HomeMy WebLinkAbout942_Amending Floodplain OrdinanceTulsa County Clerk - EARLENE WILSON
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SO, OKLAHOMA
ORDINANCE NO. 942
AN ORDINANCE RELATING TO CHAPTER 17 OF THE OWASSO
ZONING CODE, FLOOD HAZARD REGULATIONS, REPEALING THE
SAME IN ITS ENTIRETY AND IN LIEU THEREOF ADOPTING NEW
FLOOD DAMAGE PREVENTION MEASURES TO BE CODIFIED AS
CHAPTER 17 OF THE OWASSO ZONING CODE; AND REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, The Legislature of the State of Oklahoma has in 82 O.S. §§ 1601 -1618, as
amended, delegated the responsibility to local governmental units to adopt ordinances designed
to minimize flood losses; and
WHEREAS, The Owasso City Council deems it necessary for the carrying out of the purpose of
said acts and of promoting the health, safety and general welfare of the community to enact an
ordinance regulating the zoning of land within Owasso; and
WHEREAS, Under FEMA regulations, the City of Owasso is mandated to adopt floodplain
management measures that meet or exceed national Flood Insurance Program requirements; to
include the adoption of new Digital Flood Insurance Rate Maps (DFIRM) for Tulsa and Rogers
Counties when they become available from FEMA; and,
WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this
ordinance have been met.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF OWASSO, OKLAHOMA, THAT:
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Oklahoma has in 82 O.S. §§ 1601 -1618, as amended, delegated
the responsibility to local governmental units to adopt ordinances designed to minimize flood
losses. Therefore, the City of Owasso, Oklahoma, ordains the following, to be effective on and
after August 3, 2009:
SECTION B. FINDINGS OF FACT
1. The flood hazard areas of the Owasso are subject to periodic inundation, which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
ON
2. These flood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood hazards
areas by uses vulnerable to floods and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
6. Help maintain a stable tax base by providing for the sound use and development of flood -
prone areas in such a manner as to minimize future flood blight areas; and
7. Insure that potential buyers are notified that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood,
or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase flood
damage; and
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5. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
ARTICLE II
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.
"Accessory structure" - means a structure which is on the same parcel of property as the principal
structure and the use of which is incidental to the use of the principal structure. Examples of
accessory structures include but are not limited to garages and storage sheds.
"Area of special flood hazard" - is the land in the floodplain within the City of Owasso subject to
a one percent or greater chance of flooding in any given year.
"Base flood" - means the flood having a one percent chance of being equaled or exceeded in any
given year.
"Base flood elevation" — means the elevation in feet above mean sea level of the base flood or
1% chance flood.
"Basement" - means any area of the building having its floor sub -grade (below ground level) on
all sides.
"BFE" — means the base flood elevation.
"Board" — means the Oklahoma Water Resources Board.
"CFR" - means Code of Federal Regulations.
"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.
"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 or storage of equipment or materials.
"Development Permit" - means a permit issued by the City of Owasso F000dplain Administrator
which authorizes development in a special flood hazard area in accordance with this ordinance.
"Elevated building" - means a non - basement building built, in the case of a building in Zones
AE, A, and X, to have the top of the elevated floor adequately anchored so as not to impair the
structural integrity of the building during a flood up to the magnitude of the base flood. In the
case of Zones AE, A, and X, "elevated building" also includes a building elevated by means of
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fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters.
"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."
"Existing manufactured home park or subdivision" - means 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 management regulations adopted by the City of
Owasso.
"Expansion to an existing manufactured home park or subdivision " - means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
"FEMA" means the Federal Emergency Management Agency.
"FIRM" means Flood Insurance Rate Map.
"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, or
2. The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Insurance Rate Map" — means an official map of the City of Owasso on which FEMA has
delineated both the areas of special flood hazards and the risk premium zones applicable to the
City of Owasso.
"Flood insurance study" - is the official report provided by FEMA for the City of Owasso which
contains flood profiles, water surface elevation of the base flood, as well as the floodway width,
section area and mean velocity.
"Floodplain Administrator" — means a person accredited by the OWRB and designated by the
City Council of the City of Owasso to administer and implement laws, ordinances and
regulations relating to the management of floodplains.
"Floodplain or flood -prone area" - means any land area susceptible to being inundated by water
from any source (see definition of flood).
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"Floodplain management" - means 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" - means zoning codes and ordinances, subdivision
regulations, building codes, health regulations, special purpose regulations and ordinances (such
as floodplain, grading and erosion control regulations and ordinances) and other applications of
police power. The term describes such state or local regulations, in any combination thereof,
which provide standards for the purpose of flood damage prevention and reduction.
"Flood protection system" - means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the areas within the City of Owasso 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.
" 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. A floodway is located within areas of special
flood hazard established in Article III, Section B. A floodway is an extremely hazardous area
due to the velocity of floodwaters that carry debris and potential projectiles.
"Functionally dependent use" - means a use that 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.
"Highest adjacent grade" - means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Historic structure" - means any structure that is:
1. 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:
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a) By an approved state program as determined by the Secretary of the Interior, or
b) Directly by the Secretary of the Interior in states without approved programs.
"Levee" - 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.
"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.
"Lowest floor" - means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking or 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 requirement of Section 60.3 of Title 44 CFR.
"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. The term "manufactured home" does not include a
"recreational vehicle ".
"Manufactured home park or subdivision" - means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Mean sea level" - means, for purposes of the National Flood Insurance Program, the North
American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations
shown on the City of Owasso's Flood Insurance Rate Map are referenced.
"New construction" - means, for the purpose of determining insurance rates, structures for which
the "start of construction" commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, 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 the City of Owasso City Council and includes any subsequent
improvements to such structures.
"New manufactured home park or subdivision" - means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by the City of
Owasso's City Council.
"OWRB" — means the Oklahoma Water Resources Board.
N.
"Recreational vehicle" - means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. Designed to be self - propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
"Start of construction" - (for other than new construction or substantial improvements under the
Coastal Barrier Resources Act (Public Law 97 -348), 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 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 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" - means 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" - means 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" - means 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 "start of construction" of the improvement. This includes structures that
have incurred "substantial damage ", regardless of the actual repair work performed. The term
does not, however, include either:
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 conditions, or
2. Any alteration of a "historic structure" provided that the alteration would not preclude the
structure's continued designation as a "historic structure."
