criminal jurisdiction of the
Cherokee Court shall be subject to a civil suit by the Tribe in the
Cherokee Court of injunctive or mandamus relief together with a fine
of fifty dollars ($50) per day for each day of violation after
receiving notice of the violation. Nothing herein contained shall
prevent the Eastern Band of Cherokee Indians from taking such other
lawful action as is necessary to prevent or remedy any violation.
Section 143-24. LOCAL ADMINISTRATOR.
The Tribal Business Manager is hereby appointed to administer and
implement the provisions of this Ordinance.
Section 143-25. DEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENTS.
Application for a Development Permit shall be made to the Tribal
Business Manager prior to any development activities, on forms
furnished by the Tribe. The Development Permit includes, but shall
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 and the location of fill, material
storage areas and drainage. The following information is specifically
required:
(a) Where base flood elevation data is provided in accordance
with Section 143-26(j), the application for a development
permit within the Zone A on the Flood Insurance Rate Map
will show:
(1) the elevation (in relation to Mean Sea Level) of the
lowest floor of all new and substantially improved
structures and,
(2) if the structure has been flood-proofed in accordance
with Section 143-30(b), the elevation (in relation to
Mean Sea Level) to which the structure was
flood-proofed.
(b) Where the base flood elevation data is not provided, the
application for a development permit must show construction
of the lowest floor at least 2 feet above the highest
adjacent grade.
(c) Where any watercourse will be altered or relocated as a
result of proposed development, the application for a
development permit shall include: a description of the
extent of watercourse alteration or relocation; an
engineering report of the effects of the proposed project on
the flood carrying capacity of the watercourse and the
effects to properties located both upstream and downstream;
and a map showing the location of the proposed watercourse
alteration or relocation.
(d) When a structure is flood-proofed, the applicant shall
provide a certificate from a registered professional
engineer or architect that the non-residential flood-proofed
structure meets the flood-proofing criteria in Section
143-30(b).
(e) A floor elevation or flood-proofing certification is
required after the lowest floor is completed. Within
twenty-one (21) calendar days of establishment, of the
lowest floor elevation, or flood-proofing by whatever
construction means, whichever is applicable, it shall be the
duty of the permit holder to submit to the Tribal Business
Manager a certification of the elevation of the lowest
floor, or flood-proofed elevation, whichever is applicable,
as built, in relation to mean sea level. Said certification
shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and
certified by same. When flood-proofing is utilized for a
particular building, said certification shall be prepared by
or under the direct supervision of a professional engineer
and certified by same. Any work done within the twenty-one
(21) day calendar period and prior to submission of the
certification shall be at the permit holder's risk. The
Tribal Business Manager shall review the flood elevation
survey data submitted. Deficiencies detected by such review
shall be corrected by the permit holder immediately and
prior to any other work being performed. Failure to submit
the survey or failure to make required corrections shall be
cause to issue a stop-work order for the project.
Section 143-26. DUTIES AND RESPONSIBILITIES OF THE TRIBAL BUSINESS
MANAGER.
Duties of the Tribal Business Manager shall include, but not be
limited to:
(a) Review all development permits to determine that the permit
equirements of this Ordinance have been satisfied.
(b) Advise permittee that additional federal or state permits
may be required, and if specific federal or state permits
are known, require that copies of such permits be provided
and maintained on file with the development permit.
(c) Notify adjacent communities and the N. D. Department of
Crime Control and Public Safety, Division of Emergency
Management, State Coordinator for the National Flood
Insurance Program prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(d) Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that the
flood-carrying capacity is not diminished.
(e) Prevent encroachments within floodways unless the
certification and flood hazard reduction provisions of
Sections 143-29 through 143-33 are met.
(f) Verify and record the actual elevation (in relation to mean
sea level) to which the new or substantially improved
structures have been flood-proofed, in accordance with
Section 143-25(e).
(g) Verify and record the actual elevation (in relation to mean
sea level) to which the new or substantially improved
structures have been flood-proofed, in accordance with
Section 143-25(e).
(h) When flood-proofing is utilized for a particular structure,
obtain certifications from a registered professional
engineer or architect in accordance with Section 143-30(b).
