The legislature of the state has delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city does ordain as follows.
(2000 Code, sec. 19-26)
(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, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
(b)
These flood losses 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 hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
(2000 Code, sec. 19-27)
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, and streets and bridges located in floodplains;
(6)
Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas.
(2000 Code, sec. 19-28)
In order to accomplish its purpose, 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 floodwaters;
(4)
Control filling, grading, dredging and other development which may increase flood damage;
(5)
Prevent or regulate the construction of flood barriers which will increase flood hazards to other lands.
(2000 Code, sec. 19-29)
For the purpose of this article, the following definitions shall be applicable:
That contour line within any natural stormwater lake area in which there is sufficient water storage capacity to contain a rainfall of seven (7) inches off the areas drained into the lake reduced by a runoff factor of seventy percent (70%) of the one-hundred-year floodplain boundary of the Department of Housing and Urban Development, Federal Insurance Administration, whichever is the highest elevation.
That portion of any natural stormwater lake area below the high-water elevation plus one foot. The term “wet weather lake area” as used in this article and the term “playa lake” as used in other ordinances of the city are synonymous.
(2000 Code, sec. 19-30)
It shall be unlawful for any person, firm or corporation, in violation of this article, to:
(1)
Dump or place any dirt, debris or other solid material in any wet weather lake area;
(2)
Transport or direct the transportation of any dirt, debris or other material over any of the streets or alleys in the city for the purpose of dumping or otherwise placing any such material in any wet weather lake area;
(3)
Knowingly allow any dirt, debris or other material to be placed in any wet weather lake area to remain there for one day or more;
(4)
Excavate or alter any wet weather lake area;
(5)
Transport or direct the transportation of any dirt, debris or other material over any of the streets or alleys in the city for the purpose of or excavating or altering any wet weather lake area;
(6)
Allow the excavation or alteration of any wet weather lake area;
(7)
Erect or permit the erection of any improvements or structures within any wet weather lake area.
(2000 Code, sec. 19-31)
The dumping, excavating, altering or placing of any dirt, debris or other solid material, or its transportation or maintenance as provided in section 3.12.006 above is hereby declared to be a nuisance.
(2000 Code, sec. 19-32)
The building official is hereby prohibited from issuing any building permit or building permits for any structure or structures within any wet weather lake area, and that part of every ordinance authorizing the issuance of building permits insofar as the same may relate to land within any wet weather lake area is hereby repealed.
(2000 Code, sec. 19-33)
The city council shall refuse to approve any subdivision plat or replat within its jurisdiction until the city engineer and the planning and zoning commission have certified that no part of the area proposed to be platted is within a wet weather lake area.
(2000 Code, sec. 19-34)
Nothing in this article shall prevent an excavation of wet weather lake areas or the use of such excavated materials to make fills in the wet weather lake area for the purpose of contracting the high-water level contour line in any natural stormwater lake area to the end of salvaging a reasonable amount of usable land; provided, however, the planning and zoning commission shall not approve any plat on filled land without the certificate required in section 3.12.009 hereof and unless the filled land has an elevation above the high-water level contour line sufficient to permit construction of curb and gutter with a minimum grade of zero point two of one percent (0.002%) for the drainage of stormwater to the storage area, and provided further that this requirement shall be waived in the event stormwater drainage systems are installed and of sufficient capacity to transport storm drainage to the storage areas.
(2000 Code, sec. 19-35)
If required by the city engineer, the owner or land developer shall submit with his plat or replat a contour map showing the proposed plat and its relation to any wet weather lake area in the vicinity of the land sought to be platted. The map shall show the high-water level and the entire wet weather lake area together with the land sought to be platted, showing elevations in detail with contour elevation lines of no greater than one foot of vertical measurement.
(2000 Code, sec. 19-36)
In the event that any person affected by this article desires to appeal the decision of the city building official, the city engineer or the planning and zoning commission, the appeal shall be made to the city council.
(2000 Code, sec. 19-37)
This article shall not prohibit the construction of any public work, the extension of any public utilities or the paving of any roadway or the location and improvement of any public park in any wet weather lake area where the project is planned or the contract is approved by or is done under the supervision of the city engineer and the project, public work, extension of public utility or paving is not designed or calculated to decrease the water-holding capacity of the lake area involved.
(2000 Code, sec. 19-38)
Wet weather lake areas may be improved by any of the following methods:
(1)
Wet weather lake areas may be dedicated for park purposes by the owner or land developer provided that said wet weather lake area shall have a completed grade not to exceed twenty to one (20 to 1: one foot vertical, twenty (20) feet horizontal) and providing that not less than five (5) acres or twenty percent (20%) of the dedicated area, whichever is greater, is above the established high-water level. The city may accept said dedicated property and upon acceptance may assume the pro rata costs for water and sewer charges, curb and gutter costs, paving costs, street name and traffic signs and street lighting costs abutting the wet weather lake area as consideration for dedication of said wet weather lake area for park and recreational purposes.
(2)
The land developer may plat said wet weather lake area as a single lot. Said lot shall abut street frontage on all sides, which shall be curbed, guttered, paved and all pro rata charges paid. This lot shall have no final grade in excess of twenty to one slope (20 to 1: one foot vertical, twenty (20) feet horizontal) and shall have storm sewers and/or concrete drainage ditches of sufficient capacity to transport storm drainage as set forth in section 3.12.010 of this article to the lowest portion of the wet weather lake basin. Said storm sewers and/or concrete drainage ditches must be installed or their installation assured prior to final plat approval as recommended by the planning commission and approved by the city council.
(3)
The land developer may plat said wet weather lake area as a single lot. Said lot shall abut concrete curb and gutter with a minimum five-foot concrete walk abutting said curb and gutter. Said lot shall be completely enclosed by a permanent six-foot man-proof galvanized chainlink fence or equal, four (4) feet from the curb and gutter, and all pro rata charges paid. This lot shall have no final grade in excess of ten to one slope (10 to 1: one foot vertical, ten (10) feet horizontal), except as provided herein, and shall have storm sewers and/or concrete drainage ditches of sufficient capacity to transport storm drainage as set forth in section 3.12.010 of this article to the lowest portion of the wet weather lake basin. Said storm sewers and/or concrete drainage ditches must be installed or their installation assured prior to final plat approval by the city council. All banks or slopes in excess of that set forth herein shall have concrete riprap with a minimum of four-inch-thick concrete reinforced with six by six (6 x 6) by number ten by ten (10 x 10) gauge welded wire mesh.
(2000 Code, sec. 19-39)