A.
The flood
hazard areas of the City are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base all
of which adversely affect the public health, safety and general welfare.
These flood losses are caused by: (a) the cumulative effect of obstructions
in floodplains causing increases in flood heights and velocities,
and (b) the occupancy of flood hazard areas by uses vulnerable to
floods, or hazardous to other land, which are inadequately elevated
or otherwise protected from flood damages.
B.
This Section
is based upon a reasonable method of analyzing flood hazards, to wit:
the latest Flood Insurance Study sponsored by the Federal Insurance
Administration.
(Ordinance O-2003-02 adopted 2/4/03)
It is the purpose of this Section to promote the public health,
safety and welfare, and to minimize the losses described in Subsection
A. [11.1.A] above by provisions designed to:
A.
Restrict
or prohibit the development of lands for uses which are dangerous
to health, safety or property in times of flood or which, with reasonably
anticipated improvements, will cause excessive increases in flood
heights or velocities;
B.
Require
that each platted lot in an area vulnerable to floods be provided
with a safe building site with adequate access and that public facilities
which serve such uses be installed with protection against flood damages
at the time of initial construction; or
C.
Protect
individuals from buying lands which are unsuited for intended purposes
because of flood hazards by prohibiting the platting of unprotected
flood hazard lands, requiring that flood hazard areas be delineated
on the final plat, and reserving through deed restrictions areas not
suitable for development.
(Ordinance O-2003-02 adopted 2/4/03)
This Section shall apply to all lands within the jurisdiction
and extraterritorial jurisdiction of the City delineated as flood
hazard areas on the floodway map.
(Ordinance O-2003-02 adopted 2/4/03)
The degree of flood protection required under this Section is
considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This Section
does not imply that areas outside the delineated flood hazard areas
or land uses permitted within such areas will be free from flooding
or flood damages. This Section shall not create liability on the part
of the City or any officer or employee thereof for any flood damages
that result from reliance on this Section or any administrative decision
lawfully made thereunder.
(Ordinance O-2003-02 adopted 2/4/03)
No land shall be platted which is determined by the Commission
to be unsuitable for its intended use by reason of flooding, inadequate
drainage, soil and rock formations with severe limitations for development,
susceptibility to mudslides or earth-slides, severe erosion potential,
unfavorable topography, inadequate water supply or sewage disposal
capabilities, or any other feature harmful to the health, safety or
welfare of the future residents or property owners of the proposed
development or the community at large. However, the Commission may
approve preliminary and final plats if developers improve lands consistent
with the standards of this and other applicable ordinances to make
the property, in the opinion of the Commission, suitable for its intended
uses. The Commission may also approve the preliminary and final plats
if the developer agrees to make suitable improvements and place a
sum in escrow pursuant to this Section to guarantee performance. In
determining the appropriateness of land development at a site, the
Commission shall consider the objectives of this Section, and:
A.
The danger
to life and property due to the increased flood heights or velocities
caused by fill, roads, and intended uses;
B.
The danger
that intended uses may be swept onto other lands or downstream to
the injury of others;
C.
The adequacy
of proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination and unsanitary conditions
under flood conditions;
D.
The susceptibility
of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
E.
The importance
of the services provided by the proposed facility to the community;
F.
The requirements
of the development for a waterfront location;
G.
The availability
of alternative locations not subject to flooding for the proposed
development and land uses;
H.
The compatibility
of the proposed uses with existing development and development anticipated
in the foreseeable future;
I.
The relationship
of the proposed development to the comprehensive plan and floodplain
management program for the area;
J.
The safety
of access to the property for emergency vehicles in times of flood;
K.
The expected
heights, velocity, duration, rate of rise and sediment transport of
the floodwaters expected at the site;
L.
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, water systems, streets and bridges.
(Ordinance O-2003-02 adopted 2/4/03)
A.
No development
or part thereof shall be approved if proposed levees, fills, structures
or other features will individually or collectively significantly
increase flood flows, heights, or damages.
B.
Building
sites for residences, motels, resorts or other dwelling or accommodation
uses shall not be permitted in floodway areas. Sites for these uses
may be permitted outside the floodway if the sites are elevated or
filled to a height of at least eighteen (18) inches above the elevation
of the regulatory flood or if other provisions are made for elevating
or adapting structures to achieve the same result. Required fill areas
must extend ten (10) feet beyond the limits of intended structures
and, if the development is not to be sewered, must include areas for
on-site waste disposal.
C.