(i) Make the necessary interpretations where interpretation is
needed as to the exact location of 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 hereafter.
(j) When base flood elevation data or floodway data has not been
provided in accordance with Section 143-17 obtain, review,
and reasonable utilize any base flood elevation data and
floodway data available from a federal, state or other
source, including data developed pursuant to Section
143-22(d), in order to administer the provisions of this
ordinance.
(k) All records pertaining to the provisions of this Ordinance
shall be maintained in the office of the Tribal Business
Manager and shall be open for public inspection.
Section 143-27. ADMINISTRATIVE PROCEDURES.
(a) Inspection of Work in Progress. As the work pursuant to a
permit progresses, the Tribal Business Manager, or his
authorized representative, shall make as many inspections of
the work as may be necessary to ensure that the work is
being done according to the provisions of the local
ordinance and the terms of the permit. In exercising this
power, the Tribal Business Manager or his authorized
representative, has a right, upon presentation of proper
credentials, to enter on any premises within Cherokee trust
lands at any reasonable hour for the purposes of inspection
or other enforcement action.
(b) Stop Orders. Whenever a building or part thereof is being
constructed, altered or repaired in violation of this
Ordinance, the Tribal Business Manager may order the work to
be immediately stopped. The stop order shall be in writing
and directed to the person doing the work. The stop order
shall state the specific work to be stopped, the specific
reasons for the stoppage, and the conditions under which the
work may be resumed. Violation of a stop order constitutes
a misdemeanor. Violations by persons not subject to the
criminal jurisdiction of the Cherokee Court shall be subject
to civil injunctive relief or petition to the Indian Agency
Superintendent for cancellation of a trader's license.
(c) Revocation of Permits. The Tribal Business Manager may
revoke and require the return of the development permit by
notifying the permit holder in writing, stating the reason
for the revocation. Permits shall be revoked for any
substantial departure from the approved application, plans
or specifications; for refusal or failure to comply with the
requirements of tribal law; or for false statements or
misrepresentations made in securing the permit. Any permit
mistakenly issued in violation of a tribal law may also be
revoked.
(d) Periodic Inspections. The Tribal Business Manager and his
authorized representatives shall have a right, upon
presentation of proper credentials, to enter on any premises
within the territorial jurisdiction of the Tribe at any
reasonable hour for the purposes of inspection or other
enforcement action.
(e) Violations to be Corrected. When the Tribal Business
Manager finds violations of tribal laws, it shall be his
duty to notify the owner or occupant of the building of the
violation. The owner or occupant shall each immediately
remedy the violations of law.
(f) Actions in Event of Failure to Take Corrective Action. If
the owner or occupant of a building or property shall fail
to take prompt corrective action, the Tribal Business
Manager shall give him written notice, by certified or
registered mail to his last known address or by personal
service.
(1) that the building or property is in violation of the
Flood Damage Prevention Ordinance,
(2) that a hearing will be held before the Business Manager
at a designated place and time, not later than 10 days
after the date of the notice, at which time the owner
shall be entitled to be heard in person or by counsel
and to present arguments and evidence pertaining to the
matter, and
(3) that following the hearing, the Business Manager may
issue such order to alter, vacate or demolish the
building, or to remove or fill as appears appropriate.
(g) Order and Take Corrective Action. If, upon a hearing held
pursuant to the notice prescribed above, the Tribal Business
Manager shall find that the building or development is in
violation of the Flood Damage Prevention Ordinance, he shall
make an order in writing to the owner, requiring the owner
to remedy the violation, within 60 days; provided, that
where the Business Manager finds that there is imminent
danger of life or other property, he may order that
corrective action be taken in such lesser period as may be
reasonable.
(h) Appeal. Any owner who has received an order to take
corrective action may appeal from the order to the Tribal
Business Committee by giving notice of appeal in writing to
the Business Manager and the Principal Chief within 10 days
following the issuance of the final order. In the absence
of an appeal, the order of the Business Manager shall be
final. The Tribal Business Committee shall hear an appeal
within a reasonable time and may affirm, modify and affirm,
or revoke the order.
