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The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by human-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted with such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
The City Council designates the Code Enforcement Officer as Floodplain Administrator to administer and implement the provisions of this article and other appropriate sections of national flood insurance program regulations in C.F.R. Title 44 pertaining to the floodplain management (being 44 C.F.R. part 60 - Criteria for Land Management and Use).
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
1. Become accredited by the OWRB in accordance with 82 O.S. §§ 1601 through 1620.1, as amended;
2. Review permit applications to determine whether the proposed building sites, including the placement of manufactured homes, will be reasonable safe from flooding;
3. Review, approve or deny all applications for development permits required by this article;
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 § 4-156 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 this article;
9. When a floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zone AE as delineated on the county 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;
10. After a disaster or other type of damage occurrence to structures in the city, determine if the residential and nonresidential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement;
11. Maintain a record of all actions involving an appeal from a decision of the City Council; and
12. Maintain and hold open for public inspection all records pertaining to the provisions of this article.
1. An application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations 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.
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and
b. 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 the provisions of this article 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 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.
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