[Amended 1-4-2000 by Ord. No. 2901; 5-2-2000 by Ord. No. 2908; 8-5-2008 by Ord. No. 6017]
The Legislature of the State of Oklahoma has,
in 82 O.S. §§ 1601 through 1618, as amended, Chapter
23, delegated the responsibility of local government units to adopt
regulations designed to minimized flood losses. Therefore, the City
of El Reno, Canadian County, Oklahoma, hereby adopts the following
floodplain management regulations.
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize flood losses resulting
from periodic inundation of the base flood by applying provisions
designed to:
A.
Protect human health and life;
B.
Minimize expenditures of public money for costly flood
control projects;
C.
Minimize the need for rescue and relief efforts associated
with flooding, generally undertaken at the expense of the general
public;
D.
Minimize prolonged business interruptions;
E.
Minimize damage to public facilities and utilities
such as water, sanitary sewer, and gas mains; electric and telecommunications
lines; streets and bridges located in floodplains;
F.
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 future flood blight areas; and
G.
Ensure that potential buyers are notified that property
is in a flood area.
In order to accomplish its purposes, these regulations use the
following methods:
A.
Restrict or prohibit uses that are dangerous to the
health, safety, or property in times of flood, or cause excessive
increases in flood heights or velocities.
B.
Require that uses vulnerable to flooding, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.
Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which are involved in the
accommodation of floodwaters.
D.
Control filling, grading, dredging and other development
which may increase flood damage.
E.
Prevent or regulated the construction of flood barriers
which will unnaturally divert floodwaters, or which may increase flood
hazards to other lands.
Unless specifically defined below, words or phrases used in
these regulations shall be interpreted to give them the meaning they
have in common usage, and to give these regulations their most reasonable
application.
Structures which are on the same parcel of property as the
principal structure and the use of which is incidental to the use
of the principal structure (such as garages and storage sheds).
A designated AO or AH Zone on a community's FIRM with a one-percent
or greater annual chance of flooding to an average depth of one foot
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.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year, as designated
by the FIRM maps adopted by the City of El Reno, Oklahoma.
[Added 6-9-2020 by Ord.
No. 9228]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation in feet above mean sea level of the one-percent-chance
flood as defined as the base flood shown above.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The Oklahoma Water Resources Board.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
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.
A nonbasement 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 elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
floor 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 floodwaters.
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."
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 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 floodplain management regulations adopted by a community.
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 facilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The Federal Emergency Management Agency.
Flood Insurance Rate Map.
An official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the areas of special
flood hazards and the risk-premium zones applicable to the community.
The official report provided by FEMA. The report contains
flood profiles, floodway data and the water surface elevation of the
base flood along with FIRMs.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A person accredited by the Board and designated by a floodplain
board to administer and implement laws and regulations relating to
the management of the floodplains.
The operation of an overall program of corrective and preventative
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management
regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purposes 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 prevention and reduction.
Any land susceptible to being flood-inundated by water from
any source (see definition of "flooding").
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.
Any combination of structural and nonstructural 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.
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.
A use that cannot perform its intended purpose unless it
is located or carried out in a 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
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.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of 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 nonelevation design requirements of Section 60.3
of the National Flood Insurance Program Regulations.
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 attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For the purposes 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.
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.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Designed primarily not for use as a permanently
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
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 that 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 the installation of streets
and/or walkways; nor does it include the excavation of 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 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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
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% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This includes structures that have incurred substantial damage, regardless
of the actual repair work performed. The term does not, however, include
either:
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
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
The granting of relief to a person from the requirements
of these regulations or ordinance when specific enforcement would
result in unnecessary hardship. A variance, therefore, permits construction
or development in a manner otherwise prohibited by these regulations.
(For full requirements, see Section 60.6 of the National Flood Insurance
Program regulations.)
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 by
this article is presumed to be in violation until such time as that
documentation is provided.
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.
These floodplain management regulations shall apply to all areas
of special flood hazard within the jurisdiction of the incorporated
limits of the City of El Reno, Canadian County, Oklahoma.