(i) Failure to Comply with Order. If the owner or occupant of a
building or property fails to comply with an order to take
corrective action from which no appeal has been taken, or
fails to comply with an order of the Tribe following an
appeal, he shall be guilty of a misdemeanor and shall be
punished at the discretion of the court. If the owner or
occupant is not subject to the criminal jurisdiction of the
Cherokee Court, the Court may grant injunctive relief and
they may be subjected to cancellation of a trader's license.
Section 143-28. VARIANCE PROCEDURES.
(a) The Tribal Business Committee shall hear and decide appeals
and requests for variances from the requirements of this
Ordinance.
(b) Any person aggrieved by the decision of the Tribal Business
Committee may appeal such decision to the Cherokee Court.
(c) 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.
(d) In passing such applications, the Business Committee shall
consider all technical evaluations, all relevant factors,
all standards specified in other sections of this ordinance,
and
(1) the danger that materials may be swept onto other lands
to the injury of others,
(2) the danger to life and property due to flooding or
erosion damage,
(3) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner.
(4) the importance of the services provided by the proposed
facility to the community,
(5) The necessity to the facility of a waterfront location,
where applicable,
(6) the availability of alternative locations, not subject
to flooding and erosion damage, for the proposed use,
(7) the compatibility of the proposed use with existing and
anticipated development.
(8) the relationship of the proposed use to the
comprehensive plan and flood plain management program
for that area,
(9) the safety of access to the property in times of flood
for ordinary and emergency vehicles,
(10) the expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
side, and
(11) 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, and streets
and bridgers.
(e) Upon consideration of the factors listed above and the
purposes of this Ordinance the Business Committee may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this Ordinance.
(f) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood
discharge would result.
(g) Conditions for Variances:
(1) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(2) 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, and (iii) a determination that
the granting of a variance will not result in increased
flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, cause
fraud on or victimization of the public, or conflict
with existing tribal laws.
(3) Any applicant to whom a variance is granted shall be
given written notice specifying the difference between
the base flood elevation to which the structure is to
be built and a written statement that the cost of flood
insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
Such notification shall be maintained with a record of
all variance actions.
(4) The Business Manager shall maintain the records of all
appeal actions and report any variances to the Federal
Emergency Management Agency upon request.
Section 143-29. GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION.
In all areas of special flood hazard the following provisions are
required:
(a) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure.
(b) Manufactured homes shall be anchored to prevent flotation,
collapse or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This standard shall be in
addition to and consistent with applicable requirements for
resisting wind forces,
(c) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant
to flood damage,
(d) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damages,
(e) Electrical, heating, ventilation, plumbing, air conditioning
equipment and other service facilities shall be designed or
located to prevent water from entering or accumulating
within the components during flooding,
(f) All new and replacement water supply systems shall be
designed to minimize or eliminate filtration of flood waters
into the systems and discharges from the systems into flood
waters,
(g) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into
flood waters.
(h) On-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination
from them during flooding, and
(i) Any alteration, repair, reconstruction or improvements to a
structure which is in compliance with the provisions of this
ordinance, shall meet the requirements of "new construction"
as contained in this ordinance.
Section 143-30. SPECIFIC STANDARDS FOR FLOOD HAZARD REDUCTION.
In all areas of special flood hazard where base flood elevation
data has been provided, as set forth in Section 143-17 or Section
143-26(j) the following provisions are required:
(a) Residential Construction. New construction or substantial
improvement of any residential structure shall have the
lowest floor, including basement, elevated no lower than two
feet above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure,
openings sufficient to facilitate the unimpeded movement of
flood waters shall be provided.
(b) Non-Residential Construction. New construction or
substantial improvements of any commercial, industrial or
non-residential structures shall have the lowest floor,
including basement no lower than two feet above the level of
the base flood elevation. Structures located in A-zones may
be flood-proofed in lieu of elevation provided that all
areas of the structure below the required elevation are
water right with walls substantially impermeable to the
passage of water, using structural components having the
capability of resisting hydrostatic and hydrodynamic loads
and the effect of buoyancy. A registered professional
engineer or architect shall certify that the standards of
this subsection are satisfied. Such certification shall be
provided to the official as set forth in Section 143-25(e).
