HomeMy WebLinkAbout10172022 Planning & Zoning Work Session Packet - Joint WS with SBCFSABPlanning & Zoning Commission
Seward -Bear Creek Flood
Service Area Board
Joint Work Session Packet
Joint Work Session
Monday, October 17, 2022
Community Room, Seward Library
6: 00 p. m.
The City of Seward, Alaska
SEWARD PLANNING AND ZONING COMMISSION
and SEWARD-BEAR CREEK FLOOD SERVICE AREA
JOINT WORK SESSION AGENDA
October 17, 2022 6:00 p.m. Seward Community Library
Clare Sullivan
1)
CALL TO ORDER
Chair
Term February, 2024
2)
STAFF COMMENTS
Vanessa Verhey
3)
DISCUSSION ITEMS
Vice Chair
Term February, 2023
a) SCC Title 15 Floodplain Management.......................................2
Nathaniel Charbonneau
b) FEMA Model Floodplain Ordinance........................................12
Commissioner
Term February, 2024
i) Review FEMA model ordinance for adoption into Seward City Code
Victoria Monaco
c) Current Flood Insurance Study Maps......................................50
Commissioner
Term February, 2025
4)
ADJOURNMENT
Brenan Hornseth
Commissioner
Term February, 2025
Troy Staggs
Commissioner
Term February, 2025
Sean Ulman
Commissioner
Term February, 2025
Janette Bower
City Manager
Jason Bickling
Community
Development Director
Courtney Bringhurst
City Planner
Selena Soto
Planning Assistant
Brenda Ballou
City Clerk
1
Chapter 15.25. Floodplain Management
15.25.010 Findings and statement.
A. Findings. The flood hazard areas of the City of Seward 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 tax base, all of which
adversely affect the public health, safety, and general welfare.
B. Statement of purpose. 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:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone
and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special
flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
C. Objectives. In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards in other areas.
(Ord. 98-11)
15.25.020 Definitions.
For purposes of this chapter, the following words and phrases shall be defined as follows:
Appeal means a request for a review of the administrative official's interpretation of any provision of this
ordinance or a request for a variance.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.
Also referred to as the 100-year flood. Designation on maps always includes the letters A or V.
Breakaway wall means a wall that is not part of the structural support of the building and is intended through
its design and construction to collapse under specific lateral loading forces without causing damage to the elevated
portion of the building.
Coastal high hazard area means the area subject to high veloCity waters due to wind, tidal action, storm,
tsunami or any similar force, acting singly or in any combination resulting in a wave or series of waves of sufficient
magnitude, veloCity or frequency to endanger property and lives. The area is designated on the FIRM as Zone V1-
V30, VE or V.
Development means any manmade change to improved or unimproved real estate, including, but not limited
to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or
storage of equipment or materials located within the area of special flood hazard.
Federal Emergency Management Agency is the agency responsible for administration of the National Flood
Insurance Program.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry
land areas from either the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
Flood hazard area means the land in the floodplain having a one percent or greater chance of flooding in any
given year. Designation on maps always includes the letters A or V.
Flood Insurance Rate Map (FIRM) means the official map on which FEMA has delineated the areas of special
flood hazard, the water surface elevation of the base flood and the flood insurance rate zones.
Floodplain or flood -prone means any land area susceptible to being inundated by water from any source (see
definition of "flooding").
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more
than a designated height, usually one foot, at any point.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or
flood -resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than the
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 non -elevation design requirements of this chapter found at section
15.25.050(b)(1)b.
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and
other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term
manufactured home does not include park trailers, travel trailers, and other similar vehicles.
Start of construction includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of a structure
on a site, such as the pouring of 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. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
foundation or erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Structure means a walled and roofed building including liquid or gas storage tank, as well as a manufactured
home that is principally above ground.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged conditions would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial improvement means any remodeling, repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair
is started or, if the property has been damaged and is being restored, before the damage occurred.
Variance means a grant of relief from the requirements of this chapter, which permits construction in a
manner that would otherwise be prohibited by this chapter.
(Ord. 98-11; Ord. No. 2013-010, § 1, 7-8-2013)
15.25.030 General provisions.
A. Lands to which this chapter applies. This chapter shall apply to all flood hazard areas within the corporate
limits of the City of Seward.
B. Basis for establishing flood hazard areas. The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for the Kenai
Peninsula Borough, Alaska and Incorporated Areas (City of Seward), dated October 20, 2016, with
accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part
of this chapter. The Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) are on file at the
Community Development Office.
C. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This
chapter does not imply that land outside the areas of special flood hazards 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 City
of Seward, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made thereunder.
D. Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict, or overlap, whichever imposes the more stringent
restrictions shall prevail.
(Ord. 98-11; Ord. No. 2013-010, § 1, 7-8-2013; Ord. No. 2016-006, § 1, 9-12-2016)
15.25.040 Administration.
A. Development permit required. A development permit shall be obtained before construction or development
begins within flood hazard areas established in section 15.25.030B. The permit shall be for all structures and
for all other development including fill and other activities. Application for a development permit shall be
made on forms furnished by the administrative official and shall include but not be limited to: plans drawn to
scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the
following information is required:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing criteria in section 15.25.050B.2.;
4. Description of the extent to which a watercourse will be altered or relocated as a result of the
proposed development.
B. Duties and responsibilities of the administrative official. Duties of the administrative official shall include, but
not be limited to:
1. Permit review.
Review all development permit applications to determine that the permit requirements have
been met.
b. Review all development permit applications to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior approval is
required.
C. Review all development permits applications to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the encroachment provisions of
section 15.25.050 C.1. are met.
2. Issue permit.
Upon determination that the submitted and recorded information connected with the permit
application meets the terms of this chapter, the administrative official shall issue a floodplain
development permit to the original applicant.
b. The floodplain development permit shall be valid for a period of one year from the issue date.
C. The floodplain development permit is not assignable without permission from the administrator.
3. Use of other base flood data. When base flood elevation data has not been provided in accordance
with section 15.25.030B, basis for establishing the flood hazard areas, the administrative official shall
obtain, review, and reasonably utilize any base flood and floodway elevation data available from a
federal, state or other source, in order to administer subsections B. specific standards and C. floodways
of section 15.25.050.
4. Information to be obtained and maintained.
Where base flood elevation data is provided through the flood insurance study or required in
subsection B.3. of this section, record the actual elevation as submitted (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially improved structures,
and whether or not the structure contains a basement;
b. For all new or substantially improved floodproofed structures:
Verify and record the actual elevation (in relation to mean sea level); and
Maintain the floodproofing certifications required in section 15.25.040A.3.
C. Maintain for public inspection all records pertaining to the provisions of this chapter.
5. Alteration of watercourses.
Notify adjacent communities and the State of Alaska, Department of Community and Regional
Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse
so that the flood -carrying capacity is not diminished.
6. Interpretation of FIRM boundaries. Make interpretations where needed, as to exact location of the
boundaries of the areas of special flood hazards. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as provided in section 15.25.060.
Permit fee. The City may charge fees for permits and variances. Fees shall be established by resolution
of the City Council to be paid by the applicant at the time that the floodplain development permit
application is submitted.
(Ord. 98-11)
15.25.050 Provisions for flood hazard reduction.
A. General standards. In all flood hazard areas, the following standards are required.
1. Anchoring.
All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
b. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement,
and shall be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors.
2. Construction materials and methods.
All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
C. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
3. Utilities.
All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
C. On -site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
4. Subdivision Droposals.
All subdivision proposals shall be consistent with the need to minimize flood damage.
b. All proposed improvements such as water, sewer, natural gas, telephone and electrical facilities
shall be located and constructed in a manner which will minimize damage in the event of a flood.
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage.
d. Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for, and included in, subdivision proposals which
contain greater than 50 lots or five acres, whichever is less.
5. Review of building permits. Where elevation data is not available, applications for building permits
shall be reviewed to assure that proposed construction will be reasonable safe from flooding. The test
of reasonableness is a local judgment and includes use of historical data, high water marks,
photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in
these zones may result in higher insurance rates.
