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(a) Lands to which this article applies. This article shall apply to all special flood hazard areas (SFHA), areas applicable to KRS 151.250 and, as determined by the floodplain administrator or other delegated, designated, or qualified community official as determined by the City Commission of Danville from available technical studies, historical information, and other available and reliable sources, areas within the jurisdiction of the City Commission of Danville which may be subject to periodic inundation by floodwaters that can adversely affect the public health, safety, and general welfare of the citizens of Danville.
(b) Basis for establishing the special flood hazard areas. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Boyle County, dated July 4, 2011, with the accompanying Flood Insurance Rate Maps (FIRMs), other supporting data and any subsequent amendments thereto, are hereby adopted by reference and declared to be a part of these regulations by Danville, and for those land areas acquired by Danville through annexation. This FIS and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the City Commission by the floodplain administrator and are enacted by City Commission pursuant to statutes governing land use management regulations. The FIS and/or FIRM are permanent records of Danville and are on file and available for review by the public during regular business hours at Danville City Hall.
(c) Establishment of development permit.
(1) A development permit shall be required in conformance with the provision of this article prior to the commencement of any development activities in the special flood hazard areas (SFHA). See section 6.5-24(b) for instructions and explanation.
(2) Application for a development permit shall be made on forms furnished by the floodplain administrator.
(d) Compliance. No structure or land shall hereafter be constructed, located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable state regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Commission from taking such lawful action as is necessary to prevent or remedy any violation.
(e) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(f) Interpretation. In the interpretation and application of this article, all provisions shall be:
(1) Considered 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.
(g) Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the City Commission of Danville, any officer or employee, the Commonwealth of Kentucky, the Federal Insurance Administration, or the Federal Emergency Management Agency, thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
(h) Enforcement, violation notice and penalties.
(1) Civil offense. If, at any time, development occurs which is not in accordance with the provisions of this article including obtaining or complying with the terms and conditions of a floodplain construction permit and any approved modifications, such development shall constitute a civil offense.
(2) Notice of violation. If, at any time, a duly authorized employee or agent of the floodplain administrator has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this article including obtaining or complying with the terms and conditions of a floodplain construction permit and any approved modifications thereof, a duly authorized employee of the floodplain administrator shall issue a notice to the person responsible for the violation and/or the property owner, stating the facts of the offense or violation, the section of this article and/or of the permit violated, when it occurred, how the violation is to be remedied to bring the development into conformity with this article or with the approved permit, and within what period of time the remedy is to occur, which period of time shall be reasonable and shall be determined by the nature of the violation and whether or not it creates a nuisance or hazard. The remedy may include an order to stop work on the development. The notice shall also state that a citation may be forthcoming in the event that the requested remedies and corrective actions are not taken, which citation will request a civil monetary fine and shall state the maximum fine which could be imposed. See below.
(3) Notice of citation. If, at any time, a duly authorized employee or agent of the floodplain administrator has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this article including obtaining or complying with the terms and conditions of a floodplain construction permit and any approved modifications thereof, a duly authorized employee of the floodplain administrator may issue a citation to the offender stating the violation, prior notices of violation issued, how the violation is to be remedied to bring the development into conformity with this article or with the approved permit, and within what period of time the remedy is to occur, and what penalty or penalties are recommended. When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven (7) days of the date the citation is issued by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth in the citation or requesting a hearing before the governing body. If the person to whom the citation is issued does not respond to the citation within seven (7) days, that person shall be deemed to have waived the right to a hearing and the determination that a violation occurred shall be considered final.
(4) Penalties. Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with granting of a variance or special exceptions, shall constitute a misdemeanor civil offense. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined no less than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the floodplain administrator from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 1791, Art. 3, §§ A - H, 6-29-11)
(a) Designation of local administrator. The City Commission of Danville hereby appoints the assistant city engineer to administer, implement, and enforce the provisions of this article by granting or denying development permits in accordance with its provisions, and is herein referred to as the floodplain administrator.
(b) Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any special flood hazard area established in section 6.5-23(b). Application for a development permit shall be made on forms furnished by the floodplain administrator prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Endorsement of local administrator is required before a state floodplain construction permit can be processed. Specifically, the following information is required.
