The legislature of the state has in 11 O.S. §§ 41 through 47, as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses. Therefore, the town ordains the following, to become effective immediately.
(A) The flood hazard areas of the town are subject to periodic inundation, which results in the 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 affects 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 hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
It is the purpose of this chapter 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:
(A) Protect human life and health;
(B) Minimize the expenditure of public money for costly flood control projects;
(C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D) Minimize prolonged business interruptions;
(E) Minimize the damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(F) Help maintain a stable tax base by providing for the sound use and development of flood- prone areas in such a manner so as to minimize future flood blight areas; and
(G) Ensure that potential buyers are notified that property is in a flood area.
For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
ACCESSORY STRUCTURE. A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Examples of ACCESSORY STRUCTURES include, but are not limited to, garages and storage sheds.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within the town which is subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION or BFE. The elevation in feet above mean sea level of the base flood, or 1% chance flood.
BASEMENT. Any area of the building having its floor subgrade, or below ground level, on all sides.
C.F.R. The Code of Federal Regulations.
CRITICAL FEATURE. An integral and readily-identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT. Any human-made change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials.
DEVELOPMENT PERMIT. A permit issued by the Town Floodplain Administrator which authorizes development in a special flood hazard area in accordance with this chapter.
ELEVATED BUILDING.
(1) A nonbasement building built, in the case of a building in Zones AE, A or X, to have the top of the elevated floor adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood.
(2) In the case of Zones AE, A or X, 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 floodwaters.
EXISTING CONSTRUCTION. For the purpose of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or, for FIRMs effective before that date, before January 1, 1975. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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, was completed before August 4, 1972.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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.
FEMA. The Federal Emergency Management Agency.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP or FIRM. An official map of the town on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the town.
FLOOD INSURANCE STUDY. The official report provided by FEMA for the town, which contains flood profiles and the water surface elevation of the base flood, as well as the floodway width, section area and mean velocity.
FLOOD PROTECTION SYSTEM. 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 areas within the town 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.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. See the definition of “flood or flooding.”
FLOODPLAIN ADMINISTRATOR. A person accredited by the OWRB and designated by the Board of Trustees of the town to administer and implement laws, ordinances and regulations relating to the management of floodplains.
FLOODPLAIN MANAGEMENT. 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.
FLOODPLAIN MANAGEMENT REGULATIONS. Zoning codes and ordinances, subdivision regulations, building codes, health regulations, special purpose regulations and ordinances, such as floodplain, grading and erosion-control regulations and ordinances, 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.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
(1) A FLOODWAY is located within areas of special flood hazard as established in § 153.10 of this chapter.
(2) A FLOODWAY is an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles.
FUNCTIONALLY-DEPENDENT USE. 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 which are necessary for the loading and unloading of cargo or passengers and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure which is:
(1) Listed individually in the National Register of Historic Places, a listing maintained by the Department of the Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 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;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs which have been certified either:
(a) By an approved state program, as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LEVEE. A human-made 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.
LEVEE SYSTEM. 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.
LOWEST FLOOR. The lowest floor of the lowest enclosed area, including a basement. An unfinished or flood-resistant enclosure usable solely for the parking of 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 nonelevation design requirement of 44 C.F.R. § 60.3.
MANUFACTURED HOME. A structure transportable in one or more sections which is built on a permanent chassis and is designed for use either with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL. For the purpose of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on the town’s flood insurance rate map are referenced.
NEW CONSTRUCTION.
(1) 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, including any subsequent improvements to such structures.
(2) 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 the Town Board of Trustees, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. 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 the floodplain management regulations adopted by the Town Board of Trustees.
OWRB. The Oklahoma Water Resources Board.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
START OF CONSTRUCTION.
(1) For other than new construction or substantial improvements under the Coastal Barrier Resources Act, Pub. Law No. 97-348, being 16 U.S.C. §§ 3501 et seq., includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date.
(2) The actual start means either the first placement of the permanent construction of a structure on a site, such as the pouring of a 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.
(3) Permanent construction does not include land preparation such as clearing, grading and filling, nor does it include the installation of streets or walkways, nor does it include excavation for a 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 which are not occupied as dwelling units or not part of the main structure.
(4) 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.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.
SUBSTANTIAL DAMAGE. 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.
SUBSTANTIAL IMPROVEMENT.
(1) (a) 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 the “start of construction” of the improvement.
(b) This includes structures which have incurred “substantial damage,” regardless of the actual repair work performed.
(2) The term does not, however, include either:
(a) Any project for the 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
(b) Any alteration of a historic structure, provided that the alteration would not preclude the structure’s continued designation as a “historic structure.”