B. Specific standards. In all flood hazard areas where base flood elevation data has been provided as set forth in
section 15.25.030B., the following provisions are required:
1. Residential construction.
a. New construction and substantial improvement of any residential structure shall have the lowest
floor, including basement, elevated to or above the base flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the following minimum
criteria:
i. 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.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or devices provided
that they permit the automatic entry and exit of floodwaters.
C. For zones AH and AO, drainage paths are required around structures on slopes to drain
floodwaters away from proposed structures.
2. Nonresidential construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation; or, together with attendant utility and sanitary
facilities, shall:
a. Be floodproofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy;
C. Be certified by a registered professional engineer or architect that the standards of this
subsection are satisfied. Such certifications shall be provided to the administrative official as set
forth in section 15.25.040B.4.b.
d. Nonresidential structures that are elevated, not floodproofed, must meet the same standard for
space below the lowest floor as described in section 15.25.050B.1.b.
e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums
will be based on rates that are one foot below the floodproofed level (e.g. a building constructed
to the base flood level will be rated as one foot below that level).
For zones AH and AO, drainage paths are required around structures on slopes to drain
floodwaters away from proposed structures.
3. Manufactured homes.
All manufactured homes to be placed or substantially improved within zones Al-30, AH and AE
shall be elevated on a permanent foundation such that the lowest floor of the manufactured
home is at or above the base flood elevation and be securely anchored to an adequately
anchored foundation system in accordance with the provisions of 15.25.050A.1.b.
b. When in an existing manufactured home park, for any new or substantially improved
manufactured home its chassis shall be supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches above grade and be
securely anchored so as to resist flotation, collapse, and lateral movement.
4. Recreational vehicles. For any recreational vehicle placed on sites within Zones Al-A30, AH, and AE, it
must be on site less than 180 consecutive days, or be fully licensed and ready for highway use, or meet
the requirements of section 15.25.050 A.1. through 5. and section 15.25.050 B.1. through 3. A
recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and has no permanently attached additions.
C. Floodways. Locations within flood hazard areas established in section 15.25.030B. are areas designated as
floodways. Since the floodway is an extremely hazardous area due to erosion potential and the veloCity of
floodwaters which carry debris, the following provisions apply:
1. All encroachments, including fill, new construction, substantial improvements, and other development
are prohibited unless certification by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in an increase in flood levels during the occurrence
of the base flood discharge.
2. If section one of this subsection is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this section.
Coastal high hazard areas. Located within flood hazard areas established in 15.25.030B. are coastal high
hazard areas, designated as Zones V1-V30, VE and/or V. These areas have special flood hazards associated
with high veloCity waters from tidal surges and, therefore, in addition to meeting all provisions in this
ordinance, the following provisions shall also apply:
1. All new construction shall be located landward of the reach of mean high tide.
2. All new construction and substantial improvements within Zones V1-V30 and VE (V if base flood
elevation data is available) shall be elevated on adequately anchored pilings or columns such that:
The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings
or columns) is elevated to or above the base flood level; and
b. The pile or column foundation and structure attached thereto is anchored to resist flotation,
collapse and lateral movement due to the effects of wind and water loads acting simultaneously
on all building components. Wind and water loading values shall each have a one percent chance
of being equaled or exceeded in any given year (100-year mean recurrence interval); and
C. A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of sections 2.a. and 2.b. of this subsection.
3. All new construction and substantial improvements shall have the space below the lowest floor free of
obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used
for human habitation. For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls
which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when
so required by local or state codes) may be permitted only if a registered professional engineer or
architect certifies that the designs proposed meet the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which would occur during
the base flood; and
b. The elevated portion of the building and supporting foundation system shall not be subject to
collapse, displacement, or other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and nonstructural). Maximum wind
and water loading values to be used in this determination shall each have a one percent chance
of being equaled or exceeded in any given year (100-year mean recurrence interval).
4. The use of fill for structural support of buildings within Zones VE, V1-V30, and V on the FIRM is
prohibited.
5. For any recreational vehicle placed on sites within Zones V1-V30, V, and VE, it must be on the site less
than 180 consecutive days, or be fully licensed and ready for highway use, or meet the requirements of
section 15.25.050A.1 through 5. and section 15.25.050B.1. through 3. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type
utilities and has no permanently attached additions.
(Ord. 98-11; Ord. No. 2013-010, § 1, 7-8-2013)
15.25.060 Appeal and variance procedure.
(a) Appeal board.
(1) The Seward Planning and Zoning Commission (commission) shall hear and decide appeals and requests
for variances from the requirements of this chapter.
(2) The commission shall hear and decide appeals when it is alleged there is an error in any requirement,
decision, or determination made by the administrative official in the enforcement or administration of
this chapter.
(3) Those aggrieved by the decision of the Commission, or any taxpayer, may appeal such decision to the
City Council sitting as Board of Adjustment, as provided in AS 29.40.050.
(4) In passing upon such applications, the commission shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
g. The compatibility of the proposed use with the existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
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; and
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, and water
systems, and streets and bridges.
(5) Upon consideration of the factors of subsection (a)(4) of this section and the purposes of this chapter,
the commission may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter;
(6) The commission shall maintain the records of all appeal actions and report any variances to the Federal
Insurance Administration upon request.
(b) Conditions for variances.
(1) Generally, the only condition under which a variance from the elevation standard may be issued is for
new construction and substantial improvements to be erected on a lot of % acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base flood level,
providing subparagraphs (a) through (k) of subsection (a)(4) of this section have been fully considered.
As the lot size increases the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the
National Register of Historic Places without regard to the procedures set forth in this section.
(3) Variances shall not be issued within a designated floodway if any increase in flood levels during the
base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the
applicant;
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 or ordinances.
(6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law
principle that they pertain to a physical piece of property; they are not personal in nature and do not
pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address
small lots in densely populated residential neighborhoods. As such, variances from the flood elevations
should be quite rare.
(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser
degree of floodproofing than watertight or dry -flood proofing where it can be determined that such
action will have low damage potential, complies with all other variance criteria except subsection (b)(1)
of this section, and otherwise complies with section 15.25.060(a) and (b).
it$]
(8) Any applicant to whom a variance is granted shall be given written notice that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(Ord. 98-11)
is
FEMA Region 10
Floodplain Management
Model Ordinance
iM
This Model Floodplain Management Ordinance has been developed as a tool to help communities meet the
minimum requirements of the National Flood Insurance Program (NFIP). Communities choosing not to
use this model ordinance must ensure their ordinance meets the minimum requirements of the NFIP. This
model does not include any applicable State law requirements.
13
TABLE OF CONTENTS
FLOODPLAIN MANAGEMENT MODEL ORDINANCE
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
1.1 Statutory Authorization
1.2 Findings of Fact
1.3 Statement of Purpose
1.4 Methods of Reducing Flood Losses
SECTION 2.0 DEFINITIONS
SECTION 3.0 GENERAL PROVISIONS
3.1 Lands to Which this Ordinance Applies
3.2 Basis for Establishing Special Flood Hazard Areas
3.3 Compliance
3.4 Abrogation and Greater Restrictions
3.5 Interpretation
3.6 Penalties for Non -Compliance
3.7 Disclaimer of Liability
3.8 Severability
SECTION 4.0 ADMINISTRATION
4.1 Designation of the Floodplain Administrator
4.2 Duties and Responsibilities of the Floodplain Administrator
4.2.1 Permit Review
4.2.2 Use of Other Base Flood Data
4.2.3 Obtain and Maintain for Public Inspection
4.2.4 Notification to Other Entities
4.2.5 Remedial Actions
4.3 Establishment of Development Permit
SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 Standards of Construction
5.1.1 Anchoring
5.1.2 Construction Materials and Methods
5.1.3 Elevation and Floodproofzng
5.1.3.1 Residential Construction
5.1.3.2 Nonresidential Construction
5.1.3.3 Appurtenant Structures (Detached Garages and Storage
Structures)
5.1.3.4 Flood Openings
5.2 Standards for Storage of Materials and Equipment
5.3 Standards for Water Supply and Waste Disposal Systems
5.4 Development Proposals
5.5 Standards for Manufactured Homes
5.6 Standards for Recreational Vehicles
5.7 Floodways
SECTION 6.0 VARIANCE PROCEDURE
14
6.1 Nature of Variances
6.2 Conditions for Variances
6.3 Variance Criteria
APPENDIX A Additional Definitions
APPENDIX B Additional Regulatory Standards
I�
INSTRUCTIONS FOR CREATING YOUR COMMUNITY
FLOODPLAIN MANAGEMENT ORDINANCE
Before adopting your community floodplain management ordinance, it is advised that you discuss the
ordinance with your community attorney.
