(A) (1) The purpose of the Flood Management Overlay District is to minimize public and private losses due to flood conditions in specific areas along flood prone areas designated by the Federal Emergency Management Agency and the Federal Insurance Administration.
(2) The requirements of this chapter must be met in addition to those of the underlying zone district.
(B) The areas of special flood hazard are identified on the flood insurance rate maps. The flood hazard area includes land within the 100-year floodplain.
(C) The creation of this district does not imply that all areas outside of the Overlay District will always be safe from flooding. Therefore, the establishment of this district shall not create liability on the part of the town, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made thereunder.
(D) All uses permitted in the “FP” District are subject to special construction requirements, and the applicant shall demonstrate that the proposed development will not increase the risk of flooding or flood damage for properties upstream or downstream of the site.
(E) A compliance permit shall be obtained from the Council before construction or development begins within the “FP” District. The compliance permit application shall include information necessary to gauge the effect of the proposed development on floodplain management, including a report by a state-licensed professional engineer indicating the base flood height at the proposed location and conformance of the project with the standards of the “FP” District.
(F) In all areas of special flood hazards, compliance with the following general standards is required.
(1) Anchoring shall be required for all structures in accordance with the following.
(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b) All manufactured homes must be anchored to prevent flotation, collapse or lateral movement of the structure and shall be installed using methods and practices that minimize flood damage. Anchoring methods include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(2) Construction materials and methods shall conform to the following standards.
(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(3) Utilities shall conform to the following standards.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
(c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) Subdivision proposals shall conform to the following standards.
(a) All subdivision proposals shall be designed and constructed 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 damage.
(G) In all areas of the “FP” District, compliance with the following specific standards is required.
(1) Residential construction shall conform to the following standards.
(a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a level equal to or greater than one foot above base flood elevation.
(b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall be certified by a registered professional engineer or architect.
(2) New construction and substantial improvement of any non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
(a) Be flood proofed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(c) Be certified by a state-licensed professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this division (G) based on their development and/or review of the structural design, specifications and plans; and
(d) Non-residential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in subsection (H)(1)(b) of this section.
(H) All manufactured homes to be placed or substantially improved in the “FP” District shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system.
(Ord. 294, passed 3-25-2014) Penalty, see § 152.999