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§ 151.27 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
   (A)   The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this chapter. The Administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose.
   (B)   Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
      (1)   Review all floodplain development permits to assure that the permit requirements of this chapter have been satisfied;
      (2)   Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations;
      (3)   Ensure that construction authorization has been granted by the State Department of Natural Resources for all development projects subject to §§ 151.44 and 151.46(A), and maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment);
      (4)   (a)   Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit.
         (b)   Copies of such permits or authorizations are to be maintained on file with the floodplain development permit;
      (5)   Maintain and track permit records involving additions and improvements to residences located in the floodway;
      (6)   Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA;
      (7)   Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and as-built elevation and floodproofing data for all buildings constructed subject to this chapter;
      (8)   Utilize and enforce all letters of map change (LOMC) or physical map revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
      (9)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
      (10)   Review certified plans and specifications for compliance;
      (11)   Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 151.26;
      (12)   Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with § 151.26;
      (13)   Stop-work orders:
         (a)   Upon notice from the Floodplain Administrator, work on any building, structure, or premises that is being done contrary to the provisions of this chapter shall immediately cease; and
         (b)   Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
      (14)   (a)   The Floodplain Administrator may revoke a permit or approval, issued under the provisions of this chapter, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based; and
         (b)   The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.
(Ord. 2016-11, passed 8-9-2016)
FLOOD HAZARD REDUCTION
§ 151.40 GENERAL STANDARDS.
   In all SFHAs and known flood prone areas, the following provisions are required.
   (A)   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
   (B)   Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
   (C)   New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
   (D)   New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
   (E)   Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
   (F)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
   (G)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
   (H)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
   (I)   Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this chapter shall meet the requirements of new construction as contained in this chapter.
(Ord. 2016-11, passed 8-9-2016) Penalty, see § 151.99
§ 151.41 SPECIFIC STANDARDS.
   In all SFHAs, the following provisions are required.
   (A)   Flood damage protection below the FPG. In addition to the requirements of § 151.40, all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
      (1)   Construction or placement of any structure having a floor area greater than 400 square feet;
      (2)   Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land);
      (3)   Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred;
      (4)   Installing a travel trailer or recreational vehicle on a site for more than 180 days;
      (5)   Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage;
      (6)   Reconstruction or repairs made to a repetitive loss structure; and
      (7)   Addition or improvement made to any existing structure with a previous addition or improvement constructed since the community’s first floodplain ordinance.
   (B)   Residential structures. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of division (D) below.
   (C)   Nonresidential structures. New construction or substantial improvement of any commercial, industrial, or nonresidential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of division (D) below. Structures located in all A Zones may be floodproofed in lieu of being elevated if done in accordance with the following.
      (1)   A registered professional engineer or architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the Floodplain Administrator as set forth in § 151.27(B)(12).
      (2)   Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
   (D)   Elevated structures.
      (1)   New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG.
      (2)   Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must meet the following minimum criteria:
         (a)   Provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area);
         (b)   The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher;
         (c)   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;
         (d)   Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator);
         (e)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms; and
         (f)   The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
   (E)   Structures constructed on fill. A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following.
      (1)   The fill shall be placed in layers no greater than one-foot deep before compacting to 95% of the maximum density obtainable with either the standard or modified proctor test method. The results of the test showing compliance shall be retained in the permit file.
      (2)   The fill shall extend ten feet beyond the foundation of the structure before sloping below the BFE.
      (3)   The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical.
      (4)   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
      (5)   The top of the lowest floor including basements shall be at or above the FPG.
   (F)   Standards for manufactured homes and recreational vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements.
      (1)   These requirements apply to all manufactured homes to be placed on a site outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood.
         (a)   The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
         (b)   Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in division (D) above.
         (c)   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
      (2)   These requirements apply to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.
         (a)   The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
         (b)   Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in division (D) above.
         (c)   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
      (3)   Recreational vehicles placed on a site shall either:
         (a)   Be on site for less than 180 days;
         (b)   Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
         (c)   Meet the requirements for manufactured homes as stated earlier in this section.
   (G)   Accessory structures.
      (1)   Relief to the elevation or dry floodproofing standards may be granted for accessory structures.
      (2)   Such structures must meet the following standards:
         (a)   Shall not be used for human habitation;
         (b)   Shall be constructed of flood resistant materials;
         (c)   Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
         (d)   Shall be firmly anchored to prevent flotation;
         (e)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG; and
         (f)   Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in division (D) above.
   (H)   Aboveground gas or liquid storage tanks. All aboveground gas or liquid storage tanks shall be anchored to prevent:
      (1)   Flotation; or
      (2)   Lateral movement.
(Ord. 2016-11, passed 8-9-2016) Penalty, see § 151.99
§ 151.42 STANDARDS FOR SUBDIVISION PROPOSALS.
   (A)   All subdivision proposals shall be consistent with the need to minimize flood damage.
   (B)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
   (C)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
   (D)   Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres.
   (E)   All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.
   (F)   All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).
(Ord. 2016-11, passed 8-9-2016) Penalty, see § 151.99
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