A.
The areas of special flood hazard identified by FEMA
in a scientific and engineering report entitled "The Flood Insurance
Study for Canadian County and Incorporated Areas" (dated July 22,
2020), along with the FIRM maps, are hereby adopted by reference and
declared to be a part of these regulations. These regulations shall
go into effect on July 22, 2020, and until this time the current provisions
found in the Code of the City of El Reno shall remain in full effect.
[Amended 6-9-2020 by Ord. No. 9228]
B.
A development permit shall be required to ensure conformance
with the provisions of these floodplain management regulations.
C.
No structure or land shall hereafter be located, altered,
or have its use changed without full compliance with the terms of
these regulations and other applicable regulations.
D.
These regulations are not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions.
However, where these regulations and any other ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes
the more stringent restrictions shall apply.
The degree of flood protection required by these
regulations is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. On rare occasions,
greater floods can and will occur, and flood heights may be increased
by man-made or natural causes. These regulations do not imply that
land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. These
regulations shall not create liability on the part of the community
or any official or employee thereof for any flood damages that result
from reliance on these regulations or any administrative decision
made lawfully hereunder.
A.
The Community Development Director is hereby appointed
to act as the floodplain administrator to administer and implement
the provisions of these regulations and other appropriate sections
of 44 CFR (National Flood Insurance Program Regulations) pertaining
to floodplain management.
B.
Duties and responsibilities of the floodplain administrator
shall include, but not be limited to, the following:
(1)
Maintain and hold open for public inspection all records
pertaining to the provisions of these regulations.
(2)
Review permit applications to determine whether proposed
building sites, including the placement of manufactured homes, will
be reasonably safe from flooding.
(3)
Review, approve, or deny all applications for development
permits required by adoption of these regulations.
(4)
Review permits for the proposed development to assure
that all necessary permits have been obtained from those federal,
state, or local governmental agencies (including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334) from which prior approval was required.
(5)
Where interpretation is needed as to the exact location
of the boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and
actual field conditions), the floodplain administrator shall make
the necessary interpretation.
(6)
Notify, in riverine situations, adjacent communities
and the state coordinating agency, the Oklahoma Water Resources Board,
prior to any alternation or relocation of a watercourse, and submit
evidence of such notifications to FEMA.
(7)
Assure that the flood-carrying capacity within the
altered or relocated portion of any watercourse is maintained.
(8)
Shall require the applicant/developer to provide base flood elevation in order to administer the provisions of § 361-96.
(9)
When a regulatory floodway has not been designated,
the floodplain administrator must require that no new construction,
substantial improvements, or other development (including fill) shall
be permitted within Zones A1-30 and AE on the community's FIRM, unless
it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
(10)
Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, and AH on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).
(11)
Become accredited by the Board in accordance
with 82 O.S. §§ 1601 through 1618, as amended.
(12)
After a disaster or other type of damage occurrence
to structures in the incorporated limits of the City of El Reno, determine
if the residential and nonresidential structures and manufactured
homes have been substantially damaged and enforce the substantial
improvement requirements.
A.
Application for a development permit shall be presented
to the floodplain administrator on forms furnished by the City of
El Reno, and may include but is not limited to legible plans in duplicate
drawn to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures,
including the placement of manufactured homes, and the location of
the foregoing in relation to areas of special flood hazard. Additionally,
the following information is required:
(1)
Elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new and substantially improved structures;
(2)
Elevation (in relation to mean sea level) to which
any nonresidential structure may be floodproofed;
(3)
Description of the extent to which any watercourse
or natural drainage will be altered or relocated as result of proposed
development;
(4)
Maintain a record of all such information in accordance with § 361-92B(1).
B.