(1) Application stage.
a. Proposed elevation in relation to mean sea level (MSL) of the proposed lowest floor (including basement) of all structures in zone A and elevation of highest adjacent grade; or
b. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed;
c. All appropriate certifications from a registered professional engineer or architect that the non-residential floodproofed structure will meet the floodproofing criteria in section 6.5-25(b)(2) and (d)(2); and
d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2) Construction stage.
a. Upon placement of the lowest floor, and before construction continues, or floodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the floodplain administrator and to the state a certification of the elevation of the lowest floor or floodproofed elevation, as built, in relation to mean sea level. In AE, A1-30, AH, and A zones where the community has adopted a regulatory base flood elevation, said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.
b. When floodproofing is utilized for a particular structure, said certification shall be prepared by or under the direct supervision of a certified professional engineer or architect Any continued work undertaken prior to the submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the lowest floor and floodproofing elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make the corrections required hereby, shall be cause to issue a stop-work order for the project.
(c) Duties and responsibilities of the local administrator. The floodplain administrator and/or staff is hereby appointed, authorized and directed to administer, implement and enforce the provisions of this article. The floodplain administrator is further authorized to render interpretations of this article, which are consistent with its spirit and purpose, by granting or denying development permits in accordance with its provisions. The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
(1) Permit review. Review all development permits to ensure that:
a. Permit requirements of this article have been satisfied;
b. All other required state and federal permits have been obtained: review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;
c. Flood damages will be reduced in the best possible manner; and
d. The proposed development does not adversely affect the carrying capacity of affected watercourses. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point.
(2) Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with section 6.5-23(b), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer section 6.5-25. Any such information shall be submitted to the City Commission for adoption.
(3) Notification of other agencies.
a. Notify adjacent communities, the Kentucky Division of Water, and any other federal and/or state agencies with statutory or regulatory authority prior to any alteration or relocation of the watercourse;
b. Submit evidence of such notification to the Federal Insurance Administration (FIA), Federal Emergency Management Agency (FEMA); and
c. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.
(4) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
a. Certification required by section 6.5-25(b)(1) (lowest floor elevations) as shown on a completed and certified elevation certificate. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with section 6.5-24(b)(2);
b. Certification required by section 6.5-25(b)(2) (elevation or floodproofing of nonresidential structures) as shown on a completed and certified floodproofing certificate. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with section 6.5-24(b)(2);
c. Certification required by section 6.5-25(b)(3) (elevated structures);
d. Certification of elevation required by section 6.5-25(e)(1) (subdivision standards);
e. Certification required by section 6.5-25(b)(5) (floodway encroach ments);
f. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
g. Review certified plans and specifications for compliance; and
h. Remedial action. Take action to remedy violations of this article as specified in section 6.5-23(h).
(5) Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas, for example, where there appears to be a conflict between a mapped boundary and actual field conditions.
a. Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 6.5-26(3)(b);
b. When base flood elevation data or floodway data have not been provided in accordance with section 6.5-23(b), then the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of section 6.5-25;
c. When floodproofing is utilized for a particular structure, the floodplain administrator shall obtain certification from a registered professional engineer or architect, in accordance with section 6.5-25(b)(2), a floodproofing certificate;
d. All records pertaining to the provisions of this article shall be maintained in the office of the floodplain administrator and shall be open for public inspection.
(6) Right of entry.
a. Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the administrator has reasonable cause to believe that there exists in any structure or upon any premises any condition or ordinance violation which makes such building, structure or premises unsafe, dangerous or hazardous, the administrator may enter such building, structure or premises at all reasonable times to inspect the same or perform any duty imposed upon the administrator by this article.
b. If such structure or premises are occupied, he or she shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry.
c. If entry is refused, the administrator shall have recourse to every remedy provided by law to secure entry.
d. When the administrator shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the administrator for the purpose of inspection and examination pursuant to this article.
(7) Stop work orders. Upon notice from the administrator, work on any building, structure or premises that is being done contrary to the provisions of this article shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
(8) Revocation of permits.
a. The administrator may revoke a permit or approval, issued under the provisions of this article, in case 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.
b. The administrator may revoke a permit upon determination by the 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 article.