"Variance" - is a grant of relief by the City of Owasso City Council to a person from the terms of
this ordinance when specific enforcement would result in unnecessary hardship. A variance,
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therefore, permits construction or development in a manner otherwise prohibited by this
ordinance. (For full requirements see Section 60.6 of Title 44 CFR.)
"Violation" - means the failure of a structure or other development to be fully compliant with this
City of Owasso flood damage prevention ordinance.
"Water surface elevation" - means the height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
ARTICLE III
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This flood damage prevention ordinance shall apply to all areas of special flood hazard within
the jurisdiction of the City of Owasso, Oklahoma.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by FEMA for the portion of the City of Owasso
located within Tulsa County identified in a scientific and engineering report entitled, "The Flood
Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" dated August 3, 2009,
with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and
declared to be a part of this ordinance. This ordinance shall go into effect on August 3, 2009.
The portion of the City of Owasso located within Rogers County will be regulated using the
FEMA mapping entitled "Rogers County, Oklahoma and Unincorporated Areas" dated
December 19, 1997 are hereby adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions of this
floodplain management ordinance.
SECTION D. 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.
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SECTION E. 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 any other ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION F. 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.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater
floods can and will occur and flood heights may be increased by 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 City of Owasso or any official or employee thereof for any
flood damages that result from reliance on this ordinance or any administrative decision lawfully
made hereunder.
ARTICLE IV
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Council of the City of Owasso designates the Public Works Director, or his or her
designee, as Floodplain Administrator to administer and implement the provisions of this
ordinance and other appropriate sections of National Flood Insurance Program regulations in
Title 44 CFR pertaining to floodplain management.
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SECTION B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to,
the following:
1. Become accredited by the OWRB in accordance with Title 82 O.S. §§ 1601 -1618, as
amended.
2. Review permit applications to determine whether the proposed building sites, including
the placement of manufactured homes, will be reasonably safe from flooding.
3. Review, approve or deny all applications for Development Permits required by this
ordinance.
4. Review proposed development to assure that all necessary permits have been obtained
from those Federal, State or local governmental agencies from which prior approval are
required.
5. Make the necessary interpretation 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).
6. Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the FEMA.
7. Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
8. When base flood elevation data contemplated by Article III, Section B has not been
provided by FEMA, the Floodplain Administrator shall obtain, review and reasonably
utilize any base flood elevation data and floodway data available from any Federal, State
or other source, in order to administer the provisions of Article V.
9. When a floodway has not been designated, the Floodplain Administrator must require
that no new construction, substantial improvements, or other development (including fill)
shall be permitted within Zone AE as delineated on the Tulsa County FIRM or Rogers
County 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 City of Owasso.
10. After a disaster or other type of damage occurrence to structures in the City of Owasso,
determine if the residential and non - residential structures and manufactured homes have
been substantially damaged, and enforce the substantial improvement requirement.
11. Maintain a record of all actions involving an appeal from a decision of the City Council.
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12`. Maintain and hold open for public inspection all records pertaining to the provisions of
this ordinance.
SECTION C. PERMIT PROCEDURES
1. An Application for a Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him /her and may include, but not be limited to,
plans in duplicate drawn to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures, including the placement
of manufactured homes, and the location of the foregoing in relation to areas of special
flood hazard. Additionally, the following information is required:
1. Elevation in relation to mean sea level of the lowest floor (including basement) of
all new and substantially improved structures; and
2. Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
2. Approval or denial of a Development Permit by the Floodplain Administrator 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 location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use; and
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The relationship of the proposed use to the comprehensive plan for that area.
3. The Floodplain Administrator or City Council, as applicable, may approve certain
development in Zones A or AE delineated on the Tulsa County FIRM or Rogers County
FIRM which increases the water surface elevation of the base flood by more than one
foot, provided that the applicant for the Development Permit in that case first complies
with 44 CFR Section 65.12.
SECTION D. VARIANCES
1. General provisions.
a. The City Council of the City of Owasso may grant variances for uses which do
not satisfy the requirements of the Oklahoma Floodplain Management Act or this ordinance, if
the applicant for the variance presents adequate proof that (i) compliance with this ordinance will
result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage
to the people and (ii) satisfies the pertinent provisions of this Section D. Provided, however, no
variance shall be granted where the effect of the variance will be to permit the continuance of a
condition which unreasonably creates flooding hazards.
b. Any variance so granted shall not be construed as to relieve any person who
receives it from any liability imposed by the Oklahoma Floodplain Management Act or by other
laws of the state.
C. In no case shall variances be effective for a period longer than twenty (20) years.
d. Any person seeking a variance shall file a petition with the City Council,
accompanied by a filing fee of Twenty -five Dollars ($25.00).
e. 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 Section C(2)
and provisions of Section D of this Article IV have been fully considered. As the lot size
increases beyond the one -half acre, the technical justification required for issuing the variance
increases.
£ Any person seeking a variance to build a structure below the base flood elevation
will be issued a notice signed by the Mayor as authorized by the City Council which states that
(i) the cost of flood insurance will be commensurate with the increased risk resulting from
permitting the structure to be built lower than the base flood elevation, and (ii) such construction
below the base flood level increases risks to life and property.
g. At such time as the City Council deems the petition ready for notification to the
public, the City Council shall schedule a hearing and direct the applicant to publish notice
thereof in a newspaper of general circulation in either Tulsa County or Rogers County, where
appropriate, at least thirty (30) days prior to the hearing.
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h. The City Council shall conduct the hearing and make determinations in
accordance with the applicable provisions of this Section D. The City Council shall exercise
wide discretion in weighing the equities involved and the advantages and disadvantages to the
applicant and to the public at large when determining whether the variance shall be granted.
i. Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
(3) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws, regulations or ordinances; and
(4) A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
j. Upon consideration of the factors stated in this Section D and the intent of this
ordinance, the City Council may attach such conditions to the granting of a variance as it deems
necessary to further the purposes and objectives stated in Article I, Section C of this ordinance.
k. The Floodplain Administrator shall maintain a record of all variance actions,
including justification for their issuance; and a copy of any variance issued by the City Council
shall be sent by the Floodplain Administrator to the OWRB and FEMA within fifteen (15) days
after issuance of the variance.
2. Special provisions.
a. Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder of this ordinance.
b. Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
C. Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
d. Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use provided that:
(1) The criteria of Section D(1)(e); Section D(l)(i); Section 1)(2)(b); and Section
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D(2)(c) of this Article IV are met, and
(2) The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
ARTICLE V
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements:
1. All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
4. 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.