VARIANCE. A grant of relief by the Town Board of Trustees to a person from the terms of this chapter when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or development in a manner otherwise prohibited by this chapter. For the full requirements, see 44 C.F.R. § 60.6.
VIOLATION. The failure of a structure or other development to be fully compliant with this flood damage prevention chapter.
WATER SURFACE ELEVATION. The height, in relation to the North American Vertical Datum (NAVD) of 1988, or to other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
In order to accomplish its purposes, this chapter uses the following methods:
(A) Restrict or prohibit uses which are dangerous to health, safety or property in times of flood, or which cause excessive increases in flood heights or velocities;
(B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters;
(D) Control filling, grading, dredging and other development which may increase flood damage; and
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this chapter and other applicable regulations.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(A) The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled “The Flood Insurance Study for Bryan County, Oklahoma and Incorporated Areas,” dated June 2, 2011, with the accompanying flood insurance rate map (FIRM) were adopted on June 2, 2011, by reference and declared to be a part of this chapter.
(B) However, until said date, the current effective flood maps for the town, dated September 30, 1992, were used for this purpose until June 2, 2011.
§ 153.11 Floodplain Administrator; Designation, Duties And Responsibilities
(A) Designation. The Board of Trustees of the town designates a Floodplain Administrator to administer and implement the provisions of this chapter and other appropriate sections of the National Flood Insurance Program regulations in 44 C.F.R. pertaining to floodplain management.
(B) Duties and responsibilities. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) Become accredited by the OWRB in accordance with 82 O.S. §§ 1601 through 1618, as amended;
(2) Review permit applications to determine whether the proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding;
(3) Review and approve or deny all applications for development permits required by this chapter;
(4) Review proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;
(5) Make the necessary interpretation, where interpretation is needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions;
(6) Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA;
(7) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;
(8) Require the developer or applicant to determine and provide the base flood elevation on two FEMA elevation certificates, one pre and one post, as well as other data as required in order to administer the provisions of §§ 153.40 through 153.48 of this chapter;
(9) When a 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 Zone AE as delineated on the county’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 town.
(10) After a disaster or other type of damage occurrence to structures in the town, determine if the residential and nonresidential structures and manufactured homes have been substantially damaged and enforce the substantial improvement requirement;
(11) Maintain a record of all actions involving an appeal from a decision of the Board of Trustees; and
(12) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.
The degree of flood protection required by this chapter is considered reasonable 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 human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town or any official or employee thereof for any flood damages which result from reliance on this chapter or any administrative decision lawfully made hereunder.
(A) (1) An application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or 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 and existing and proposed structures, including the placement of manufactured homes, and of the location of the foregoing in relation to areas of special flood hazard.
(2) Additionally, the following information is required:
(a) The elevation in relation to the mean sea level of the lowest floor, including the basement, of all new and substantially-improved structures; and
(b) A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of the proposed development.
(B) The approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this chapter 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 the maintenance and repair of streets and bridges and of 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 floodwaters 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 which are not subject to flooding or erosion damage for the proposed use; and
(10) The relationship of the proposed use to the Comprehensive Plan for that area.
(C) The Floodplain Administrator or Board of Trustees, as applicable, may approve certain development in Zones A or AE, delineated on the county’s FIRM, which increases the water surface elevation of the base flood by more than one foot, provided that the applicant for the development permit in that case first complies with 44 C.F.R. § 65.12.
(A) (1) The Board of Trustees may grant variances for uses which do not satisfy the requirements of the State Floodplain Management Act, 82 O.S. §§ 1601 et seq., or this chapter if the applicant for the variance presents adequate proof that:
(a) Compliance with this chapter will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people; and
(b) Satisfies the pertinent provisions of this section.
(2) However, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards.
(B) Any variance so granted shall not be construed so as to relieve any person who receives it from any liability imposed by the State Floodplain Management Act or by other laws of the state.
(C) In no case shall variances be effective for a period longer than 20 years.
(D) Any person seeking a variance shall file a petition with the Board of Trustees accompanied by a filing fee of $25.
(E) (1) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the relevant factors in § 153.26(B) of this chapter and the provisions of this section and § 153.29 of this chapter have been fully considered.
(2) As the lot size increases beyond such one-half acre, the technical justification required for issuing the variance increases.
(F) Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the Chairperson of the Board of Trustees which states that:
(1) 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; and
(2) Such construction below the base flood level increases risks to life and property.
(G) At such time as the Board of Trustees deems the petition ready for notification to the public, the Board of Trustees shall schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in the county at least 30 days prior to the hearing.
(H) (1) The Board of Trustees shall conduct the hearing and make determinations in accordance with the applicable provisions of this section and § 153.29 of this chapter.
(2) This appeals group shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted.