(9) Liability. Any officer, employee, or member of the floodplain administrator's staff, charged with the enforcement of this article, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer, employee, or member because of such act performed by him or her in the enforcement of any provision of this article shall be defended by the department of law until the final termination of the proceedings.
(10) Expiration of floodplain construction permit. A floodplain construction permit, and all provisions contained therein, shall expire if the holder of a floodplain construction permit has not commenced construction within one hundred and eighty (180) calendar days from the date of its issuance by the floodplain administrator.
(Ord. No. 1791, Art. 4, §§ A - C, 6-29-11)
(a) General construction standards. In all special flood hazard areas the following provisions are required:
(1) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) 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.
(3) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(4) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air condition equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if
(6) Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(7) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(9) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(10) Any alteration, repair, reconstruction, or improvements to a structure, which is not in compliance with the provisions of this article, shall meet the requirements of new construction as contained in this article.
(11) Any alteration, repair, reconstruction, or improvements to a structure, which is not in compliance with the provisions of this article, shall be undertaken only if said non-conformity is not furthered, extended, or replaced.
(b) Specific standards. In all special flood hazard areas where base flood elevation data have been provided, as set forth in section 6.5-23(b), the following provisions are required:
(1) Residential construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement, mechanical equipment, and ductwork, elevated no lower than one (1) foot 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 standards of section 6.5-25(b)(3).
a. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two (2) feet above the highest adjacent grade if no depth number is specified.
b. In an A zone, where no technical data has been produced by the Federal Emergency Management Agency, elevated one (1) foot above the base flood elevation, as determined by this community. The floodplain administrator will determine the method by which base flood elevations are determined. Methods include but are not limited to detailed hydrologic and hydraulic analyses, use of existing data available from other sources, use of historical data, best supportable and reasonable judgment in the event no data can be produced. Title 401 KAR Chapter 4, Regulation 060, states as a part of the technical requirements for a state floodplain permit: "The applicant shall provide cross sections for determining floodway boundaries (and thereby Base Flood Elevations) at any proposed construction site where FEMA maps are not available. All cross sections shall be referenced to mean sea level and shall have vertical error tolerances of no more than + five-tenths (0.5) foot. Cross sections elevations shall be taken at those points which represent significant breaks in slope and at points where hydraulic characteristics of the base floodplain change. Each cross section shall extend across the entire base floodplain and shall be in the number and at the locations specified by the cabinet. If necessary to ensure that significant flood damage will not occur, the cabinet may require additional cross sections or specific site elevations which extend beyond those needed for making routine regulatory floodway boundary calculations."
c. In all other zones, elevated one (1) foot above the base flood elevation.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspection department to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
(2) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure (including manufactured homes used for non-residential purposes) shall be elevated to conform with section 6.5-25(b)(1) or together with attendant utility and sanitary facilities:
a. Be floodproofed below an elevation one (1) foot above the level of the base flood elevation so that 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. Have the lowest floor, including basement, mechanical equipment, and ductwork, elevated no lower than one (1) foot above the level of the base flood elevation; or
d. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 6.5-24(b)(1)c.
e. Manufactured homes shall meet the standards in section 6.5-25(b)(4).
f. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be constructed of flood resistant materials below an elevation one (1) foot above the base flood elevation, and shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Opening sizes (FEMA Technical Bulletin 1-93) for meeting this requirement must meet or exceed the following minimum criteria:
1. Be certified by a registered professional engineer or architect; or
2. Have a minimum of two (2) openings with a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
(3) Elevated structures. New construction or substantial improvements of elevated structures on columns, posts, or pilings (e.g.) that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation 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.
a. Opening sizes for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
1. Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one (1) foot above foundation interior grade (which must be equal to in elevation or higher than the exterior foundation grade); and
3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
b. Access to the enclosed area shall be the minimum necessary to allow for parking of 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); and
c. The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms.
(4) Standards for manufactured homes and recreational vehicles.
a. All new or substantially improved manufactured homes placed on sites located within A, A1-30, AO, AH, and AE on the community's Flood Insurance Rate Map (FIRM) must meet all the requirements for new construction, including elevation and anchoring. Locations include:
1. On individual lots or parcels;
2. In expansions to existing manufactured home parks or subdivisions;
3. In new manufactured home parks or subdivisions;
4. In substantially improved manufactured home parks or subdivisions;
5. Outside of a manufactured home park or subdivision; or
6. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as the result of a flood.