Provide community specific information as requested in brackets:
■ This model ordinance contains {brackets} that must be replaced with community specific
information such as your community name, address, or job title.
■ If you choose to re -number the sections in your ordinance differently than what is presented in this
model, please check that the cross-referenced sections in your ordinance match.
Please note:
This model ordinance contains language from the Code of Federal Regulations (CFR). Your
community should review this language on an annual basis for any amendments to these provisions.
■ Section 2.0 Definitions must be included. Definitions marked with an asterisk (*) are cited in 44
CFR 59.1. These are Program definitions and may vary from common understanding of the term.
Therefore, these definitions must be included in your Ordinance.
Definitions not marked with an asterisk are recommended as they are important to the meaning and
understanding of this model ordinance. Additional definitions may be found in Appendix A and
on the National Flood Insurance Program (NFIP) website http://www.fema.gov/national-flood-
insurance-program/definitions and are optional. You may add any other definitions that apply to
floodplain management in your community, provided those definitions do not contradict 44 CFR
or applicable State law.
■ Flood Boundary and Floodway Maps (FBFM) and Flood Hazard Boundary Maps (FHBM) have
been superseded by Flood Insurance Rate Maps (FIRM). FBFM and FHBM are not referenced in
this model ordinance. These definitions, if applicable for your community, have been included in
Appendix A.
■ NFIP Compliance:
This model ordinance meets the minimum standards required to participate in the National Flood
Insurance Program (NFIP). Any community may exceed the minimum standards by adopting more
comprehensive floodplain management regulations. Any community choosing to adopt higher
regulatory standards will be held accountable for enforcing the higher standards.
■ Additional floodplain management language can be found in Appendix B.
Ike
The following table of citations is provided as reference only. The citations from 44 CFR do not need to
be included in your ordinance.
Section
CFR citation
1.1
59.22(a)(2)
1.2
59.22(a)(1)
1.3
59.2; 59.22(a)(1), (a)(8); 60.22
1.4
60.22
2.0
59.1
3.1
59.22(a)
3.2
59.22a 6;60.2h
3.3
60.1(b)-(d)
3.4
6 0.1 b - d
3.5
60.1(b)-(d)
3.6
59.2 b
3.7
3.8
4.1
59.22(b)(1)
4.2.1-A
60.3(a)(1)
4.2.1-B
60.3(a)(2)
4.2.1-C
60.3(a)(3)
4.2.1-D
60.3(c)(10)
4.2.2
60.3(b)(4)
4.2.3
59.22(a)(9)(iii)
4.2.3-A
60.3 b 5 i , 5 iii
4.2.3-B
60.3(b)(5)(11),(5)(111),(c)(4)
4.2.3-C
60.3(b)(5)(111)
4.2.3-D
60.3(d)(3)
4.2.3-E
60.6(a)(6)
4.2.3-F
4.2.3-G
4.2.4-A
60.3 b 6 b 7
4.2.4-B
65.3
4.2.4-C
59.22 a 9 v
4.2.5
4.3
60.3(a)(1)
4.3-A
60.3(b)(5)(1), (c)(7), (c)(8), (e)(2)
4.3-B
60.3(b)(5)(11)
4.3-C
60.3(c)(4)
4.3-D
60.3(b)(3)
4.3-E
60.3(b)(6)
5.1
60.3(a)(3)(1)
5.1.2-A
60.3(a)(3)(11)
5.1.2-B
60.3 a 3 iii
5.1.2-C
60.3(a)(3)(iv)
5.1.2-D
60.3(c)(11)
5.1.3.1
60.3(c)(2),(c)(7)
5.1.3.2
60.3c 3, c 4, c 8
5.1.3.3
60.3 a 3 iv , c 5 , Tech. Bulletin 7
17
5.1.3.4
60.3(c)(5)
5.2
5.3-A
60.3(a)(5), (a)(6)(1)
5.3-B
60.3 a 6 ii
5.4-A
60.3(a)(4)(1)
5.4-B
60.3(a)(4)(11)
5.4-C
60.3 a 4 iii
5.4-D
60.3(b)(3)
5.5
60.3b 8, c 6 c 12
5.6
60.3(c)(14)
5.7
60.3(d)(3)
6.1
6.2-A.1
60.6 a 3 iii
6.2-A.2
60.6 a
6.2-A.3
60.6(a)(4)
6.2-A.4
60.6 a 3 i
6.2-A.5
60.6(a)(3)(11)
6.2-A.6
60.6(a)(7)
6.2-B
60.6(a)(1)
6.2-C
60.6(a)(2)
6.3-A
6.3-B
60.6(a)(5)
6.3-C
60.6(a)(6)
18
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
1.1 STATUTORY AUTHORIZATION
In {applicable State citation}, the {State Name} State Legislature has delegated the responsibility to
each community to adopt floodplain management regulations designed to promote the public health,
safety and general welfare of its citizenry. Therefore, the {Governing Body} of the {Community
Name} does ordain as follows:
1.2 FINDINGS OF FACT
A. The flood hazard areas of {Community Name} are subject to periodic inundation which may result
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.
B. These flood losses may be caused by the cumulative effect of obstructions in flood hazard areas
which increase flood heights and velocities and, when inadequately anchored, cause damage in
other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood
damage, also contribute to flood loss.
1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote public health, safety, and general welfare, and to
minimize public and private losses due to flooding in flood hazard areas by provisions designed to:
A. Protect human life and health;
B. Minimize 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 damage to public facilities and utilities such as water and gas mains; electric, telephone
and sewer lines; and streets and bridges located in flood hazard areas;
F. Help maintain a stable tax base by providing for the sound use and development of flood hazard
areas so as to minimize blight areas caused by flooding;
G. Notify potential buyers that the property is in a Special Flood Hazard Area
H. Notify those who occupy flood hazard areas that they assume responsibility for their actions; and
L Participate in and maintain eligibility for flood insurance and disaster relief.
1.4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods and provisions to:
A. Restrict or prohibit development which is dangerous to health, safety, and property due to water or
19
erosion hazards, or which result in damaging increases in erosion, flood heights or velocities;
B. Require that development vulnerable to floods, including facilities, 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 help accommodate or channel 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 in other areas.
20
SECTION 2.0
DEFINITIONS
Definitions marked with an asterisk (*) are cited 44 CFR 59.1.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this
ordinance or a request for a variance.
*Area of shallow flooding. A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average
depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
*Area of special flood hazard. The land in the floodplain within a community subject to a I percent or
greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone
A, AO, AH, AI-30, AE, A99, AR (V, VO, VI-30, VE). "Special flood hazard area" is synonymous in
meaning with the phrase "area of special flood hazard".
*Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.
Base flood elevation (BITE). The elevation to which floodwater is anticipated to rise during the base flood.
*Basement. Any area of the building having its floor sub -grade - i.e., below ground level - on all sides.
*Building. See "Structure."
*Development. Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
*Flood or Flooding.
(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a)(2) of
this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this
definition.
*Flood elevation study. An examination, evaluation and determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood -related erosion hazards.
*Flood Insurance Rate Map (FIRM). The official map of a community, on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium zones applicable to the
community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map
Q
(DFIRM).
*Flood Insurance Study (FIS). See "Flood elevation study"
*Floodplain or flood -prone area. Any land area susceptible to being inundated by water from any source.
See "Flood or flooding."
Floodplain administrator. The community official designated by title to administer and enforce the
floodplain management regulations.
*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 ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion
control ordinance) and other application 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.
*Flood proofing. Any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate risk of flood damage to real estate or improved real property, water
and sanitary facilities, structures, and their contents.
*Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than
a designated height. Also referred to as "Regulatory Floodway."
*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 that are
necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities,
and 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 that is:
Listed individually in the National Register of Historic Places (a listing maintained by the
Department of 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 Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior or
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b. Directly by the Secretary of the Interior in states without approved programs.
*Lowest floor. The lowest floor of the lowest enclosed area (including "Basement"). An unfinished or
flood resistant enclosure, usable solely for 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 non -elevation design requirements of this
ordinance.
*Manufactured home. A structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required
utilities. The term "manufactured home" does not include a "recreational vehicle."
*Manufactured Home Parr 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 purposes of the National Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on a community's Flood
Insurance Rate Map are referenced.
*New construction. For the purposes of determining insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an initial Flood Insurance Rate Map or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. 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 a community
and includes any subsequent improvements to such structures.
*One -hundred -year flood or 100-year flood. See "Base flood."
*Recreational vehicle. A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
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.
*Regulatory floodway. See "Floodway".
*Sheet flow area. See "Area of shallow flooding".
*Special Flood Hazard Area (SFHA). See "Area of special flood hazard"
*Start of construction. Includes substantial improvement and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement,
or other improvement was within 180 days from the date of the permit. The actual start means either the
first placement of permanent construction of a structure on a site, such as the pouring of 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. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or
23
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 not occupied as dwelling units or not part of the main structure. 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. For floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, 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 percent of the market value of the
structure before the damage occurred.
*Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed. The term does not, however,
include either:
1. Any project for 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 to assure safe living conditions; or
2. Any alteration of a "historic structure, "provided that the alteration will not preclude the
structure's continued designation as a "historic structure. " **
*Variance. A grant of relief by a community from the terms of a flood plain management regulation.
*Violation. The failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation
until such time as that documentation is provided.
*Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of
1929, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or
riverme areas.
"Per FEMA P-467-2 (May 2008) Floodplain Management Bulletin Historic Structures and FEMA P-993 (July 2014) Floodplain
Management Bulletin Variances and the National Flood Insurance Program, communities have the option of using either the
Substantial Improvement Definition exclusion or the Variance criteria per 44CFR 60.6(a) to regulate Historic Structures.
24
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all special flood hazard areas within the boundaries of {community
name}.
3.2 BASIS FOR ESTABLISHING SPECIAL FLOOD HAZARD AREAS
The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and
engineering report titled "The Flood Insurance Study (FIS) for {exact title of study}" dated {date},
with accompanying Flood Insurance Rate Maps (FIRMS) dated {date}, are hereby adopted by reference
and declared to be a part of this ordinance. The FIS and FIRM panels are on file at {list the address or
the building, i.e. Borough Administration Building, Department of Planning, Public Works etc.}.
3.3 COMPLIANCE
All development within special flood hazard areas is subject to the terms of this ordinance and other
applicable regulations.
3.4 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed
restrictions. However, where this ordinance and another ordinance, easement, covenant or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
3.5 INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
3.6 PENALTIES FOR NON-COMPLIANCE
Violation of the provisions of this ordinance by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions) shall
{insert applicable penalty(ies) per State/local law}. Nothing herein contained shall prevent the
{community name} from taking such other lawful action as is necessary to prevent or remedy any
violation.
3.7 DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur
on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance
does not imply that land outside the special flood hazard areas or uses permitted within such areas will
be free from flooding or flood damages. This ordinance shall not create liability on the part of the
W
{community name}, any officer or employee thereof, for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made hereunder.
3.8 SEVERABILITY
This ordinance and the various parts thereof are hereby declared to be severable. Should any Section
of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any portion thereof other than the Section so declared
to be unconstitutional or invalid.
41-
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The {job title} is hereby appointed to administer, implement and enforce this ordinance by granting
or denying development permits in accordance with its provisions. The Floodplain Administrator may
delegate authority to implement these provisions.
4.2 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties of the Floodplain Administrator shall include, but not be limited to:
4.2.1 PERMIT REVIEW
Review all development permits to determine that:
A. The permit requirements of this ordinance have been satisfied;
B. All other required state and federal permits have been obtained;
C. The site is reasonably safe from flooding;
D. In areas where a floodway has not been designated, require that no new construction,
substantial improvements or other development (including fill) shall be permitted within
Zones Al-30 and AE 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. {Do not include item D if not applicable to community}
4.2.2 USE OF OTHER BASE FLOOD DATA
When Base Flood Elevation data has not been provided in accordance with Section 3.2 {or
the numbering system used by the community}, the Floodplain Administrator shall obtain,
review and reasonably utilize any Base Flood Elevation data available from a federal, state or
other source, in order to administer Section 5.0 {or the numbering system used by the
community}. Any such information shall be consistent with the requirements of the Federal
Insurance Administrator.
4.2.3 OBTAIN AND MAINTAIN FOR PUBLIC INSPECTION
Obtain and maintain the following for public inspection and make available as needed:
A. Certification required by Section 5.1.3.1 and Section 5.5 {or the numbering system used
by the community} (lowest floor elevations for all structures, bottom of the lowest
horizontal structural member (if applicable), and service facilities/mechanical
equipment);
B. Certification required by Section 5.1.3.2 {or the numbering system used by the
community} (lowest floor elevations or floodproofing of non-residential structures and
service facilities/mechanical equipment);
C. Certification required by Section 5.1.3.4 {or the numbering system used by the
27
community} (engineered flood openings);
D. Certification required by Section 5.7.A for the numbering system used by the
community} (floodway encroachments);
E. Records of all variance actions, including justification for their issuance;
F. Improvement and damage calculations.
4.2.4 NOTIFICATION TO OTHER ENTITIES
A. Whenever a watercourse is to be altered or relocated, notify adjacent communities and the
State Coordinating Office prior to such alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administrator through appropriate
notification means, and assure that the flood carrying capacity of the altered or relocated
portion of said watercourse is maintained.
B. Base Flood Elevations may increase or decrease resulting from physical changes affecting
flooding conditions. As soon as practicable, but not later than six months after the date
such information becomes available, the Floodplain Administrator shall notify the Federal
Insurance Administrator of the changes by submitting technical or scientific data in
accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission
is necessary so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements will be based
upon current data.
C . Notify the Federal Insurance Administrator in writing of acquisition by means of
annexation, incorporation or otherwise, of additional areas of jurisdiction.
4.2.5 REMEDIAL ACTIONS
Take actions on violations of this ordinance as required in Section 3.6 {or the numbering
system used by the community} herein.
4.3 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction or development begins, including
placement of manufactured homes, within any Special Flood Hazard Area established in Section 3.2
{or the numbering system used by the community}. Application for a Development Permit may be
made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans
in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in
question, existing or proposed structures, fill, storage of materials, drainage facilities and the location
of the foregoing. Specifically, the following information is required:
4.3.1- For A Zones (A, Al-30, AE, AH, AO):
A. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all
structures. In Zone AO, elevation of existing highest adjacent grade and proposed elevation of
lowest floor of all structures;
B. Proposed elevation in relation to mean sea level to which any non-residential structure will be
floodproofed;
28
C. Certification by a registered professional engineer or architect that the floodproofing methods for
any non-residential structure meet the floodproofing criteria in Section 5.1.3.2 {or the numbering
system used by the community}; and
D. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
4.3.2 - For V Zones (VE, V1-30 and V):
A. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of
the lowest floor (excluding pilings and columns) of all structures, and whether such structures
contain a basement;
B. Base Flood Elevation data for subdivision proposals or other development, including manufactured
home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and
C. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
29
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 STANDARDS OF CONSTRUCTION
In all special flood hazard areas, the following standards are required:
5.1.1 Anchoring
A. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy; and
B. All manufactured homes shall meet the anchoring standards of Section 5.5 {or the
numbering system used by the community}.
5.1.2 Construction Materials and Methods
A. All new construction and substantial improvements shall be constructed with materials
resistant to flood damage;
B. All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage; and
C. All new construction and substantial improvement shall be constructed with electrical,
heating, ventilation, plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
D. Within Zones AH or AO, adequate drainage paths shall be constructed around structures on
slopes to guide floodwaters around and away from proposed structures.