(I) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that the failure to grant a variance would result in exceptional hardship to the applicant;
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws, regulations or ordinances; and
(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(J) Upon consideration of the factors stated in this section and § 153.29 of this chapter and the intent of this chapter, the Board of Trustees may attach such conditions to the granting of a variance as it deems necessary to further the purposes and objectives stated in § 153.03 of this chapter.
(K) The Floodplain Administrator shall maintain a record of all variance actions, including the justification for their issuance, and a copy of any variance issued by the Board of Trustees shall be sent by the Floodplain Administrator to the OWRB and FEMA within 15 days after issuance of the variance.
(A) 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 chapter.
(B) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(C) 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.
(D) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally-dependent use, provided that:
(1) The criteria of § 153.28(E) and (I) of this chapter and divisions (B) and (C) of this section are met; and
(2) The structure or other development is protected by methods which minimize flood damage during the base flood and create no additional threats to public safety.
§ 153.40 Special Flood Hazard Area Standards Generally
In all areas of special flood hazard, the following provisions are required for all new construction and substantial improvements.
(A) All new construction or substantial improvements shall be designed or modified and adequately anchored so as to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(B) All new construction or substantial improvements shall be constructed by methods and practices which minimize flood damage.
(C) All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
(D) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities which are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(E) All new and replacement water supply systems shall be designed so as to minimize or eliminate the infiltration of floodwaters into the system.
(F) New and replacement sanitary sewage systems shall be designed so as to minimize or eliminate the infiltration of floodwaters into the system and discharge from the system into floodwaters.
(G) On-site waste disposal systems shall be located so as to avoid impairment to them or contamination from them during flooding.
New construction and substantial improvements of any residential structure shall have the lowest floor, including the basement, elevated at a minimum of one foot above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this section is satisfied.
New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor, including the basement, elevated at a minimum of one foot above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this section is satisfied.
(A) New construction and substantial improvements with fully-enclosed areas below the lowest floor which are usable solely for parking vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
(B) Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
(2) The bottom of all openings shall be not higher than one foot above grade; and
(3) Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(A) It is required that all manufactured homes to be placed anywhere within the town within Zones A and AE on the town’s FIRM shall be installed using methods and practices which minimize flood damage and shall have the bottom of the I-beam elevated at or above the BFE. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(B) The home shall be installed by a licensed installer according to state law, and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
It is required that recreational vehicles placed on sites within Zones A and AE on the county’s FIRM either:
(A) Be on the site for fewer than 180 consecutive days;
(B) Be fully licensed and ready for highway use; or
(C) Meet the permit requirements of § 153.26 of this chapter and the elevation and anchoring requirements for “manufactured homes” in § 153.44 of this chapter. A recreational vehicle is READY FOR HIGHWAY USE if it is on its wheels or a jacking system, is attached to the site only by quick disconnect- type utilities and security devices and has no permanently-attached additions.
Accessory structures to be placed on sites within Zones A and AE on the county’s FIRM shall comply with the following.
(A) The structure shall be unfinished on the interior.
(B) The structure shall be used only for parking and limited storage.
(C) The structure shall not be used for human habitation. Prohibited activities or uses include, but are not limited to, working, sleeping, living, cooking or restroom use.
(D) Service facilities such as electrical and heating equipment must be elevated to or above the BFE.
(E) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.
(F) The structure shall be designed to have low flood damage potential and constructed with flood-resistant materials.
(G) The structure shall be firmly anchored to prevent flotation, collapse and lateral movement.
(H) Floodway requirements must be met in the construction of the structure.
(I) Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE.
(J) The structure shall be located so as not to cause damage to adjacent and nearby structures.
(A) The applicant for a development permit for any subdivision located in Zones A or AE which is 51 or more lots or greater than five acres shall generate the base flood elevation data for that subdivision.
(B) All subdivisions, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided so as to reduce exposure to flood hazards.
(C) All subdivisions, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed so as to minimize or eliminate flood damage.
The following provisions shall apply to floodways.
(A) Encroachments, including, but not limited to, fill, new construction, substantial improvements and other development, are prohibited within the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachments would not result in any increase in flood levels within the town during the occurrence of the base flood discharge.
(B) If division (A) above is satisfied, then all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 153.40 through 153.48 of this chapter.
(C) The town may permit encroachments within the adopted floodway which would result in an increase in base flood elevations, provided that the applicant for the development permit complies with all of 44 C.F.R. § 65.12.
(A) No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in this chapter is presumed to be in violation until such time as that documentation is provided. Violation of the provisions of this chapter by the failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor.
(B) Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 for each violation or incarcerated for more than one year, and in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Board of Trustees of the town or its Town Attorney from taking such other lawful action as is necessary to prevent or remedy any violation.