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from the systems into flood
waters; and,
7. On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevations have been provided or are
otherwise determined as set forth in Article III Section B, Article IV Section B(8), or Article V
Section C(I), the following provisions are required:
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I . Residential Construction - new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement) elevated at least one
(1) foot above the base flood elevation. A registered professional engineer, architect, or
land surveyor shall submit a certification to the Floodplain Administrator that the
standard of this subsection is satisfied.
2. Nonresidential Construction - new construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall have the lowest floor
(including basement) elevated at least one (1) foot above the base flood elevation. A
registered professional engineer, architect, or land surveyor shall submit a certification to
the Floodplain Administrator that the standard of this subsection is satisfied.
3. Enclosures - new construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet or exceed the
following minimum criteria:
(a) 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;
(b) The bottom of all openings shall be no higher than one foot above grade; and
(c) Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
4. Manufactured Homes -
(a) Require that all manufactured homes to be placed within Zone A shall be installed
using methods and practices that minimize flood damage and have the bottom of the
I -beam elevated at least thirty -six (36) inches above grade or at least at or above the
base flood elevation. For the purposes of this requirement, manufactured homes must
be elevated and anchored to resist flotation, collapse, or lateral movement. This
requirement is in addition to applicable State and local anchoring requirements for
resisting wind forces. The home shall be installed by a licensed installer according to
Oklahoma state law and compliance herewith shall be certified in writing to the
Floodplain Administrator by said installer prior to habitation of the manufactured
home.
(b) Require that manufactured homes that are placed or substantially improved within
Zone AE on sites (1) outside of a manufactured home park or subdivision, (ii) in a
new manufactured home park or subdivision, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) in an existing manufactured home
park or subdivision on which a manufactured home has incurred "substantial damage"
15
as a result of a flood, be elevated on a permanent foundation such that the bottom of
the I -beam for the manufactured home is elevated at least one feet above the base
flood elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement. A licensed installer shall
install the home in accordance with state law and compliance herewith shall be
certified in writing to the Floodplain Administrator by said installer prior to habitation
of the manufactured home.
(c) Require that manufactured homes be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zone AE that are not subject
to the provisions of paragraph (4) of this section be elevated so that the bottom of the
I -beam of the manufactured home is at least one foot above the base flood elevation
and be securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement. A licensed installer shall install the home
in accordance with state law and compliance herewith shall be certified in writing to
the Floodplain Administrator by said installer prior to habitation of the manufactured
home.
5. Recreational Vehicles - Require that recreational vehicles placed on sites within Zones
A and AE either:
(a) Be on the site for fewer than 180 consecutive days,
(b) Be fully licensed and ready for highway use, or
(c) Meet the permit requirements of Article IV, Section C, and the elevation and
anchoring requirements for "manufactured homes" in paragraph (4) of this section.
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.
6. Accessory Structure — Accessory structures to be placed on sites within Zones A and
AE shall comply with the following:
(a) The structure shall be unfinished on the interior;
(b) The structure shall be used only for parking and limited storage;
(c) The structure shall not be used for human habitation. Prohibited activities or uses
include but are not limited to working, sleeping, living, cooking, or restroom use;
(d) Service facilities such as electrical and heating equipment must be elevated to or
above the BFE;
(e) The structure shall be constructed and placed on the building site so as to offer the
minimum resistance to the flow of floodwaters;
16
(f) The structure shall be designed to have low flood damage potential and constructed
with flood resistance materials;
(g) The structure shall be firmly anchored to prevent flotation, collapse, and lateral
movement;
(h) Floodway requirements must be met in the construction of the structure;
(i) Openings to relieve hydrostatic pressure during a flood shall be provided below the
BFE; and
(j) The structure shall be located so as not to cause damage to adjacent and nearby
structures.
SECTION C. STANDARDS FOR SUBDIVISIONS
1. The applicant for a Development Permit for any subdivision located in Zones A and AE
which is 51 or more lots or greater than 5 acres shall generate the base flood elevation data
for that subdivision.
2. All subdivisions including the placement of manufactured home parks and subdivisions shall
have adequate drainage provided to reduce exposure to flood hazards.
3. All subdivisions including the placement of manufactured home parks and subdivisions shall
have public utilities and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize or eliminate flood damage.
SECTION D. FLOODWAYS
The following provisions shall apply to floodways:
Encroachments, including but not limited to fill, new construction, substantial
improvements and other development are prohibited within the adopted floodway unless
it has been demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachment would not
result in any increase in flood levels within the City of Owasso during the occurrence of
the base flood discharge.
2. If Article V, Section D.l above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Article V.
3. The City of Owasso may permit encroachments within the adopted floodway that would
result in an increase in base flood elevations, provided that the applicant for the
Development Permit complies with all of 44 CFR Section 65.12.
17
SECTION E. SEVERABILITY
If any section, clause, sentence, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
ARTICLE VI
PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this ordinance and other applicable regulations. A
structure or other development without the elevation certificate or other certifications required in
this ordinance is presumed to be in violation until such time as that documentation is provided.
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 constitute a misdemeanor. Any person who violates this ordinance or fails to comply with
any of its requirements shall upon conviction thereof be fined not more than $500.00 or
imprisoned for not more than one year or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the City Council
of the City of Owasso or its City Attorney from taking such other lawful action as is necessary to
prevent or remedy any violation.
CERTIFICATION
It is hereby found and declared by the City Council of the City of Owasso that severe flooding
has occurred in the past within its jurisdiction and will certainly occur within the future; that
flooding is likely to result in infliction of serious personal injury or death, and is likely to result
in substantial injury or destruction of property within its jurisdiction; in order to effectively
comply with minimum standards for coverage under the National Flood Insurance Program, and
in order to effectively remedy the situation described herein, it is necessary that this ordinance
become effective immediately.
Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the
immediate preservation of the public peace, health and safety, shall be in full force and effect
from and after its passage and approval.
18
This ordinance goes into effect on August 3, 2009, and on and after that date supersedes any
previous floodplain management regulations or ordinance(s) applicable to the City of Owasso.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF OWASSO THIS 21sT DAY OF
JULY, 200901- ATTEST:
Sherry , City
APP VED AS TO FORM:
Juli ombardi, City Attorney
CITY Owasso
Stephen taudella, Mayor
19
, the undersigned City Clerk of the
City of Owasso, hereby certify that the above is a true and correct copy of a flood damage
prevention ordinance duly adopted by the City Council of the City of Owasso at a regular
meeting of said City Council duly convened and held on 2009.