All manufactured homes must:
1. Be elevated on a permanent foundation;
2. Have its lowest floor elevated no lower than one (1) foot above the level of the base flood elevation; and
3. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
b. Except manufactured homes that have incurred substantial damage as a result of a flood, all manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that: the manufactured home is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement, so that either:
1. The lowest floor of the manufactured home is elevated no lower than one (1) foot above the level of the base flood elevation; or
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than thirty-six (36) inches in height above the highest adjacent grade.
c. All recreational vehicles placed on sites located within A, A1-30, AO, AH, and AE on the community's Flood Insurance Rate Map (FIRM) must either:
1. Be on the site for fewer than one hundred eighty (180) consecutive days;
2. Be fully licensed and ready for highway use; or
3. Meet the permit requirements for new construction of this article, including anchoring and elevation requirements for manufactured homes.
A recreational vehicle is ready for highway use if it is licensed and insured in accordance with the State of Kentucky motor vehicle regulations, 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.
(5) Floodways. Located within areas of special flood hazard established in section 6.5-23(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and has erosion potential, the following provisions shall apply:
a. Prohibit encroachments, including fill, new construction, substantial improvements, and other developments unless certification (with supporting technical data) by a registered professional engineer is provided, demonstrating that encroachments shall not result in any increase in the base flood elevation levels during occurrence of base flood discharge.
(c) Standards for streams without established base flood elevation (unnumbered A zones) and/or floodways. Located within the special flood hazard areas established in section 6.5-23(b), where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply:
(1) No encroachments, including fill material or structures, shall be located within special flood hazard areas, unless certification by a registered professional engineer is provided demonstrating 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 (1) foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.
(2) New construction or substantial improvements of structures shall be elevated or floodproofed to elevations established in accordance with section 6.5-23(b).
(d) Standards for shallow flooding zones. Located within the special flood hazard areas established in section 6.5-23(b) are areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three feet (1 - 3'), where a clearly defined channel does not exist and the water path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures shall: have the lowest floor, including basement, elevated to or above either the base flood elevation or in zone AO the flood depth specified on the Flood Insurance Rate Map above the highest adjacent grade. In zone AO, if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above the highest adjacent grade.
(2) All new construction and substantial improvements of non-residential structures shall:
a. Have the lowest floor, including basement, elevated to or above either the base flood elevation or in zone AO the flood depth specified on the Flood Insurance Rate Map, above the highest adjacent grade. In zone AO, if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above the highest adjacent grade.
b. Together with attendant utility and sanitary facilities be completely floodproofed either to the base flood elevation or above or, in zone AO, to or above the specified flood depth plus a minimum of one (1) foot so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as stated in section 6.5-25(b)(2).
(e) Standards for subdivision proposals.
(1) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood and be consistent with the need to minimize flood damage.
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(4) In areas where base flood elevation and floodway data is not available (zone A or unmapped streams), base flood elevation and floodway data for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall be provided.
(5) All subdivision plans will include the elevation of proposed structure(s) and lowest adjacent grade. If the site is filled above the base flood elevation, the lowest floor and lowest adjacent grade elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
(f) Standards for accessory structures in all zones beginning with the letter "A." For all accessory structures in special flood hazard areas designated "A" the following provisions shall apply:
(1) Structure must be non-habitable;
(2) Must be anchored to resist flotation forces;
(3) Will require flood openings/vents no more than one (1) foot above grade; total openings are to be one (1) square inch per one (1) square foot of floor area; at least two (2) openings required on opposite walls;
(4) Built of flood resistant materials below a level one (1) foot above the base flood elevation;
(5) Must elevate utilities above the base flood elevation;
(6) Can only be used for storage or parking; and
(7) Cannot be modified for a different use after permitting.
(g) Critical facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA (100-year floodplain). Construction of new critical facilities shall not be permissible within the floodway; however, they may be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated one (1) foot or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
(Ord. No. 1791, Art. 5, §§ A - G, 6-29-11)
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