5.1.3 Elevation and Floodgroofing
5.1.3.1 Residential Construction
5.1.3.1.1- For A Zones (A, AE, Al-30, AH, AO):
Residential construction, new or substantial improvement, shall have the lowest floor, including
basement, elevated to or above the Base Flood Elevation.
A. In a Zone AO, the Base Flood Elevation is determined from the FIRM panel as the depth
number specified. If no depth is specified, the required elevation is at minimum two (2) feet
above highest adjacent grade.
B. In a Zone A where the Base Flood Elevation has not been determined, the Base Flood
Elevation is determined locally by the criteria set out in Section 4.2.2 {or the numbering
system used by the community}. A minimum of 2 feet above highest adjacent grade may
result in a lower insurance premium.
C. In Zones AE, AI-30, and AH, the Base Flood Elevation is determined from the FIS and/or
FIRM.
30
D. A garage attached to a residential structure, constructed with the garage floor slab below the
Base Flood Elevation, must be designed to allow for the automatic entry and exit of flood
waters. See Section 5.1.3.4 {or the numbering system used by the community}.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement, of this section have
been satisfied shall be provided to the Floodplain Administrator for verification.
5.1.3.1.2 - For V Zones (VE, V1-30 and V):
Residential construction, new or substantial improvement, shall:
A. Be located landward of the reach of mean high tide;
B. Have the bottom of the lowest structural member of the lowest floor (excluding pilings and
columns), elevated to or above the Base Flood Elevation;
C. Have the pile or column foundation and structure attached thereto be anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be those
associated with the base flood. Wind loading values used shall be those required by
applicable State or local building standards;
D. Have the space below the lowest floor, usable solely for parking of vehicles, building
access, or storage, either free of obstruction or constructed with non -supporting breakaway
walls, open wood lattice -work, or insect screening intended to collapse under wind and
water loads without causing collapse, displacement, or other structural damage to the
elevated portion of the building or supporting foundation system. For the purposes of this
section, a breakaway wall shall have a design safe loading resistance of not less than 10 and
no more than 20 pounds per square foot;
E. Prohibit the use of fill for structural support of buildings; and
F. Prohibit man-made alteration of sand dunes and mangrove stands.
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this Section.
Upon completion of construction, certification by a registered professional engineer or architect
that these design standards have been satisfied, and certification by a registered professional
engineer or surveyor that the elevation requirements of the bottom of the lowest structural
member of the lowest floor, excluding pilings and columns, of this section have been satisfied
shall be provided to the Floodplain Administrator for verification.
5.1.3.2 Non-residential Construction
For A Zones (A, AE, Al-30, AH, AO):
Non-residential construction, new or substantial improvement, shall have the lowest floor either
elevated to conform with Section 5.1.3.1(A), (B), or (C) as appropriate {or the numbering
0i
system used by the community},
Or, together with attendant utility and sanitary facilities,
A. Be floodproofed below the elevation recommended under Section 5.1.3.1(A), (B), or (C) as
appropriate {or the numbering system used by the community} so that the structure is
watertight with walls substantially impermeable to the passage of water; and
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
A registered professional engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice meeting the provisions listed
above.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement, of this section have
been satisfied shall be provided to the Floodplain Administrator for verification; or certification
by a registered professional engineer or architect that the floodproofing design of this section is
satisfied, including the specific elevation in relation to mean sea level to which such structures
are floodproofed, shall be provided to the Floodplain Administrator for verification.
For V Zones (VE, V1-30, V):
Floodproofing of non-residential structures is prohibited. All structures must be elevated and
constructed according to the requirements set forth in Section 5.1.3.1 {or the numbering
system used by the community}.
5.1.3.3 Appurtenant Structures (Detached Garaees & Storaee Structures)
For A Zones (A, AE, At-30, AH, AO):
Appurtenant structures used solely for parking of vehicles or storage may be constructed such
that the floor is below the Base Flood Elevation, provided the structure is designed and
constructed in accordance with the following requirements:
A. Use of the appurtenant structure must be limited to parking of vehicles or storage;
B. The portions of the appurtenant structure located below the Base Flood Elevation must be
built using flood resistant materials;
C. The appurtenant structure must be adequately anchored to prevent flotation, collapse and
lateral movement;
D. Any machinery or equipment servicing the appurtenant structure must be elevated or
floodproofed to or above the Base Flood Elevation;
E. The appurtenant structure must comply with floodway encroachment provisions in Section
5.7 {or the numbering system used by the community}; and
Kea
F. The appurtenant structure must be designed to allow for the automatic entry and exit of
flood waters in accordance with Section 5.1.3.4 {or the numbering system used by the
community}.
Detached garages, storage structures and other appurtenant structures not meeting the above
standards must be constructed in accordance with all applicable standards in Section 5.1.3.1(A),
(B), or (C) as appropriate {or the numbering system used by the community}.
Upon completion of the structure, certification that the requirements of this section have been
satisfied shall be provided to the Floodplain Administrator for verification.
For V Zones (VE, VI-30 and V):
Floodproofing of non-residential structures is prohibited. All structures must be elevated and
constructed according to the requirements set forth in Section 5.1.3.1 {or the numbering
system used by the community}.
5.1.3.4 Flood Openines
All new construction and substantial improvement with fully enclosed areas below the lowest
floor (excluding basements) that are usable solely for parking of vehicles, building access or
storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs
for meeting this requirement must meet or exceed the following criteria:
For non -engineered openings:
A. Have a minimum of two openings with a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding;
B. The bottom of all openings shall be no higher than one foot above grade;
C. Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwater.
Alternatively, a registered engineer or architect may design and certify engineered openings.
Upon completion of the structure, certification that the requirements of this section have been
satisfied shall be provided to the Floodplain Administrator for verification.
5.2 STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT
A. The storage or processing of materials that could be injurious to human, animal or plant life if
released due to damage from flooding is prohibited in special flood hazard areas.
B. Storage of other material or equipment may be allowed if not subject to damage by floods and if
firmly anchored to prevent flotation, or if readily removable from the area within the time
available after flood warning
5.3 STANDARDS FOR WATER SUPPLY AND WASTE DISPOSAL SYSTEMS
A. All new or replacement water supply and sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the system and discharge from systems into flood
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waters.
B. On -site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
5.4 DEVELOPMENT PROPOSALS
All new development proposals, including subdivisions and manufactured home parks, shall:
A. Be consistent with the need to minimize flood damage;
B. Have public utilities and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage; and
C. Provide adequate drainage to reduce exposure to flood hazards.
D. Include Base Flood Elevation data for all proposals greater than 50 lots or 5 acres, whichever is
the lesser.
5.5 STANDARDS FOR MANUFACTURED HOMES
5.5.1 - For A Zones (A, AE, Al-30, AH, AO):
All manufactured homes shall be installed using methods and practices which minimize flood
damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be
limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces.
A. Manufactured homes that are placed or substantially improved within Zone AO shall meet the
residential construction standards in A Zones in Section 5.1.3.1 {or the numbering system used
by the community}.
B. Manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE
on the community's FIRM on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision, or
d. In an existing manufactured home park or subdivision on which a manufactured home has
incurred "substantial damage" as the result of a flood,
Be elevated on a permanent foundation such that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist floatation collapse and lateral movement.
C. Manufactured homes to be placed or substantially improved on sites in an existing manufactured
home park or subdivision within Zones Al-30, AH, and AE on the community's FIRM that have
not incurred substantial damage as the result of a flood are to be elevated so that either:
a. The lowest floor of the manufactured home is at or above the base flood elevation, or
b. The manufactured home chassis is supported by reinforced piers or other foundation elements
34
of at least equivalent strength that are no less than 36 inches in height above grade and be
securely anchored to an adequately anchored foundation system to resist floatation, collapse,
and lateral movement.
Upon completion of installation of the manufactured home, certification by a registered
professional engineer or surveyor that the elevation requirements of this section have been
satisfied shall be provided to the Floodplain Administrator for verification.