I further certify that the Oklahoma Open Meeting Act was complied with in all respects for such
meeting.
OFFICIAL
20
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: STEVEN F. ALBERT, P.E.
CITY ENGINEER
SUBJECT: ADOPTION OF FLOOD DAMAGE PREVENTION ORDINANCE
FEMA REQUIREMENT UNDER NATIONAL FLOOD
INSURANCE PROGRAM (NFIP)
DATE: July 17, 2009
BACKGROUND:
Under FEMA regulations, the City of Owasso must adopt floodplain management measures that
meet or exceed National Flood Insurance Program (NFIP) requirements. The City currently has a
floodplain ordinance included as Chapter 17 in the Zoning Code. This existing floodplain
ordinance was adopted when previously required by FEMA and is enclosed as Attachment A.
The City is required to adopt new floodplain maps when they become available from FEMA.
New Digital Flood Insurance Rate Maps ( DFIRM) for Tulsa County will become effective on
August 3, 2009 after the City of Owasso passes an ordinance adopting these maps. For this map
revision, FEMA is also requiring the city to adopt a new "Flood Damage Prevention Ordinance"
to replace the existing "Flood Hazard Regulations ". A copy of the proposed ordinance is
included as Attachment B. The existing ordinance, Chapter 17 of the Zoning Code, will be
replaced in its entirety by the new ordinance.
FEMA floodplain regulations evolve and expand over time. They use the map adoption process
as their opportunity to mandate that cities participating in the NFIP update their ordinances to
reflect their new regulations. The new floodplain ordinance will be longer and more detailed
than the present ordinance. However, the basic principles contained within the ordinance are
nearly identical to our current practices. Failure to adopt the new ordinance by August 3rd will
result in a suspension of the City of Owasso from the NFIP program. If suspended, Owasso
becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold
and existing policies cannot be renewed.
Rogers County is in a later stage of completion for their new flood mapping project. A
modification to this ordinance will be required within 9 to 18 months to adopt the new DFIRM
maps for Rogers County. Until that time, the existing FEMA Flood Study and FIRM maps dated
Dec. 19, 1997 will remain in force. This ordinance also adopts these existing maps until the new
maps are adopted.
FUNDING SOURCE:
No fiends are required for this proposed action.
RECOMMENDATION:
Staff recommends Council adoption of Ordinance No. 942, amending Chapter 17 of the Owasso
Zoning Code, "Flood Damage Prevention ".
ATTACHMENTS:
A. Proposed Ordinance No. 942
PUBLISHER'S AFFIDAVIT
PUBLICATION DATES)
08/04/09
CASE NUMBER: ORD NO. 942/FLOOD HAZARD
AD NUMBER: 00086473
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa I SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 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 ABOVE LISTED DATE(S)
MIn
Subscribed to and sworn to me this 5th day of August, 2009.
Notary Public
CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 1461.60
NANCY CAROL MOORB
Notary Public - State of Oklahoma
Tulsa County
MyCommWWEgtEDecember8,2010
Commission # 06011684
86473
Published in
the Owasso
Reporter,
Owasso, Tulsa
Oklahoma.
August 4,
2009.
96473 'Critical feature' - means an integral and readily identifiable part of
Published in the Owasso Reporter, Owasso, Tulsa County, a flood protection system. without which the flood protection provid-
Oklahoma, August 4, 2009. ad by the entire system would be compromised.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 942
AN ORDINANCE RELATING TO CHAPTER 17 OF THE
OWASSO ZONING CODE, FLOOD HAZARD REGULA-
TIONS, REPEALING THE SAME IN ITS ENTIRETY AND IN
LIEU THEREOF ADOPTING NEW FLOOD DAMAGE PRE-
VENTION MEASURES TO BE CODIFIED AS CHAPTER 17
OF THE OWASSO ZONING CODE; AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, The Legislature of the State of Oklahoma has in 82
O.S. §§ 1601 -1618, as amended, delegated the responsibility to
local governmental units to adopt ordinances designed to minimize
flood losses: and
carrying out of the purpose of said acts and of promoting the health,
safety and general welfare of the community to enact an ordinance
regulating the zoning of land within Owasso; and
WHEREAS, Under FEMA regulations, the City of Owasso Is man -
dated to adopt floodplain management measures that meet or
exceed national Flood Insurance Program requirements; to include
the adoption of new Digital Flood Insurance Rate Maps (DFIRM) for
Tulsa antl Rogers Counties when they become available from
FEMA; and,
WHEREAS, all requirements of Oklahoma Statutes, with regard to
the adoption of this ordinance have been met.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA,THAT:
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND METHODS
SECTION A
The Legislature of the State of Oklahoma has In 82 O.S. §§ 1601.
1618, as amended, delegated the responsibility to local govern.
mental units to adopt ordinances designed to minimize flood loss -
a.. Therefore, the Cdr of Owasso, Oklahoma, ordains the following,
to be effective on and after August 3, 2009:
SECTION S. FINDINGS OF FACT
1. The flood hazard areas of the Owass
inundation. which results in loss of life a
safety hazards, disruption of commerce e
es, and extraordinary public expenditures
relief, all of which adversely affect the public
chat welfare.
2. These flood losses are created by the cumulative effect of
obstructions in flootlplains which cause an increase in flood heights
and velocities. and by the occupancy of flood hazards areas by
uses vulnerable to floods and hazartlaus to other lands because
they are inadequately elevated, floodproofed or otherwise protected
from flood damage.
'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, excava-
tion or drilling operations or storage of equipment or materials.
mOevelopment Panel - means a permit issued by the City of
Owasso Floodplain Administrator which authorizes development in
a special flood hazard area in accordance with this ordinance.
'Elevated building' - means a non - basement building built, in the
case of a building in Zones AE, A, and X, to have the top of the ele-
vated floor adequately anchored so as not to impair the structural
Integrity of the building during a flood up to the magnitude of the
base flood. In the case of Zones AE, A, and X, "elevated building'
also includes a building elevated b, means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters.
'Existing construction' - means for the purposes of determining
rates, structures for which the'starl 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. -
'Existing manufactured home park or subdivision' - means a man -
ufactured 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 slle ggratling or pouring of
concrete pads) is completed before the effective date of the flood-
plain management regulations adopted by the City of Owasso.
