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HomeMy WebLinkAbout367_Amend Ord 304_Providing for Flood Damage PreventionBOOK 5014 PAGE 1664 585078 ORDINANCE NO. 367 CITY OF OWASSO, OKLAHOMA AN ORDINANCE PROVIDING FOR FLOOD DAMAGE PREVENTION, AMENDING ORDINANCE NUMBER 304, AS CODIFIED IN THE CODE OF OWASSO, OKLAHOMA, IN CHAPTER 4, FLOOD HAZARD REGULATIONS, SECTIONS 12 -401 THROUGH 12 -411, PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section one (1): A) That Section 12 -401 be amended by adding thereto a new subsection designated as 12- 401(7), and providing, (7) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken "V at the expense of the general public; B) That Section 12 -402 be repealed and the following to be adopted in its place also designated 12 -402 Definitions; Section 12 -402 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. 1. APPEAL - means a request for a review of the Building Insprctor or Zoning Officers interpretation of any provision of this ordinance or a request for a variance. 2. AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance 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. 3. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM) After detailed ratemaking has been completed,. in preparation for publication of the FIRM, Zone `A usually is refined into Zones A, AE, AH, AO, Al -99, VO, V1 -30, VE or V. 4. BASE FLOOD - means the flood having a one percent chance of being equalled or exceeded in any given year. 5. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. -1- STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 87 APR 10 AM 8:49 JOAN HASTINGS TULSA COUNTY CLERK BOOK 5014 PAGE 1665 6. DEVELOPMENT - means any man -made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 7. ELEVATED BUILDING - means a nonbasement building (1) built, in the case of a building in Zones Al -30, AE, A A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1 -30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al -30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1 -30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building ", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. 8. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures." 9. FLOOD OR FLOODING - means 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. 10. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 11. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary- Floodway Map. 12. FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). 13. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have -2- BOOK 5014 PAGE 1666 been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. 14. FLOODWAY (REGULATORY 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. 15. FUNCTIONALLY DEPENDENT USE - means 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, but does not include long -term storage or related manufacturing facilities. 16. HABITABLE FLOOR - means any floor useable for the following purposes; which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor." 17. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 18. LEVEE - means 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. 19. LEVEE SYSTEM - means 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. 20. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable 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 - elevated design requirement of Section 60.3 of the National Flood Insurance Program regulations. 21. 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 -3- BOOK 5014 PAGE 1667 when connected to the required utilities. For flood plain 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. 22. MEAN SEA LEVEL - means, 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. 23. NEW CONSTRUCTION - means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community. 24. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97- 348)), 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; not does it include the installation of streets and /or walkways; nor does it include excavation for 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. 25. STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 26. SUBSTANTIAL IMPROVEIENT - means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which -4- BOOK 5014 PAGE 1668 are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 27. VARIANCE - is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) 28. VIOLATION - means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. 29. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. C) That Section 12 -403 be amended by adding thereto a new subsection designated as 12 -403 (10), and providing, (10) All new construction or substantial improvements 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) That Section 12 -403 (5) be repealed and the following be adopted in its place also designated 12 -403 (5), (5) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Building Inspector or Zoning Officer that the standard of this subsection as proposed in 12 -405 (6), is satisfied. E) That Section 12 -403 (6) be repealed and the following be adopted in its place also designated 12 -403 (6), (6) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability 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 -5- BOOK 5014 PAGE 1669 methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Building Inspector or Zoning Officer. F) That Section 12 -403 (9) (e) be amended by adding thereto as providing: (e) For new mobile home parks and subdivisions, for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50 %) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, required in zones Al -30, AH, and AE. G) That Section 12 -405 be amended by adding thereto new subsections designated as 12 -405 (8), 12 -405 (9), 12 -405 (10), 12 -405 (11), and 12 -405 (12) (a -j), and providing, (8) Elevation in relation to mean seal level to which any nonresidential structure shall be floodproofed; (9) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of 12 -403 (6); (10) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (11) Maintain a record of all such information in accordance with 12 -496 (7); (12) Approval or denial of a Development Permit by the Building Inspector or Zoning Officer shall be based on all of the provisions of this ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; C. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront BOOK 5014 PAGE 1670 location, where applicable; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. H) That Section 12 -406 be amended by adding thereto new subsections designated as 12 -406 (7), 12 -406 (8), and 12 -406 (9), and providing, (7) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (8) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Inspector or Zoning Officer shall make the necessary interpretation. (9) When a regulatory floodway has not been designated, the Building Inspector or Zoning Officer must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. I) That Section 12 -406 (4) be amended by adding thereto as providing, (4) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is Oklahoma Water Resources Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. J) That Section 12 -406 (5) be amended by adding thereto as providing, (5) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. K) that Section 12 -408 be amended by adding thereto a new subsection designated as 12 -408 (4) and providing, (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. L) That Section 12 -409 be amended by adding thereto new subsections designated as 12 -409 (1 -9) and providing, (1) The BOA shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector or Zoning Officer in the enforcement or administration of this ordinance. (2) Any person or persons aggrieved by the decision of the BOA may appeal such decision in the courts of competent jurisdiction. -7- BOOK 5014 PAGE 1671 (3) The building inspector or zoning officer shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainders of this ordinance. (5) 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 level, providing the relevant factors in 12 -405 (12) of this Article have been fully considered. As the lot size increases beyond the one -half acre, the technical justification require for issuing the variance increases. (6) Upon consideration of the factors noted above and the intent of this ordinance, the BOA may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (12 -401). (7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (8) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting for 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. c. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the 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 floor elevation. (9) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in 12 -409 (1 -9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. M) That the following new sections be added, providing, 12 -412 - ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this ordinance. -8- BOOK 5014 PAGE 1672 12 -413 - COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. 12- 414 - 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 other conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 12 -415 - INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. 12 -416 - WARNING AND 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 consideration. On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. This ordinance 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 ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 12 -417 - STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with 12 -401 of this ordinance. (2) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet Development Permit requirements of 12 -412; 12 -405; and the provisions of 12 -403 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to 12 -404 or 12 -406 (3) of this ordinance. (4) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. Section Two (2) - That by reason of mandate of the Federal Emergency Management Agency requiring passage and effectiveness of the provisions hereof on or before the 1st day of April, 1987, or loss of coverage under the National BOOK 5014 PAGE 1673 Flood Insurance Program may result, an emergency is hereby declared to exist, whereby the provisions of this ordinance shall take effect immediately upon passage and publication hereof. APPROVED this 17th day of March, 1987, with the emergency clause passed upon and approved separately. Kenneth Wood, Mayor Ronald D. Cates, City Attorney Attest: Jane Buchanan, city Clerk -10- Affidavit Of Publication book 5014 page 1674 STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter a weekly newspaper printed in the City of Owasso Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: March 26th 1987 Notary Public PUblished in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, March 26,1987. ORDINANCE NO. 367 CITY OF OWASSO, OKLAHOMA AN ORDINANCE PROVIDING FOR FLOOD DAMAGE PREVENTION, ',MENDING ORDINANCE NUMBER 304, AS CODIFIED IN THE CODE OF O W ASSO, OKLAHOMA, IN CHAPTER 4, FLOOD HAZARD REGULATIONS, SECTIONS 12401 THROUGH 12411, PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY. APPROVED this 17th day of March, 1987, with the emergency clause passed upon and approved separately. /s / Kenneth Wood, Mayor Attest: /s/ Jane Buchanan City Clerk Approved as to Form: /s/ Ronald D. Cates City Attorney NN62