5.5.2 - For V Zones (VE, V1-30 and V):
A. Manufactured homes placed or substantially improved within Zones V1-30, V, and VE on the
community's FIRM on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision, or
d. In an existing manufactured home park or subdivision on which a manufactured home has
incurred "substantial damage" as the result of a flood,
Meet the standards of residential construction in V Zones in Section 5.1.3.1 {or the numbering
system used by the community}.
B. Manufactured homes to be placed or substantially improved on sites in an existing manufactured
home park or subdivision within Zones V1-30, V, and VE on the community's FIRM that have
not incurred substantial damage as the result of a flood are to:
a. Meet the standards of residential construction in V Zones in Section 5.1.3.1 {or the
numbering system used by the community}; AND
b. Be elevated so that either:
i. The lowest floor of the manufactured home is at or above the base flood elevation, or
ii. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored foundation system to resist
floatation, collapse, and lateral movement.
Upon completion of installation of the manufactured home, certification by a registered
professional engineer or surveyor that the elevation requirements of this section have been
satisfied shall be provided to the Floodplain Administrator for verification.
5.6 STANDARDS FOR RECREATIONAL VEHICLES
All recreational vehicles placed on site shall:
A. Be on site for fewer than 180 consecutive days,
B. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it
is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities
and security devices, and has no permanently attached additions; or
C. Meet the permit requirements of Section 4.0 {or the numbering system used by the
W
community} of this ordinance and the applicable elevation and anchoring requirements for
manufactured homes in Section 5.5 {or the numbering system used by the community}.
5.7 FLOODWAYS
Located within the special flood hazard areas established in Section 3.2 {or the numbering system
used by the community} are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion
potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other
development within the adopted regulatory floodway unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard engineering practice
that the proposed encroachment would not result in any increase in flood levels within the
community during the occurrence of the base flood discharge;
B. If Section 5.7 (A) {or the numbering system used by the community} is satisfied, all new
construction and substantial improvements shall comply with all other applicable flood hazard
reduction provisions of Section 5.0 {or the numbering system used by the community}.
C. Encroachments within the adopted regulatory floodway that would result in an increase in base
flood elevations may be permitted, provided that {community name} first applies for and fulfills
the requirements for a Conditional Letter of Map Revision (CLOMR), and receives approval from
the Federal Insurance Administrator to revise the FIRM and FIS in accordance with Section
4.2.4.B {or the numbering system used by the community}.
M1.
SECTION 6.0
VARIANCE PROCEDURE
6.1 NATURE OF VARIANCES
The variance criteria set forth in this section of the ordinance are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal in nature. A variance may
be granted for a parcel of property with physical characteristics so unusual that complying with the
requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding
property owners. The characteristics must be unique to the property and not be shared by adjacent
parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or
the property owners.
It is the duty of the {governing body} to help protect its citizens from flooding. This need is so
compelling and the implications of the cost of insuring a structure built below the Base Flood Elevation
are so serious that variances from the flood elevation or from other requirements in the flood ordinance
are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met
if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more
detailed and contain multiple provisions that must be met before a variance can be properly granted.
The criteria are designed to screen out those situations in which alternatives other than a variance are
more appropriate.
6.2 CONDITIONS FOR VARIANCES
A. Variances shall only be issued:
1. Upon 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 or ordinances;
2. For the repair, rehabilitation or restoration 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, **
3. Upon a determination that the variance is the minimum necessary, considering the flood hazard,
to afford relief,
4. Upon a showing of good and sufficient cause;
5. Upon a determination that failure to grant the variance would result in exceptional hardship to
the applicant;
Upon a showing that the use cannot perform its intended purpose unless it is located or carried
out in close proximity to water. This includes only facilities defined in Section 2.0 {or the
numbering system used by the community} of this ordinance in the definition of
"Functionally Dependent Use."
"Per FEMA P-467-2 (May 2008) Floodplain Management Bulletin Historic Structures and FEMA P-993 (July 2014) Floodplain
Management Bulletin Variances and the National Flood Insurance Program, communities have the option of using either the
Substantial Improvement Definition exclusion or the Variance criteria per 44CFR 60.6(a) to regulate Historic Structures.
37
B. Variances shall not be issued within any floodway if any increase in flood levels during the base
flood discharge would result.
C. Generally, 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 Elevation, provided the procedures of Sections 4.0 and
5.0 {or the numbering system used by the community} of this ordinance have been fully
considered. As the lot size increases beyond one-half acre, the technical justification required for
issuing the variance increases.
6.3 VARIANCE CRITERIA
A. In considering variance applications, the {Governing Body} shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this ordinance, and:
1. The danger that materials maybe swept onto other lands to the injury of others;
2. The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding
or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters
expected at the site; and,
11. 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
system and streets and bridges.
B. Any applicant to whom a variance is granted shall be given written notice over the signature of a
community official that:
1. The issuance of a variance to construct a structure below the Base Flood Elevation will result
in increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and
2. Such construction below the base flood elevation increases risks to life and property; and
C. The Floodplain Administrator shall maintain a record of all variance actions, including justification
38
for their issuance.
WI
APPENDIX A
ADDITIONAL DEFINITIONS
Definitions marked with an asterisk (*) are cited 44 CFR 59.1.
Appurtenant structure: A structure that is on the same parcel of property as a principal structure, the use
of which is incidental to the use of the principal structure.
Alluvial fan. A geomorphologic feature characterized by a cone or fan -shaped deposit of boulders,
gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and
then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris
flows, erosion, sediment movement and deposition, and channel migration.
*Apex. A point on an alluvial fan or similar landform below which the flow path of the major stream that
formed the fan becomes unpredictable and alluvial fan flooding can occur.
*Area of special flood -related erosion hazard. The land within a community which is most likely to be
subject to severe flood -related erosion losses. The area may be designated as Zone E on the Flood Hazard
Boundary Map (FHBM). After the detailed evaluation of the special flood -related erosion hazard area in
preparation for publication of the FIRM, Zone E may be further refined.
*Area of special mudslide (i.e., mudflow) hazard. The land within a community most likely to be
subject to severe mudslides (i.e., mudflows). The area may be designated as Zone M on the FHBM. After
the detailed evaluation of the special mudslide (i.e., mudflow) hazard area in preparation for publication
of the FIRM, Zone M may be further refined.
*Breakaway wall. A wall that is not part of the structural support of the building and is intended through
its design and construction to collapse under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
*Coastal high hazard area. An area of special flood hazard extending from offshore to the inland limit of
a primary frontal dune along an open coast and any other area subject to high velocity wave action from
storms or seismic sources.
*Community. Any state or area or political subdivision thereof, or any Indian tribe or authorized tribal
organization, or Alaska Native village or authorized native organization, which has authority to adopt and
enforce floodplain management regulations for the areas within its jurisdiction.
*Elevated Building. For insurance purposes, a non -basement building which has its lowest elevated floor
raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Elevation Certificate. An administrative tool of the National Flood Insurance Program (NFIP) that can be
used to provide elevation information, to determine the proper insurance premium rate, and to support a
request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
*Erosion. The process of the gradual wearing away of landmasses. This peril is not, per se, covered under
the National Flood Insurance Program.
*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) is completed before the effective date of the floodplain
40
management regulations adopted by a community.
*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 manufacturing 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).
*Flood Hazard Boundary Map. An official map of a community, issued by the Federal Insurance
Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having
special hazards have been designated as Zones A., M, and/or E.
*Flood -related erosion. The collapse or subsidence of land along the shore of a lake or other body of
water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding.
*Flood -related erosion area or flood -related erosion prone area. A land area adjoining the shore of a
lake or other body of water, which due to the composition of the shoreline or bank and high water levels or
wind -driven currents, is likely to suffer flood -related erosion damage.
Floodway fringe. The special flood hazard area outside the "Regulatory Floodway".
*Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of flood plain
management. "Freeboard" tends to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway conditions, such as
wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
Hardship. As related to Section 6.0 {or the numbering system used by the community} of this
ordinance, meaning the exceptional hardship that would result from a failure to grant the requested variance.
The {community governing body} requires that the variance be exceptional, unusual, and peculiar to the
property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise
cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other
means without granting a variance, even if the alternative is more expensive, or requires the property owner
to build elsewhere or put the parcel to a different use than originally intended.