'Expansion to an existing manufactured home park or subdivision' -
means the preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the insuring of concrete
pads).
'FEMA' means the Federal Emergency Management Agency.
'FIRM' means Flood Insurance Rate Map.
'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, or
2. The unusual and rapid accumulation or runoff of surface waters
o are subject to periodic from any source.
an property, health and
an governmental serve- 'Flood Insurance Rate Map- -
for flood protection and Owasso on which FEMA has
health, safety and gen- flood hazards and the risk pr
Owasso.
SECTION C. STATEMENT OF PURPOSE
means an official map of the City of
delineated both the areas of special
pre
zones applicable to the City of
'Flood insurance study - is the official report provided by FEMA for
the City of Owasso which contains flood profiles, water surface ele.
vation of the base flood, as well as the floodway, width, section area
and mean velocity.
'Floodplain Administrator' - means a person accredited by the
OW RB and designated by the City Council of the City of Owasso to
administer and implement laws, ordinances and regulations relating
to the management of flootlplains.
It is the purpose of this ordinance to promote the public health, safe-
ry and general welfare and ec minimize public and private losses to being in or flood-prone area'- means any land area susceptible
TO. to flood conditions in specific areas by provisions designed to: fl being inuntlatetl by water from any source (see deftntion of
flood).
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control
projects;
3. Minimize the need far rescue and relief efforts associated
with flooding and generally undertaken at the expense of
the general public;
4. Minimize prolonged business Interruptions;
5. Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and badges located in flootlplains;
6. Help maintain a stable tax base by providing for the sound
use and development of good -prone areas in such a man.
ner as to minimize future flood blight areas; and
7. Insure that potential buyers are notified that property Is in a
flood area.
SECTION D. METHODS OF REDUCING F OOD LOSSES
In order to accomplish its purposes, this ordinance uses the follow.
ing methods:
1. Restrict or prohibit uses that are dangerous to health, safe-
ty or property in times of flood, or cause excessive increas-
es in flood heights or velocities;
2. Require that uses vulnerable to floods. including facilities
which serve such uses, be protected against flood damage
at the time of initial construction;
3. Control the alteration of natural flootlplains, stream chan-
nels, and natural protective barriers, which are involved in
the accommodation of flood waters;
4. Control filling, grading, dredging and other development
which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase
flood hazards to other lands.
ARTICLE II
DEFINITIONS
Unless specifically defined below, words or phases used in this
ortlinance shall be interpreted to give them the meaning they have
in common usage and to give this ordinance its most reasonable
application.
'Accessory structure' - means a structure which is an the same
parcel of property as the principal stmnure and the use of which is
incidental to the use of the principal structure. Examples of acces-
sory structures include but are not limited to garages and storage
"Area Of special flood hazard' - Is the land in the floodplain within
the City of Owasso subject to a one pement or greater chance of
flooding in any given year.
"Base flood' - means the flood having a one percent chance of
being equaled or exceeded in any given year.
'Base flood elevation' - means the elevation in feet above mean sea
level of the base flood or i % chance flood.
"Basement' - means any area of the building having its floor sub -
grade (below ground level) on all sides.
'BFE"- means the base flood elevation.
"Board'- means the Oklahoma Water Resources Board.
'CFR' - means Code of Federal Regulations.
'Floodplain managemenP - means the operation of an overall pre-
gram of corrective and preventive measures for reducing flood dam-
age, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
'Floodplain management regulations' - means zoning codes and
ordinances, subdivision regulations, building codes, health regula.
tions, special purpose regulations and ordinances (such as flood-
plain, grading and erosion control regulations and ordinances) and
other applications of police power. The term describes such state
or focal regulations, in any, combination thereof, which provide Stan-
dards for the purpose of (load damage prevention and reduction.
'Flood protection system' - means those physical structural works
for which funds have been authorized, appropriated, and expended
and which have been constructed specifically to modify flooding in
order to reduce the agent of the areas within the City of Owasso
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.
' F000dway' - 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 cumulatwely increasing the water surface
elevation more than a designated height. A floodway is located
wihin areas of special flood hazard established In Article III,
Section B. A floodway is an extremely hazardous area due to the
velocity of floodwaters that carry debris and potential projectiles.
'Functionally dependent use- - means a use that cannot perform its
intended purpose unless it is located or carried out in close roxim-
ty to water. The term includes only docking facilities, Pon facilities
that are necessary for the loading and unloading of cargo or pas.
sengers, and ship building and ship repair facilities, but does not
include long -term storage or related manufacturing facilities.
'Highest adjacent grade- - means the highest natural elevation of
the ground surface prior to construction next to the proposed walls
of a structure.
'Historic structure' - means any structure that is:
1. Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily
determined W the Secretary of the Interior as meeting the
requirements for individual listing on me National Register;
2. Certified or preliminarily determined by the Secretary of the
Imerior as contributing to the historical significance of a regis.
tered 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 com.
mura ies with historic preservation programs that have been cer-
tified either:
a) By an approved slate program as determined by the
Secretary of the Interior, or
b) Directly by the Secretary of the Interior in states without
approved programs.
'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 lemporary flooding.
'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 accor-
dance with sound engineering practices.
'Lowest floor' - means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking or 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 ran.
der the structure In violation of the applicable non - elevation design
requirement of Section 60.3 of Title 44 CFR.
'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 con.
nected to the required utilities. The term 'manufactured home'
does not include a'recmaltonal vehicle'.
'Manufactured home park or subdivision' - means a parcel (or con.
tiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
'Mean sea level- - means, for purposes of the National Flood
Insurance Program, the North American Vertical Datum (NAVD) of
1988 or other datum, to which base flood elevations shown on the
City of Owasso's Flood Insurance Rate Map are referenced.
'New construction' - means, for the purpose of determining insur.
ance rates, structures for which the -start of construction' com-
menced on Or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subse-
quent improvements to such structures. For floodplain manage-
ment purposes, 'new construction' means structures for which the
'start of construction' commenced on or after the effective date of
a floodplain management regulation adopted by the City of Owasso
City Council and includes any subsequent improvements to such
structures.
'New manufactured home park or subdivision' - means a manufac-
tured home park or subdivision for which the construction of facili-
ties 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 flood-
plain management regulations adapted by the City of Owasso's City
Council.