(c) Elevated Building. New construction or substantial
improvements of elevated buildings that include fully
enclosed areas formed by foundation and other exterior walls
below the base flood elevation shall be designed to preclude
finished living space and designed to allow for the entry
and exit of flood waters to automatically equalize
hydrostatic flood forces on exterior walls.
(1) Designs for complying with this requirement must either
be certified by a professional engineer or architect or
meet the following minimum criteria:
a. Provide a minimum of two openings having a total
net area of not less than one square inch for every
foot of enclosed area subject to flooding,
b. The bottom of all openings shall be no higher than
one foot above grade, and
c. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided they
permit the automatic flow of floodwaters in both
directions.
(2) Electrical, heating, ventilation, plumbing, air
conditioning equipment and other service facilities
shall be designed or located so as to prevent water
from entering or accumulating within the components
during conditions of flooding.
(3) Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles or limited
storage of maintenance equipment used in connection
with the premises or entry to the living area.
(4) The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms, except to
enclose storage areas.
(d) Floodways. Located within areas of special flood hazard
established in Section 143-17, are areas designated as
floodway. The floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris and
potential projectiles and has erosion potential. The
following provisions shall apply within such areas.
(1) No encroachments, including fill, new construction,
substantial improvements and other developments shall
be permitted unless certified with supporting technical
data, by a registered professional engineer
demonstrating that such encroachments shall not result
in any increase in flood levels during occurrence of
the base flood discharge.
(2) If Section 143-30(d)(1) is satisfied, all new
construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions
of Sections 143-29 through 143-33.
(3) No manufactured home shall be permitted, except in an
existing manufactured homes park or subdivision. A
replacement manufactured home may be placed on a lot in
an existing manufactured home park or subdivision
provided the anchoring standards of Section 143-30(b)
and the elevation standards of Section 143-30(a) are
met.
Section 143-31. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS OR FLOODWAYS.
Located within the areas of special flood hazard established in
Section 143-17, are small streams where no base flood data has been
provided or where no floodways have been identified. The following
provisions apply within such areas:
(a) No encroachments, including fill, new construction,
substantial improvements or new development shall be
permitted within a distance of the stream bank equal to two
times the width of the stream at the top of bank or twenty
feet each side from top of bank, whichever is greater,
unless certification with supporting technical data by a
registered professional engineer is provided, demonstrating
that such encroachments shall not result in any increase in
flood levels during the occurrence of the base flood
discharge.
(b) If Section 143-31(a) is satisfied and base flood elevation
data is available from other sources, all new construction
and substantial improvements within such areas shall comply
with all applicable flood hazard ordinance provisions of
Sections 143-29 through 143-33 and shall be elevated or
flood-proofed in accordance with elevations established in
accordance with Sections 143- 26(j). When base flood
elevation data is not available, the lowest floor shall be
elevated at least two feet above the highest adjacent grade.
Section 143-32. STANDARDS FOR SUBDIVISION PROPOSALS.
(a) All subdivision proposals shall be consistent with the need
to minimize flood damage.
(b) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood damage.
(c) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
(d) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater
than the lesser of fifty lots or five acres.
Section 143-33. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
Located within the areas of special flood hazard established in
Section 143-17, are areas designated as shallow flooding. These areas
have special flood hazards associated with base flood depths of one to
three feet where a clearly defined channel does not exist and where
the path of flooding is unpredictable and intermediate. The following
provisions shall apply within such areas:
(a) All new construction and substantial improvements of
residential structures shall have the lowest floor, elevated
to the depth number specified on the Flood Insurance Rate
Map, in feet, above the highest adjacent grade. If no depth
number is specified, the lowest floor shall be elevated at
least two feet above the highest adjacent grade.
(b) All new construction and substantial improvements of
non-residential structures shall:
(1) have the lowest floor, including basement, elevated to
the depth number specified on the Flood Insurance Rate
Map, above the highest adjacent grade. If no depth
number is specified, the lowest floor, including
basement, shall be elevated at least two feet above the
highest adjacent grade, or
(2) be completely flood-proofed together with attending
utility and sanitary facilities to or above the level
so that any space below the level is watertight with
walls substantially impermeable to the passage of water
and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
SOURCE: Ord. 90, eff. Feb. 5, 1988.
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