Building
sites for structures not included in subsection B. above shall similarly
not be permitted in floodway areas. Such sites located outside the
floodway shall ordinarily be protected as provided in this Section.
However, the Commission may allow development for commercial and industrial
use at a lower elevation if the developer protects the areas to a
height of eighteen (18) inches above the regulatory flood protection
elevation by levees, seawalls, channel modifications, or other protective
techniques, or if the developer assures that uses will be protected
through structural floodproofing, flood-warning systems or other techniques
specified in this Section.
D.
If the Commission
determines that only part of a proposed plat can be safely developed,
it shall limit development to that part and shall require that development
proceed consistent with this determination.
E.
When the
developer does not intend to develop the plat himself and the Commission
determines that additional use controls are required to insure safe
development, it may require the developer to impose appropriate deed
restrictions on the land. Such deed restrictions shall be inserted
in every deed and noted on the face of the final recorded plat.
(Ordinance O-2003-02 adopted 2/4/03)
Storm drainage facilities shall be designed to store and convey
the flow of surface waters from a twenty-five (25) year frequency
storm without damage to persons or property. The system shall insure
drainage at all points along streets, and provide positive drainage
away from buildings and on-site waste disposal sites. Plans shall
be subject to approval by the Commission. The Commission may require
a primarily underground system to accommodate frequent floods (five-year)
and a secondary surface system to accommodate less frequent floods
(twenty-five-year). Drainage plans shall be consistent with local
and regional drainage plans.
(Ordinance O-2003-02 adopted 2/4/03)
A.
The Commission
may prohibit installation of sewage disposal facilities requiring
soil absorption systems where such systems will not function due to
high groundwater, flooding, or unsuitable soil characteristics. The
Commission may require that the developer/owner note on the face of
the plat and in any deed of conveyance that soil absorption fields
are prohibited in designated areas.
B.
The Commission
may prescribe adequate methods for waste disposal. If a sanitary sewer
system is located on or near the proposed development, the Commission
shall require the developer/owner to provide sewage facilities to
connect to this system where practical, and shall prescribe the procedures
to be followed by the developer/owner in connecting to the system.
C.
If City
sanitary sewer is available within one hundred (100) feet of the subject
property, the use of an existing septic tank may be continued until
the privately owned sanitary sewer system ceases to be a functioning
septic tank. No privately owned septic system may be installed after
the date of sewer availability.
(Ordinance O-2003-02 adopted 2/4/03)
All water systems, including individual wells, located in floodprone
areas, whether public or private, shall be floodproofed to a point
at or above the flood protection elevation. If there is an existing
public water supply system on or near the development, the Commission
may require the developer/owner to convert to this system.
(Ordinance O-2003-02 adopted 2/4/03)
The Commission may require the developer/owner to utilize grading
techniques, subdivision design, landscaping, sedimentation basins,
special vegetation cover, and other measures to reduce erosion and
sediment.
(Ordinance O-2003-02 adopted 2/4/03)
The Commission may, as a condition of approving any plat for
an area subject to flooding, require floodproofing of intended uses.
Floodproofing plans must be individually approved by the Commission
before such uses are constructed. Floodproofing may include:
A.
Anchorage
to resist floatation and lateral movement;
B.
Installation
of watertight doors, bulkheads, and shutters or similar methods of
closure;
C.
Reinforcement
of walls to resist water pressures;
D.
Use of
paints, membranes, mortars to reduce seepage of water through walls;
E.
Addition
of mass or weight to structures to resist flotation,
F.
Installation
of pumps to lower water levels in structures;
G.
Construction
of water supply and waste treatment systems so as to prevent the entrance
of floodwaters;
H.
Installation
of pumps or comparable facilities for subsurface drainage systems
to relieve external foundation wall and basement flood pressures;
I.
Building
design and construction to resist rupture or collapse caused by water
pressure or floating debris;
J.
Installation
of valves or controls on sanitary and storm drains which permit the
drains to be closed to prevent backup of sewage and storm waters into
buildings or structures;
K.
Location
and installation of all electrical equipment, circuits and electrical
appliances so that they are protected from inundation by the regulatory
flood;
L.
Location
of storage facilities for chemicals, explosives, buoyant materials,
flammable liquids or other toxic materials which could be hazardous
to public health, safety and welfare at elevation above the height
associated with the regulatory protection elevation; or design of
such facilities to prevent flotation of storage containers, or damage
to storage containers which could result in the escape of toxic materials
into floodwaters.
(Ordinance O-2003-02 adopted 2/4/03)