'OWRB' - means the Oklahoma Water Resources Board
'Recreational vehicle' - means a vehicle which is
t. Built an a single chassis;
2. 400 square feel or less when measured at the largest horizontal
projections;
3. Designed to be self - propelled or permanently towable by a light
duty tmdq and
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
'Star) of construction' - (for other than new construction or substan.
tial improvements under the Coastal Banker Resources Act (Public
Law W -348), includes substantial improvement and means the data
the building permit was issued, providetl the actual start of con-
struction, repair, reconstruction, rehabilitation, addillon, placement,
or other improvement was within 180 days of the permit date. The
actual start means either the first placement of permanent con-
struction of a structure on a site, such as the pouring of slab or foot-
ings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manu-
factured home on a foudation. Permanent construction does not
Include land preparation, such as clearing, paying and filling; nor
does it include the installation of strops and /nr warkwav nnr n„e.
the electron of temporary forms; nor does it include the installation
on the property of accessory builtlings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual stall of construction means
the first alienation of any wall, ceiling, floor, or other structural part
of a building, whether or not that allocation affects the external
'Structure'- means a walled and roofed builtling, including a gas Or
liquid storage tank that is principally above ground, as well as a
manufactured home.
'Substantial damage' - means 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' - means any reconstruction, rehabilita.
tion, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure
before 'start of construction- of the improvement. This includes
Structures that 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 vio-
lations Of state or local health, sanitary, or safety code specifica.
tions which have been identified by the local code enforcement
official and which are the minimum necessary conditions, or
2. Any allocation of a'historic structure' provided that the alteration
would not preclude the structure's continued designation as a
'historic structure.'
'Variance' - is a grant of relief by the City of Owasso City Council to
a person from the terms of this ordinance when specific enforce-
ment would resut in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohib.
ted by this ordnance, (For half requirements see Section 60.6 of
Title 44 CFR.)
'Violation' - means the failure of a structure Or other development
to be fully compliant with this City of Owasso flood damage preven-
tion ordinance.
'Water surface elevation' -means the height. In relation to the North
American Vertical Datum (NAVD) of 1988 (or other datum, where
specified), of floods of various magnitudes and frequencies in the
flootlplains of coastal or rivenne areas.
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This flood damage prevention ordinance shall apply to all areas of
special flood hazard within the jurisdiction of the City of Owasso,
SECTION B
The areas of special flood hazard identified by FEMA for the portion
of the City of Owasso located within Tulsa County identified in a sci-
entific and engineering mpon entilled,'The Flood Insurance Study
for Tulsa County, Oklahoma and Incorporated Areas" dated August
3, 2009, with the accompanying Flood Insurance Rate Map (FIRM)
are hereby adopted by reference and declared to be a pan of this
ordinance. This ordinance shall go into effect on August 3, 2009.
The portion of the City of Owasso located within Rogers County will
be regulated using the FEMA mapping entitled -Rogers County,
Oklahoma and Unincorporated Areas" dated December 19, 1997
are hereby adopted by reference and declared to be a part of this
ordinance.
SECTION C. E5TOSJJHM NTDFDEVELDpMii PERMIT
A Development Permit shall be required to ensure conformance
with the provisions of this floodplain management ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its
use changed without full compliance with the terms of this ordi-
nance an other applicable regulations.
SECTION E. ABROGATION AND GREATER R STBI TIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or dead restrictions. However,
where this ordinance and any other ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
SECTION F. INTERPBETATION
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 grant-
ed under Stale statutes.
SECTION G. WARNING AND DISCLAIMER DR LIABILITY
The degree of flood proleclion required by this ordinance is consid-
ered reasonable for regulatory purposes and is based on scientific
and engineering considerations. On rare occasions greater floods
can and will occur and flood heights may be increased by 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 tlamages. This ordi.
nance shat[ not create liability on the pan of the City of Owasso or
any official or employee thereof for any flood damages that result
from reliance an Ihis ordinance or any administrative decision law.
fully made hereunder.
ARTICLE IV
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN
ADMINISTRATOR
The City Council of the City of Owasso designates the Public Works
Director, or his or her designee, as Fioodplain Administrator to
administer and implement the provisions of this ordinance and other
appropriate sections of National Flood Insurance Program regula.
tions in Title 44 CFR pertaining to fioodplatn management.
SECTION B. DUTIES AND RESPONSIBILITIES OFTH
FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Flootlplain Administrator shall
include, but not be limited to, the following:
1. Become accredited by the OWRB in accordance with Title 82
0.5.44 1601 -1618, as amended.
2. Review permit applications to determine whether the proposed
building sites, including the placement of manufactured homes,
will be reasonably safe from flooding.
3. Review, approve or deny all applications for Development
Permits required by this ortlinance.
4. Review proposed development to a seem that all necessary per.
mits have been obtained from thane Federal. State or local gov.
ernmental agencies from which prior approval are required.
5. Make the necessary interpretation where interpretation is need-
ed as to the exact location of the boundaries of the areas of spe.
cial flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field condi-
tions).
6.
OW RB ,,t in riverine situations, adjacent communities and the
prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the FEMA.
7. Assure that the flood carrying capacity within the altered orrate-
noted portion of any watercourse is maintained.
8. When base flood elevation data contemplated by Article 111,
Section B has not been provided by FEMA, the Flootlplain
Administrator shall obtain, review and reasonably utilize any
base flood elevation data and Headway data available from any
Federal, Slate or other source, in order to administer the provi.
sions of Article V.
9. When a floodway has not been designated, the Fioodplain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be per.
mitted within Zone AE as delineated on the Tulsa County FIRM
or Rogers County FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined
with all other existing antl anticipated development, will not
increase the water surface elevation of the base good more than
one foot at any point within the City of Owasso.
10. After a disaster or other type of damage occurrence to shuc-
furce in the City of Owasso, determine it the residential and non-
residential structures and manufactured homes have been sub-
stantially damaged, and enforce the substantial improvement
requirement.
11. Maintain a record of all actions Involving an appeal from a deci-
sion of the City Council.
12. Maintain and hold open for public inspection all records pertain-
ing to the provisions of this ordinance.
SECTION C. PERMIT PROCEDURES
1. An Application for a Development Permit shall be presented to
the Flootlplain Administrator on forms furnished by himrher and
may include, but not be limited to, plans in duplicate drawn to
scale showing the location, dimensions, and elevation of pro-
posed landscape alterations, existing and proposed structures,
including the placement of manufactured homes, and the loca.
tion of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
1. Elevation in relation to mean sea twat of the lowest floor
(including basement) of all new and substantially improved
structures; and
2. Description of the extent to which any watercourse or role.
ral drainage will be altered or relocated as a result of pro-
posed development.
