[Code 2005 § 46-34; Ord. No. 04-17-07-07, art. I, § A, 4-17-2007]
The Legislature of the State of Oklahoma has in (statutes) 82
O.S. §§ 1601 — 1618, as amended, Chapter
23 delegated the responsibility of local governmental units to adopt
regulations designed to minimize flood losses.
[Code 2005 § 46-32; Ord. No. 04-17-07-07, art. I, § B, 4-17-2007]
A.
The flood hazard areas of the City of Cushing are subject to periodic
inundation, which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services,
and extraordinary public expenditures for flood protection and relief,
all of which adversely affect the public health, safety and general
welfare.
B.
These flood loses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazards areas by uses vulnerable to
floods and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood damage.
[Code 2005 § 46-33; Ord. No. 04-17-07-07, art. I, § C, 4-17-2007]
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains;
(6)
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
(7)
Insure that potential buyers are notified that property is in a flood
area.
[Code 2005 § 46-34; Ord. No. 04-17-07-07, art. I, § D, 4-17-2007]
In order to accomplish its purposes, this article uses the following
methods:
(1)
Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood
heights or velocities;
(2)
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3)
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation
of flood waters;
(4)
Control filling, grading, dredging and other development which may
increase flood damage;
(5)
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
[Code 2005 § 46-35; Ord. No. 04-17-07-07, art. II, 4-17-2007]
Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meaning they have
in common usage and to give this article its most reasonable application.
Structures which are on the same parcel of property as the
principle structure and the use of which is incidental to the use
of the principle structure (such as garages and storage sheds).
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.
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.
A designated AO or AH 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.
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 ratemaking has been completed in preparation
for publication of the FIRM, zone A usually is refined into zones
A, AE, AH, AO, on A1-99.
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 elevation
of the base flood or one-percent chance flood.
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 manmade change to 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 non-basement building:
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; and
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.
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 FIRM's 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 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 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 utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
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.
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 floodway width, section
area and mean velocity.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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
area 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.
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 preventive
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 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 prevention and reduction.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
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, 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.
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 or historic places
in communities with historic preservation programs that have been
certified either:
A manmade 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.
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.
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 of § 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 connected 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 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.
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.
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 permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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 the installation
of streets and/or walkways; 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.
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 "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 a "historic structure" provided that the alteration
would not preclude the structure's continued designation as a
"historic structure."
Is a grant of relief to a person from the requirement 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 § 60.6 of the National Flood
Insurance Program regulations.)
The failure of a structure or other development to be fully
compliant with this community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10) or (d)(3) [of the National
Flood Insurance Program regulations] 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.
[Code 2005 § 46-36; Ord. No. 04-17-07-07, art. III, § A, 4-17-2007]
This article shall apply to all areas of special flood hazard
within the jurisdiction of the City of Cushing, Oklahoma.
[Code 2005 § 46-37; Ord. No. 04-17-07-07, art. III, § B, 4-17-2007;
amended at adoption]
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering report
entitled, "The Flood Insurance Study for Payne County & Incorporated
Areas," dated May 16, 2007, with accompanying flood insurance rate
map (FIRM) and any subsequent editions are hereby adopted by reference
and declared to be a part of this article.
[Code 2005 § 46-38; Ord. No. 04-17-07-07, art. III, § C, 4-17-2007]
A development permit shall be required to ensure conformance
with the provisions of this article.
[Code 2005 § 46-39; Ord. No. 04-17-07-07, art. III, § D, 4-17-2007]
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
article and other applicable regulations.
[Code 2005 § 46-40; Ord. No. 04-17-07-07, art. III, § E, 4-17-2007]
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and any other ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
[Code 2005 § 46-41; Ord. No. 04-17-07-07, art. III, § F, 4-17-2007]
In the interpretation and application of this article, all provisions
shall be:
[Code 2005 § 46-42; Ord. No. 04-17-07-07, art. III, § G, 4-17-2007]
The degree of flood protection required by this article is considered
reasonably 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 manmade or natural
causes. This article does 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. This article 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 lawfully made hereunder.