Approval or denial of a development permit by the
floodplain administrator shall be based on all of the provisions of
these regulations and the following relevant factors:
(1)
The danger to life and property due to potential flooding
or erosion damage;
(2)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owner;
(3)
The danger that materials may be swept onto other
lands to the injury of others;
(4)
The compatibility of the proposed use with existing
and anticipated development;
(5)
The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(6)
The cost of providing governmental services during
and after flood conditions, including maintenance and repair of streets,
bridges, and public utilities;
(7)
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;
(8)
The necessity to the facility of a waterfront location,
where applicable;
(9)
The availability of alternate locations, not subject
to flooding or erosion damage, for the proposed use;
(10)
The relationship of the proposed use to the
City of El Reno Comprehensive Plan and Land Use Map for that area.
The Board of Adjustment may grant variances from the floodplain
regulations, subject to the following requirements:
A.
Any person seeking a variance shall file a petition
with the Board of Adjustment accompanied by a filing fee set by City
Council via resolution.
B.
The Board of Adjustment shall hear and render judgment
on an appeal only when it is alleged there is an error in any requirement,
decision, or determination made by the floodplain administrator in
the enforcement or administration of these regulations.
C.
The floodplain administrator shall maintain a record
of all actions involving an appeal and shall report variances to FEMA
upon request.
D.
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 these regulations.
E.
Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided the relevant factors described in § 361-93 have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variances increases.
F.
Upon consideration of the factors noted above and the intent of these regulations, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of these regulations (see § 361-87).
G.
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
H.
Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
A.
Variance applications must be accompanied by a filing
fee set by Council via resolution, and must include all documentation
the floodplain administrator deems necessary for the hearing.
B.
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
D.
Variances shall only be issued upon a determination
that granting a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
the creation of nuisance, cause fraud on or the victimization of the
public, or conflict with any existing laws.[2]
E.
A written notice will be provided to any persons granted
a variance to build a structure below the base flood elevation. Said
notice will inform the applicant that the cost of flood insurance
will be commensurate with the increased risk resulting from permitting
the structure to be built lower than the base flood elevation.
F.
Issuance of variances.
G.
Any person(s) aggrieved by the decision of the Board
of Adjustment may appeal such decision in the courts of competent
jurisdiction.
In all areas of special flood hazards the following provisions
are required for all new construction and substantial improvements:
A.
All new construction or substantial improvements shall
be designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
B.
All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood damage;
C.
All new construction or substantial improvements shall
be constructed with materials resistant to flood damage;
D.
All new construction or 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 flood conditions;
E.
All new and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system and discharge from the systems into floodwaters; and
F.
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
In all areas of special flood hazards as set forth in § 361-90A, the following provisions are required:
A.
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated two feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit certification to the floodplain administrator that the standard of this subsection as proposed in § 361-93A(1) is satisfied.
B.
Nonresidential construction. New construction and
substantial improvements of any commercial, industrial or other nonresidential
structure shall have the lowest flood (including basement) elevated
two feet above the base flood level. The floodplain administrator
shall maintain a record of all elevation certificates that includes
the specific elevation (in relation to the mean sea level) to which
each structure has been elevated.
C.
Enclosures. New construction and substantial improvements,
with fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding, shall be designed
to automatically equalize the 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 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 foot of enclosed area subject
to flooding shall be provided.
(2)
The bottom of all opening shall be no higher than
one foot above grade.
(3)
Openings may be equipped with screens, louvers, valves,
or other coverings or devices, provided they permit the automatic
entry and exit of floodwaters.
D.
Manufactured homes. The floodplain administrator shall:[1]
(1)
Require that all manufactured homes to be placed within
Zone A on a community's FHBM or FIRM shall be installed using methods
and practices that minimize flood damage. For the purpose of this
requirement, manufactured homes must have the bottom of the structural
I-beam elevated two feet above the base flood elevation and be anchored
to resist 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 requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
(2)
Require that manufactured homes that are placed or
substantially improved within Zones A1-30, AH, and AE on a community's
FIRM on sites outside of a manufactured home park or subdivision;
in a new manufactured home park or subdivision; in an expansion to
an existing manufactured home park or subdivision, or in an existing
manufactured home park or subdivision on which a manufactured home
has incurred substantial damage as result of a flood be set on a permanent
foundation such that the bottom of the structural I-beam is elevated
to the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
(3)
Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's FIRM that are not subject to the provisions of Subsection D of this section be elevated so that the bottom of the structural I-beam of the manufactured home is elevated two feet above the base flood elevation.