2. Approval or denial of a Development Permit by the Flootlplain
Administrator shall be based on all of the provisions of this ordi.
nance 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
flootl damage and the effect of such damage on the Intake -
ual owner;
c. The dangerthat 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 ordi-
nary and emergency vehicles;
I. The costs of providing governmental services during and
alter 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 sed-
iment transport of the flood waters and the ¢Heels of wave
action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where
applicable;
I. The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use; and
j. The relationship of the proposed use to the comprehensive
plan for that area.
3. The Floodpiain Administrator or City Council, as applicable, may
approve certain development in Zones A or AE delineated on the
Tulsa County FIRM or Rogers County FIRM which increases the
water surface elevation of the base flood by more than one foot,
provided that the applicant for the Development Permit in that
case first complies with 44 CFR Section 65.12.
SECTION D. VARIANCES
1. General provisions
a. The City Council of the City of Owasso may grant variances for
uses which do not satisfy the requirements of the Oklahoma
Flootlplain Management Act or this ordinance, it the applicant for
the variance presents adequate proof that (i) compliance with this
ordinance will result in an arbitrary and unreasonable taking of
property without sufficient benefit or advantage to the people and
Ili) satisfies the pertinent provisions of this Section D. Provided,
however, no variance shall be granted where the effect of the vari-
ance will be to permit the continuance of a condition which unrea-
sonably creates flooding hazards.
b. Any variance so granted shall not be construed as to relieve
any person who receives it from any liability imposed by the
4. All new construction or substantial improvements Shall be
constructed with electrical, healing, ventilation, plumbing,
and air conditioning a uipment and other service facilities
that are designed an or located so as to prevent water
from entering or accumulating within the components dur.
ing conditions of flooding.
5. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system;
6. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system and discharge from the systems into flood
waters; and,
7. On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
SECTION B. SPECIFIC TANDARDSS
In all areas of special flood hazards where base flood elevations
have been provided or are otherwise determined as set forth in
Article III Section B, Article IV Section B(e), or Article V Section
C(1), the following provisions are required:
1. Residential Construction - newconstructionandsubstan-
tial improvement of any residential structure shall have the
lowest floor (including basement) elevated at least one (1)
foot above the base flood elevation. A registered profes-
sional engineer, architect, or lend surveyor shall submit a
certification to the Flootlplain Administrator that the stan.
dard of this subsection is satisfied.
Oklahoma Flootlplain Management Act or by other laws of the
state.
c. In no case shall variances be effective fora period longer than
twenty (20) years.
d. Any person seeking a variance shall file a petition with the City
Council, accompanied by a filing fee of Twenty-five Dollars ($25.00).
e. 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 can.
structed below the base flood level, providing the relevant factors in
Section C(2) and provisions of Section D of this Article IV have
been fully considered. As the lot size Increases beyond the one -half
acre, the technical justification required for issuing the variance
Increases.
I. Any person seeking a variance to build a structure below the
base flood elevation will be issued a notice signed by the Mayor as
authorized by the City Council which states that (i) the cost of flood
insurance will be commensurate with the increased risk resulting
from permitting the structure to be built lower than the base flood
elevation, and (ii) such construction below the base flood level
Increases risks to life and property.
g. At such time as the City Council deems the petition ready for
notification to the pubic, the City Council shall schedule a hearing
and direct the applicant to publish notice thereof in a newspaper of
general circulation In either Tulsa County or Rogers County, where
appropriate, at least thirty (30) days prior to the hearing.
In. The City Council shall conduct the hearing and make determi.
nations in accordance with the applicable provisions of this Section
D. The City Council shall exercise wide discretion in weighing the
equities involved and the advantages and disadvantages to the
applicant and to the public at large when determining whether the
variance shall be granted.
t. Variances shall only be Issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would
result in exceptional hardship to the applicant;
(3) A determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nui.
sances, cause fraud on or victimization of the public. or
conflict with existing local laws, regulations or ordi-
nances;and
(4) A determination that the variance is the minimum nec.
essary, considering the flood hazard, to afford relief.
j. Upon consideration of the factors stated in this Section D and
the intent of this ordinance, the City Council may attach such con-
tlitions to the granting of a variance as it deems necessary to fur -
therthe purposes and objectives stated in Article I, Section C of this
ordinance.
It. The Flootlplain Administrator shall maintain a record of all vari-
ance actions, including justification for their issuance; and a copy of
any variance issued by the City Council shall be sent by the
Fioodplain Administrator to the OWRB and FEMA within fifteen (15)
days after issuance of the variance.
2. Special provisions.
a. Variances may be Issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Pieces or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this ordinance.
b. Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
c. Variances may be issued for the repair or rehabilitation of his-
toric structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
d. Variances may be issued far now construction and substan-
tial improvements and for other development necessary for the con-
duct of a functionally dependent use provided that:
(1) The criteria of Section D�1 )(e); Section D(()(i): Section
D(2)(b); end Seclian D(2)(c of this Article IV are met, and
(2) The structure or other development is protected by meth-
ods that minimize flood damages during the base flood and
create no additional threats to public safety.
ARTICLE V
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENEHAL STANDARDS
In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements:
1. All new construction or substantial improvements shall be
designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, includ-
ing the effects of buoyancy;
2. All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
3. All new construction or substantial improvements shall be
constructed with materials resistant to flood damage;
2. Nonresidential Construction - new construction and sub-
stantial improvements of any commercial, industrial or
other nonresidential structure shall have the lowest floor
(including basement) elevated at least one (1) foot above
the base flood elevation. A registered professional engi-
neer, architect, or land surveyor shall submit a certification
to the Flootlplain Administrator that the standard of this
subsection is satisfied.
