§ 151.03 DEVELOPMENT PERMIT APPLICATIONS REVIEW.

   The City Administrator shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.

(2000 Code, § 9-803)

§ 151.04 ALL APPLICATIONS REVIEW.

   The City Administrator, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) will:

   (A)   Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a flood insurance study and require, within special flood hazard areas on the official map, that the following performance standards be met.

      (1)   Until a floodway has been designated, no development or substantial improvement may be permitted within the identified floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated, developments or substantial improvements, will not increase the water surface elevation of the 100-year flood more than one foot at any location.

      (2)   Residential construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation.

      (3)   Nonresidential construction - New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including the basement, elevated at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such level the structure 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. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the City Administrator.

      (4)   Require for all new construction and substantial improvements - 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 existence 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 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. The bottom of all openings shall be no higher than one 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 floodwaters.

   (B)   Require the use of construction materials that are resistant to flood damage;

   (C)   Require the use of construction methods and practices that will minimize flood damage;

   (D)   Require that new structures be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic loads, including the effects of buoyancy;

   (E)   New structures 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;

   (F)   Assure that all manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Manufactured homes must be anchored in accordance with state laws, local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met.

      (1)   Over-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at the intermediate locations. Manufactured homes less than 50 feet long shall require only one additional tie per side.

      (2)   Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side.

      (3)   All components of the anchoring system be capable of carrying a force of 4,800 pounds.

      (4)   Any additions to manufactured homes be similarly anchored.

   (G)   Assure that all manufactured homes that are placed or substantially improved within special flood hazard areas on the community’s official map on sites:

      (1)   Outside of a manufactured home park or subdivision;

      (2)   In a new manufactured home park or subdivision;

      (3)   In an expansion to an existing manufactured home park or subdivision; or

      (4)   In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood, be elevated on a permanent foundation so that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of § 151.07.

   (H)   Assure that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within specific flood hazard areas on the community’s official map that are not subject to the provisions of division (G) above be elevated so that either:

      (1)   The lowest floor of the manufactured home is at least one foot above the base flood elevation; or

      (2)   The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of § 151.07.

   (I)   Require that recreational vehicles placed on sites within the identified special flood hazard areas on the community’s official map either: be on the site for fewer than 180 consecutive days; be fully licensed and ready for highway use; or meet the permit requirements and the elevation and anchoring requirements for “manufactured homes” of this chapter. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only for quick disconnect type utilities and security devices and has no permanently attached additions.

(2000 Code, § 9-804)

§ 151.05 SUBDIVISION APPLICATIONS.

   The City Council shall review all subdivision applications and other proposed new developments (including manufactured home parks or subdivisions) and shall make findings of fact and assure that:

   (A)   All such proposed developments are consistent with the need to minimize flood damage;

   (B)   Subdivision proposals and other proposed new developments (including proposals for manufactured home parks and subdivisions), greater than five acres or 50 lots, whichever is less, include within such proposals regulatory flood elevations data in special flood hazard areas;

   (C)   Adequate drainage is provided so as to reduce exposure to flood hazards; and

   (D)   All public utilities and facilities are located so as to minimize or eliminate flood damage.

(2000 Code, § 9-805)

§ 151.06 WATER AND SEWAGE SYSTEMS.

   New and replacement water and sewage systems shall be constructed to eliminate or minimize infiltration by, or discharge into, floodwaters. Moreover, on-site waste disposal systems shall be designed to avoid impairment or contamination during flooding.

(2000 Code, § 9-806)

§ 151.07 STORAGE OF MATERIAL AND EQUIPMENT.

   The storage or processing of materials that are, in time of flood, buoyant, flammable, explosive or could be injurious to human, animal or plant life, is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(2000 Code, § 9-807)

§ 151.08 FLOOD-CARRYING CAPACITY WITHIN ANY WATERCOURSE.

   The City Council will insure that the flood-carrying capacity within the altered or relocated portion of any watercourse, if maintained. The city will notify, in rivering situations, adjacent communities and the State Coordinating Office (State Natural Resources Commission) prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA). Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Disaster Protection Act of 1983, being 42 U.S.C. §§ 4001 et seq.

(2000 Code, § 9-808)

§ 151.09 VARIANCE PROCEDURES.

   (A)   The Board of Adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

   (B)   The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration of this chapter.

   (C)   Any person aggrieved by the decision of the Board of Adjustments, or any taxpayer, may appeal such decision to the District Court as provided in Neb. RS 19-912.

   (D)   In passing upon such applications, the Board of Adjustments shall consider all technical evaluation, all relevant factors, and standards specified in other sections of this chapter, and:

      (1)   The danger that materials may be swept into other lands to the injury of others;

      (2)   The danger to life and property due to flooding or erosion damage;

      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

      (4)   The importance of the services provided by the proposed facility to the community;

      (5)   The necessity to the facility of a waterfront location, where applicable;

      (6)   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

      (7)   The compatibility of the proposed use with existing and anticipated development;

      (8)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; and

      (9)   The safety of access to the property in times of flood for ordinary and emergency vehicles:

         (a)   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; and

         (b)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(2000 Code, § 9-809)