E.
Recreational vehicles. The floodplain administrator
shall require that recreational vehicles placed on sites within Zones
A1-30, AH, and AE on the community's FIRM either:[2]
(1)
Be on site for fewer than 180 consecutive days.
(2)
Be fully licensed, roadworthy, and approved for highway
use.
(3)
Meet the permit requirements of § 361-93A(1) and the elevation and anchoring requirements for manufactured homes in Subsection D of this section. A recreational vehicle is ready for road use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
F.
Accessory structures. Accessory structures located
in flood hazard areas must have the following characteristics:[3]
(1)
Structure is low valued and represents a minimal investment.
(2)
Structure shall be small and not exceed 600 square
feet in size.
(3)
Structure shall be unfinished on the interior.
(4)
Structure can only be used for parking and limited
storage.
(5)
Structure shall not be used for human habitation such
as working, sleeping, living, cooking or restroom areas.
(6)
Service facilities such as electrical and heating
equipment and lowest floor must be elevated to or above the BFE.
(7)
Structure is constructed and placed on the building
site so as to offer minimum resistance to the flow of floodwaters.
(8)
Structure is designed to have low flood damage potential,
i.e., constructed with flood-resistant materials.
(9)
Structure is firmly anchored to prevent flotation,
collapse, and lateral movement.
(10)
Floodway requirements must be met in the construction
of the structure.
(11)
Openings to relieve hydrostatic pressure during
a flood shall be provided below the BFE.
(12)
Structure shall be located so as not to cause
damage to adjacent and nearby structures.
A.
All subdivision proposals including the placement
of manufactured home parks and all subdivisions shall be consistent
with these regulations in their entirety.
B.
All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet the development permit requirements of § 361-90 of these regulations.
C.
Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to § 361-90 or § 361-92B(8).
D.
All subdivision proposals including the placement
of manufactured home parks and subdivisions shall have adequate drainage
provided to reduce exposure to flood hazards.
E.
All subdivision proposals including the placement
of manufactured home parks and subdivisions shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize or eliminate flood damage.
Located within the areas of special flood hazard established in § 361-90A are areas designed for shallow flooding. These areas have special flood hazards associated with base flood depths of one foot to three feet where a clearly defined channel does not exist, and where the path of flooding is unpredictable and where velocity flows may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
A.
All new construction and substantial improvements
of residential structures have the lowest floor (including basement)
elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the community's FIRM (at least two
feet if no depth number is specified).
B.
All new construction and substantial improvements
for nonresidential structures shall:
(1)
Have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if no
depth number is specified); or
(2)
Together with attendant utility and sanitary facilities,
be designed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads of effects of buoyancy.
C.
A registered professional engineer or architect shall submit certification to the floodplain administrator verifying the standards of this section as proposed in § 361-93A(1) are satisfied.
Floodways located within areas of special flood hazard established in § 361-90A are areas designated as floodways. Due to the velocity of floodwaters carrying debris and projectiles, and in consideration of the potential for erosion, floodways are extremely hazardous areas where the following provisions shall apply:
A.
Encroachments are prohibited, including fill, new
construction, and substantial improvements and other developments
within the adopted regulatory floodway, unless it has been demonstrated
through hydrological and hydraulic analyses performed in accordance
with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
C.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in the base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.
No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with
the terms of this article and other applicable regulations. Violation
of the provision of this article by failure to comply with any of
its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this article or fails to comply with any of
its requirements shall, upon conviction thereof, be fined not more
than $500 or imprisoned not more than 60 days, or both, for each violation,
and in addition shall pay all costs and expense involved in the case.
Nothing herein contained shall prevent the City of El Reno from taking
other such lawful action as deemed necessary to prevent or remedy
each violation.