3. Enclosures - new construction and substantial improve-
ments, with fully enclosed areas below the lowest floor that
are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are
subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allow -
Ing for the entry and exit offloodwaters. Designs for meet-
ing this requirement must either be certified by a registered
Professional engineer or architect or meet or exceed the
following minimum criteria:
(a) A minimum of two openings having a total net area of
not less than one square mch for every square foot of
enclosed area subject to flooding shall be provided;
(b) The bottom of all openings shall be no higher than one
foot some grade; and
(c) Openings may be equipped with screens, lowers,
valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
4. ManufacturedHomes -
(a) Require that all manufactured homes to be placed with-
in Zone A shall be installed using methods and prac.
tices that minimize flood damage and have the bottom
of the I -beam elevated at least thirty -six (36) inches
above grade or at least at or above the base flood ele-
vation. For the purposes of this requirement, manufac-
tured homes must be elevated and anchored to resist
flotation, collapse, or lateral movement. This require-
ment is in addition to applicable State and local anchor.
ing requirements for resisting wind forces. The home
shall be installed by a licensed installer according to
Oklahoma state law and compliance herewith shall be
certified in wrhing to the Flootlplain Administrator by
said Installer prior to habitation of the manufactured
home.
(b) Require that manufactured homes that are placed or
substantially improved within Zone AE on sites (i) out-
side of a manufactured home park or subdivision, (ii) in
a new manufactured home park or subdivision, (iii) in
an expansion to an existing manufactured home park or
incurred -substantial damage' as a result of a flood, be
elevated on a permanent foundation such that the bat -
tam of the I -beam for the manufactured home is elevat-
ed at least one feet above the base flood elevation and
be securely anchored to an adequately anchored foun-
dation system to resist flotation, collapse, and lateral
movement. A licensed installer shall inatalt the inn- in
to the Floodpiain
r to habitation of the
(c) Require that manufactured homes be placed or sue-
name park or subdivision within Zone AE that are not
subject to the provisions of paragraph (4) of this section
be elevated so that the bottom of the I -beam of the
manufactured home is at least one feat above the base
flood elevation and be securely anchored to an ade-
quately anchored foundation system to resist flotation,
collapse, and lateral movement. A licensed installer
shall install the home in accordance with state law and
compliance herewith shall be certified in writing to the
Flootlplain Administrator by said installer prior to habi-
tation of the manufactured home.
5. Recreational Vehicles - Require that recreational vehicles
placed on sites within Zones A and AE either.
(a) Be on the site far fewer than 180 consecutive days,
(b) Be fully licensed and ready for highway use, or
(c) Meet the permit requirements of Arttcle IV, Section C,
and the elevation and anchoring requirements for
'manufactured homes' in paragraph (4) of this section.
A recreational vehicle is ready for highway use 4 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.
6. Accessory Structure - Accessory structures to be placed
on sites within Zones A and AE shall comply with the fol-
lowing:
(a) The structure shall be unfinished on the interior;
(b) The structure shall be used only far packing and limited
storage;
(c) The structure shall not be used for human habitation.
Prohibited activities or uses include but are not limited
to working, steeping, living, cooking, or restroom use;
(d) Service facilities such as electrical and heating equip-
ment must be elevated to or above the BFE;
(e) The structure shall be constructed and placed on the
building site so as to offer the minimum resistance to
the flow of floodwaters;
(f) The structure shall be designed to have low flood dam-
age potential and constructed with flood resistance
materials;
(g) The structure shall be firmly anchored to prevent (Iota-
. tion, collapse, and lateral movement;
(h) Floodway requirements must be met in the construction
of the structure;
(1) Openings to relieve hydrostatic pressure during a flood
shall be provided below the BFE; and
(j) The structure shall be located so as not to cause dam.
age to adjacent and nearby structures.
SECTION C. STANDARDS FOR SUBDIVISIONS
1. The applicant for a Development Permit for any subdivision locat-
ed in ZZones A and AE which Is 51 or more lots or greater than 5
acres shall generate the base flood elevation data for that subdi-
vision.
2. All subdivisions including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided
to reduce exposure to flood hazards.
3. All subdivisions including the placement of manufactured home
parks and subdivisions shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flootl damage.
SECTION D. FLOODWAYS
The following provisions shall apply to floodweys:
1. Encroachments, Including but not limited to fill, new construction,
substantial improvements and other development are prohibited
within the adopted floodway unless 4 has been demonstrated
through hydrologic and hydraulic analyses performed in accor-
dance with standard engineering practice that the proposed
encroachment would not result in any Increase in flood levels
within the City of Owasso during the occurrence of the base
flood discharge.
2. If Article V, Section Of above is satisfied. all new construction
and substantial improvements shall comp wah all applicable
flood hazard reduction provisions of Anicle .
3. The City of Owasso may permit encroachments within the adopt-
ed floodway that would result in an increase in base flood eleva-
tions, provided that the applicant for the Development Permit
complies with all of 44 CFR Section 65.12.
SECTION E. BEVERAOILITY
If any section, clause, sentence, or phrase of this eminence Is held
to be mead or unconstitutional by any court of competent jurisdic-
tion, then said holding shall in no way affect the validity of the
remaining portions of this ordinance.
ARTICLE VI
PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extend.
ed, converted, or altered without full compliance with the terms of
this ordinance and other applicable regulations. A structure or other
development without the elevation certificate or other certifications
required in this ordinance is presumed to be in violation until such
time as that documentation is provided. 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 constitute a misdemeanor. Any
person who violates this ordinance or fails to comply with any of as
requirements shall upon conviction thereof be fined not more than
5500.00 or imprisoned for not more than one year or both, for each
violation, and in addition shall pay all costs and expenses imelved
in the case. Nothing herein contained shall prevent the City Council
of the City of Owasso or its City Attorney from taking such other
lawful action as is necessary to prevent or remedy any violation.
CERTIFICATION
It is hereby found and declared by the City Council of the City of
Owasso that severe flooding has occurred in the past wdhin its juris-
diction and will certainly occur within the future; that flooding is Use -
Iy to result in Infliction of serious personal injury or death, and is
likely to result in substantial injury or destruction of property within
its jurisdiction; in order to effectively comply with minimum stan-
cards for coverage under the National Flood Insurance Program,
and in order to effectively remedy the situation described herein, it
is necessary that this ordinance become effective immediately.
Therefore, an emergency is hereby declared to exist, and this ordi-
nance, being necessary for the immediate preservation of the pub.
lic peace, health and safely, shall be in full tome and effect from and
after its passage and approval.
This ordinance goes into effect on August 3, 2009, and on and after
that date supersedes any previous Iloodplain management regule.
tions or ordinance(s) applicable to the City of Owasso.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF OWASSO
THIS 21 ST DAY OF JULY, 2009.
ATTEST: /a/ Stephen Cataudella, Mayor
/s/ Sherry Bishop, City Clerk
APPROVED AS TO FORM:
/s/ Julie Lombardi, City Attorney