[Ord. No. 41, 2-19-2013]
The Board of Trustees for the Town of Slaughterville has appointed by Resolution #62090 a Floodplain Coordinator, who shall now serve as 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.
[Ord. No. 41, 2-19-2013]
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
A. 
Maintain and hold open for public inspection all records pertaining to the provisions of these regulations.
B. 
Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
C. 
Review, approve or deny all applications for development permits required by adoption of these regulations.
D. 
Review permits for 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 are required.
E. 
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.
F. 
Notify, in riverine situations, adjacent communities and the State Coordinating Agency, the Oklahoma Water Resources Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
G. 
Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
H. 
Shall require a certified FEMA Elevation Certificate from the applicant/developer to administer these regulations effectively and reduce flood damage within the community.
I. 
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.
J. 
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, 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 complies with 44 CFR, Chapter 1, Section 65.12.
K. 
Become accredited by the Board in accordance with Title 82 O.S. §§ 1601-1618, as amended.
L. 
After a disaster or other type of damage occurrence to structures within the corporate boundary of the Town of Slaughterville, Oklahoma, determine if the residential and nonresidential structures and manufactured homes have been substantially damaged and enforce the substantial improvement requirement.
[Ord. No. 41, 2-19-2013]
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 Article 5, § 13-618B;
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 Article 4, § 13-614A.
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.
[Ord. No. 41, 2-19-2013]
A. 
The Board of Adjustment shall hear and render judgment on requests for variances from the requirements of these regulations.
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. Appeals shall only be taken within 30 days from the date the decision was made and the appropriate fee as shown in the fee schedule shall be paid. The appeal process as outlined in the Zoning Ordinance shall be followed.
C. 
Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision to the courts of competent jurisdiction.
D. 
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.
E. 
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.
F. 
Variances may be issued for new construction and substantial improvements to be erected on a lot the size of which is in conformity with the Zoning Ordinance for the Town contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in § 13-615B of this Article have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
G. 
Upon consideration of the factors noted above and the intent of these regulations, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of these regulations (Article 1, § 13-603) and so long as the requirements set forth in this Section are met.
H. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
I. 
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.
J. 
Prerequisites for granting variances:
1. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
2. 
Variances shall only be issued upon:
a) 
Showing a good and sufficient cause;
b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c) 
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.
3. 
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.
K. 
Variances may be issued by the Town for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
1. 
The criteria outlined in Article 4, §13-616A through I are met; and
2. 
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.
L. 
Any person seeking a variance shall file a petition with the Board of Adjustment, accompanied by a filing fee of $25.
M. 
A copy of any variance issued shall be sent to the OWRB within 15 days of issuance.
N. 
Pursuant to Title 82 O.S. §1615(C), as amended, in no case shall variances be effective for period longer than 20 years.
O. 
Variance requests must be published in accordance with Title 82 O.S. §1615(C), as amended.
P. 
All publication fees, as well as other actual costs incurred by the Town, including but not limited to attorney fees, engineering fees, and other professional costs shall be paid by the applicant prior to the variance being granted.