*Levee. A man-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.
*Mudslide (i.e., mudflow). Describes a condition where there is a river, flow or inundation of liquid mud
down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent
accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A
mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress and will be
recognized as such by the Administrator only if the mudflow, and not the landslide, is the proximate cause
of damage that occurs.
*New manufactured home park or subdivision. A manufactured home park or subdivision for which
is
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 floodplain
management regulations adopted by the community.
*Person. Any individual or group of individuals, corporation, partnership, association, or any other entity,
including State and local governments and agencies.
*Primary Frontal Dune. A continuous or nearly continuous mound or ridge of sand with relatively steep
seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and
overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal
dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild
slope.
*Program. The National Flood Insurance Program authorized by 42 U.S.C. 4001 through 4128.
*Program deficiency. A defect in a community's floodplain management regulations or administrative
procedures that impairs effective implementation of those floodplain management regulations.
Reasonably safe from flooding. Base flood waters will not inundate the land or damage and that any
subsurface waters related to the base flood will not damage existing or proposed buildings.
*Remedy a violation. To bring the structure or other development into compliance with Federal, State or
local floodplain management regulations, or if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing Federal financial exposure with regard to the structure or
other development.
*Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
*Structure. For insurance purposes:
(1) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent
site;
(2) A manufactured home ("a manufactured home," also known as a mobile home, is a structure: built on a
permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation);
or
(3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated
under the community's floodplain management and building ordinances or laws.
For insurance purposes, "structure" does not mean a recreational vehicle or a park trailer or other similar
vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.
M
APPENDIX B
ADDITIONAL REGULATORY STANDARDS
Floodplain management criteria for areas of flood protection restoration (AR) (44 CFR 60.3(f)):
For Zones designated AR, AR/A1-30, AR/AE, AR/AH, AR/AO and AR/A, the community shall:
A. Meet all the applicable requirements listed in Section 5.0 for the numbering system used by the
community};
B. Adopt the official map or legal description in those areas that are designated developed areas in
accordance with the eligibility procedures under 44CFR 65.14
C. For all new construction of structures in areas within Zone AR that are designated as developed
areas and in other areas within Zone AR where the AR flood depth is 5 feet or less:
a. Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above
highest adjacent grade; and
b. Using this elevation, require the standards of 5.0 for the numbering system used by the
community}.
D. For all new construction of structures in those areas within Zone AR that are not designated as
developed areas where the AR flood depth is greater than 5 feet:
a. Determine the AR base flood elevation; and
b. Using that elevation require the standards of Section 5.0 for the numbering system used by
the community}.
E. For all new construction of structures in areas within Zone AR/A1-30, AR/AE, AR/AH, AR/AO,
and AR/A:
a. Determine the applicable elevation for Zone AR from items C or D (above) f or the
numbering system used by the community};
b. Determine the base flood elevation or flood depth for the underlying Al-30, AE, AH, AO and
A Zone; and
c. Using the higher elevation from E(a) or (b) for the numbering system used by the
community}, require the standards of 5.0 for the numbering system used by the
community}.
F. For all substantial improvements to existing construction within Zones AR/A1-30, AR/AE,
AR/AH, AR/AO, and AR/A:
a. Determine the Al-30 or AE, AH, AO, or A Zone base flood elevation; and
b. Using this elevation apply the requirements of 5.0 for the numbering system used by the
community}.
G. Notify the permit applicant that the area has been designated as an AR, AR/A1-30, AR/AE,
AR/AH, AR/AO, or AR/A Zone and whether the structure will be elevated or protected to or
above the AR base flood elevation.
43
Per 44 CFR 60.22: Planning considerations for flood -prone areas (these are not mandatory):
A. The flood plain management regulations adopted by a community for flood -prone areas should:
a. Permit only that development of flood -prone areas which (1) is appropriate in light of the
probability of flood damage and the need to reduce flood losses, (ii) is an acceptable social
and economic use of the land in relation to the hazards involved, and (iii) does not increase
the danger to human life;
b. Prohibit nonessential or improper installation of public utilities and public facilities in flood -
prone areas.
B. In formulating community development goals after the occurrence of a flood disaster, each
community shall consider —
a. Preservation of the flood -prone areas for open space purposes;
b. Relocation of occupants away from flood -prone areas;
c. Acquisition of land or land development rights for public purposes consistent with a policy of
minimization of future property losses;
d. Acquisition of frequently flood -damaged structures;
C. In formulating community development goals and in adopting flood plain management
regulations, each community shall consider at least the following factors —
a. Human safety;
b. Diversion of development to areas safe from flooding in light of the need to reduce flood
damages and in light of the need to prevent environmentally incompatible flood plain use;
c. Full disclosure to all prospective and interested parties (including but not limited to
purchasers and renters) that (1) certain structures are located within flood -prone areas, (ii)
variances have been granted for certain structures located within flood -prone areas, and (iii)
premium rates applied to new structures built at elevations below the base flood substantially
increase as the elevation decreases;
d. Adverse effects of flood plain development on existing development;
e. Encouragement of floodproofing to reduce flood damage;
f. Flood warning and emergency preparedness plans;
g. Provision for alternative vehicular access and escape routes when normal routes are blocked
or destroyed by flooding;
h. Establishment of minimum floodproofing and access requirements for schools, hospitals,
nursing homes, orphanages, penal institutions, fire stations, police stations, communications
centers, water and sewage pumping stations, and other public or quasi -public facilities already
located in the flood -prone area, to enable them to withstand flood damage, and to facilitate
emergency operations;
i. Improvement of local drainage to control increased runoff that might increase the danger of
flooding to other properties;
j. Coordination of plans with neighboring community's flood plain management programs;
k. The requirement that all new construction and substantial improvements in areas subject to
subsidence be elevated above the base flood level equal to expected subsidence for at least a
ten-year period;
1. For riverine areas, requiring subdividers to furnish delineations for floodways before
approving a subdivision;
in. Prohibition of any alteration or relocation of a watercourse, except as part of an overall
drainage basin plan. In the event of an overall drainage basin plan, provide that the flood
carrying capacity within the altered or relocated portion of the watercourse is maintained;
n. Requirement of setbacks for new construction within Zones V 1-30, VE, and V on a
44
community's FIRM;
o. Requirement of additional elevation above the base flood level for all new construction and
substantial improvements within Zones AI-30, AE, VI-30, and VE on the community's
FIRM to protect against such occurrences as wave wash and floating debris, to provide an
added margin of safety against floods having a magnitude greater than the base flood, or to
compensate for future urban development;
p. Requirement of consistency between state, regional and local comprehensive plans and flood
plain management programs;
q. Requirement of pilings or columns rather than fill, for the elevation of structures within flood -
prone areas, in order to maintain the storage capacity of the flood plain and to minimize the
potential for negative impacts to sensitive ecological areas;
r. Prohibition, within any floodway or coastal high hazard area, of plants or facilities in which
hazardous substances are manufactured;
s. Requirement that a plan for evacuating residents of all manufactured home parks or
subdivisions located within flood prone areas be developed and filed with and approved by
appropriate community emergency management authorities.
