[Code 2005 § 46-56; Ord. No. 04-17-07-07, art. IV, § A, 4-17-2007]
The City Commission shall designate or appoint a floodplain
administrator to administer and implement the provisions of this article
and other appropriate sections of 44 CFR (National Flood Insurance
Program Regulations) pertaining to floodplain management.
[Code 2005 § 46-57; Ord. No. 04-17-07-07, art. IV, § B, 4-17-2007]
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 application to determine whether proposed building
site, 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 proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies (including § 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval
are 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 state water resources board, prior to any
alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance
with § 46-37, the floodplain administrator shall obtain,
review and reasonably utilize any base flood elevation data and floodway
data available from a federal, state or other source, in order to
administer the provisions of Division 3 of this article.
(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, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that 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
— 1618, as amended.
(12) After a disaster or other type of damage occurrence to structures
in the City, determine if the residential and nonresidential structures
and manufactured homes have been substantially damaged and enforce
the substantial improvement requirement.
[Code 2005 § 46-58; Ord. No. 04-17-07-07, art. IV, § C, 4-17-2007]
A. Application for a development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not
be limited to, 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 shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of §
7-30(2);
(4) Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
(5) Maintain a record of all such information in accordance with § 7-26(b)(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 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 costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical
and water systems;
(7) 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 site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(10) The relationship of the proposed use to the comprehensive plan for
that area.
[Code 2005 § 46-59; Ord. No. 04-17-07-07, art. IV, § D, 4-17-2007]
(1) The appeal board as established by the community shall hear and render
judgment on requests for variances from the requirements of this article.
(2) The appeal board 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 this article.
(3) Any person or persons aggrieved by the decision of the appeal board
may appeal such decision in the courts of competent jurisdiction.
(4) The floodplain administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5) 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 article.
(6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in §
7-26 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (§
7-15).
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(9) 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 a
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
b. Variances shall only be issued upon:
1. Showing a good and sufficient cause;
2. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
3. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws, regulations or
ordinances.
c. A written notice will be provided to any person granted a variance
to build a structure below the base flood elevation. This notice will
inform the variance 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.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use provided that:
a. The criteria outlined in subsections (1) — (9) are met; and
b. The structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threats
to public safety.
(12) Any person seeking a variance shall file a petition with the floodplain
board, accompanied by a filing fee of $25.
(13) A copy of any variance issued shall be sent to the OWRB within in
15 days of issuance.