W
Floodplain management criteria for mudslide (i.e., mudflow)-prone areas (44 CFR 60.4):
The Federal Insurance Administrator will provide the data upon which flood plain management regulations
shall be based. If the Federal Insurance Administrator has not provided sufficient data to furnish a basis for
these regulations in a particular community, the community shall obtain, review, and reasonably utilize data
available from other Federal, State or other sources pending receipt of data from the Federal Insurance
Administrator. However, when special mudslide (i.e., mudflow) hazard area designations have been
furnished by the Federal Insurance Administrator, they shall apply. The symbols defining such special
mudslide (i.e., mudflow) hazard designations are set forth in 44 CFR 64.3. In all cases, the minimum
requirements for mudslide (i.e., mudflow)-prone areas adopted by a particular community depend on the
amount of technical data provided to the community by the Federal Insurance Administrator. Minimum
standards for communities are as follows:
When the Federal Insurance Administrator has not yet identified any area within the community as an area
having special mudslide (i.e., mudflow) hazards, but the community has indicated the presence of such
hazards by submitting an application to participate in the Program, the community shall:
A. Require permits for all proposed construction or other development in the community so that it
may determine whether development is proposed within mudslide (i.e., mudflow)-prone areas;
B. Require review of each permit application to determine whether the proposed site and
improvements will be reasonably safe from mudslides (i.e., mudflows). Factors to be considered
in making such a determination should include but not be limited to (1) the type and quality of
soils, (ii) any evidence of ground water or surface water problems, (iii) the depth and quality of
any fill, (iv) the overall slope of the site, and (v) the weight that any proposed structure will
impose on the slope;
C. Require, if a proposed site and improvements are in a location that may have mudslide (i.e.,
mudflow) hazards, that (1) a site investigation and further review be made by persons qualified in
geology and soils engineering, (ii) the proposed grading, excavations, new construction, and
substantial improvements are adequately designed and protected against mudslide (i.e., mudflow)
damages, (iii) the proposed grading, excavations, new construction and substantial improvements
do not aggravate the existing hazard by creating either on -site or off -site disturbances, and (iv)
drainage, planting, watering, and maintenance be such as not to endanger slope stability.
When the Federal Insurance Administrator has delineated Zone M on the community's FIRM, the
community shall:
A. Meet the requirements listed above; and;
B. Adopt and enforce a grading ordinance or regulation in accordance with data supplied by the
Federal Insurance Administrator which (1) regulates the location of foundation systems and utility
systems of new construction and substantial improvements, (n) regulates the location, drainage
and maintenance of all excavations, cuts and fills and planted slopes, (iii) provides special
requirements for protective measures including but not necessarily limited to retaining walls,
buttress fills, sub -drains, diverter terraces, benchings, etc., and (iv) requires engineering drawings
and specifications to be submitted for all corrective measures, accompanied by supporting soils
engineering and geology reports.
t
Per 44 CFR 60.23: Planning considerations for mudslide (i.e., mudflow)-prone areas (these are not
mandatory):
The planning process for communities identified under part 65 of this subchapter as containing Zone M,
or which indicate in their applications for flood insurance pursuant to §59.22 of this subchapter that they
have mudslide (i.e., mudflow) areas, should include —
A. The existence and extent of the hazard;
B. The potential effects of inappropriate hillside development, including:
a. Loss of life and personal injuries, and
b. Public and private property losses, costs, liabilities, and exposures resulting from potential
mudslide (i.e., mudflow) hazards;
C. The means of avoiding the hazard including the (1) availability of land which is not mudslide (i.e.,
mudflow)-prone and the feasibility of developing such land instead of further encroaching upon
mudslide (i.e., mudflow) areas, (ii) possibility of public acquisition of land, easements, and
development rights to assure the proper development of hillsides, and (iii) advisability of
preserving mudslide (i.e., mudflow) areas as open space;
D. The means of adjusting to the hazard, including the (1) establishment by ordinance of site
exploration, investigation, design, grading, construction, filing, compacting, foundation,
sewerage, drainage, sub -drainage, planting, inspection and maintenance standards and
requirements that promote proper land use, and (ii) provision for proper drainage and sub -
drainage on public property and the location of public utilities and service facilities, such as
sewer, water, gas and electrical systems and streets in a manner designed to minimize exposure to
mudslide (i.e., mudflow) hazards and prevent their aggravation;
E. Coordination of land use, sewer, and drainage regulations and ordinances with fire prevention,
flood plain, mudslide (i.e., mudflow), soil, land, and water regulation in neighboring
communities;
F. Planning subdivisions and other developments in such a manner as to avoid exposure to mudslide
(i.e., mudflow) hazards and the control of public facility and utility extension to discourage
inappropriate development;
G. Public facility location and design requirements with higher site stability and access standards for
schools, hospitals, nursing homes, orphanages, correctional and other residential institutions, fire
and police stations, communication centers, electric power transformers and substations, water
and sewer pumping stations and any other public or quasi -public institutions located in the
mudslide (i.e., mudflow) area to enable them to withstand mudslide (i.e., mudflow) damage and
to facilitate emergency operations; and
H. Provision for emergencies, including:
a. Warning, evacuation, abatement, and access procedures in the event of mudslide (i.e.,
mudflow),
b. Enactment of public measures and initiation of private procedures to limit danger and damage
from continued or future mudslides (i.e., mudflow),
c. Fire prevention procedures in the event of the rupture of gas or electrical distribution systems
by mudslides,
d. Provisions to avoid contamination of water conduits or deterioration of slope stability by the
rupture of such systems,
e. Similar provisions for sewers which in the event of rupture pose both health and site stability
hazards, and
f. Provisions for alternative vehicular access and escape routes when normal routes are blocked
or destroyed by mudslides (i.e., mudflow);
L The means for assuring consistency between state, areawide, and local comprehensive plans with
the plans developed for mudslide (i.e., mudflow)-prone areas;
J. Deterring the nonessential installation of public utilities and public facilities in mudslide (i.e.,
mudflow)-prone areas.
47
Flood plain management criteria for flood -related erosion -prone areas (44 CFR 60.5):
The Federal Insurance Administrator will provide the data upon which flood plain management
regulations for flood -related erosion -prone areas shall be based. If the Federal Insurance Administrator
has not provided sufficient data to furnish a basis for these regulations in a particular community, the
community shall obtain, review, and reasonably utilize data available from other Federal, State or other
sources, pending receipt of data from the Federal Insurance Administrator. However, when special flood -
related erosion hazard area designations have been furnished by the Federal Insurance Administrator they
shall apply. The symbols defining such special flood -related erosion hazard designations are set forth in
§64.3 of this subchapter. In all cases the minimum requirements governing the adequacy of the flood plain
management regulations for flood -related erosion -prone areas adopted by a particular community depend
on the amount of technical data provided to the community by the Federal Insurance Administrator.
Minimum standards for communities are as follows:
When the Federal Insurance Administrator has not yet identified any area within the community as having
special flood -related erosion hazards, but the community has indicated the presence of such hazards by
submitting an application to participate in the Program, the community shall:
A. Require the issuance of a permit for all proposed construction, or other development in the area of
flood -related erosion hazard, as it is known to the community;
B. Require review of each permit application to determine whether the proposed site alterations and
improvements will be reasonably safe from flood -related erosion and will not cause flood -related
erosion hazards or otherwise aggravate the existing flood -related erosion hazard; and
C. If a proposed improvement is found to be in the path of flood -related erosion or to increase the
erosion hazard, require the improvement to be relocated or adequate protective measures to be
taken which will not aggravate the existing erosion hazard.
When the Federal Insurance Administrator has delineated Zone E on the community's FIRM, the
community shall:
A. Meet the requirements listed above; and;
B. Require a setback for all new development from the ocean, lake, bay, riverfront or other body of
water, to create a safety buffer consisting of a natural vegetative or contour strip. This buffer will
be designated by the Federal Insurance Administrator according to the flood -related erosion
hazard and erosion rate, in conjunction with the anticipated "useful life" of structures, and
depending upon the geologic, hydrologic, topographic and climatic characteristics of the
community's land. The buffer may be used for suitable open space purposes, such as for
agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using
temporary and portable structures only.
48
Per 44 CFR 60.24: Planning considerations for flood -related erosion -prone areas (these are not
mandatory):
The planning process for communities identified under part 65 of this subchapter as containing Zone E or
which indicate in their applications for flood insurance coverage pursuant to §59.22 of this subchapter that
they have flood -related erosion areas should include;
A. The importance of directing future developments to areas not exposed to flood -related erosion;
B. The possibility of reserving flood -related erosion -prone areas for open space purposes;
C. The coordination of all planning for the flood -related erosion -prone areas with planning at the
State and Regional levels, and with planning at the level of neighboring communities;
D. Preventive action in E zones, including setbacks, shore protection works, relocating structures in
the path of flood -related erosion, and community acquisition of flood -related erosion -prone
properties for public purposes;
E. Consistency of plans for flood -related erosion -prone areas with comprehensive plans at the state,
regional and local levels.
49
Current Flood Insurance
Study Maps
6111
61
E
6%
Best Available Data
53