11-1-6: APPLICATION AND INTERPRETATION OF PROVISIONS:

   A.   Lands To Which This Chapter Applies: This chapter shall apply to all areas of special flood hazard within the jurisdiction of the town of Guernsey.

   B.   Basis For Establishing Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal emergency management agency in its flood hazard boundary map (FHBM), dated November 12, 1976, or current revision, is adopted by reference and declared to be part of this chapter. The FHBM is on file at state of Wyoming emergency management office.

   C.   Compliance: No structure or land shall hereafter be constructed, located, extended, or altered without full compliance with the terms of this chapter and other applicable regulations.

   D.   Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

   E.   Interpretation: In the interpretation of this chapter, all provisions shall be:

      1.   Considered as 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. (Ord. 89-03-30/4, 5-1-1989)

11-1-7: ADMINISTRATION:

   A.   Administrative Authority: The town clerk-treasurer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

   B.   Duties And Responsibilities Of Town Clerk-Treasurer: Duties of the town clerk-treasurer shall include, but not be limited to:

      1.   Permit Review:

         a.   Review all development permits to determine that the permit requirements of this chapter have been satisfied.

         b.   Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

         c.   Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this chapter, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.

            (1)   If it is determined that there is no adverse effect and the development is not a building, then the permit shall be granted without further consideration. (Ord. 89-03-30/4, 5-1-1989)

            (2)   If it is determined that there is an adverse effect, then technical justification (i.e., certification by a registered professional engineer in the state of Wyoming) for the proposed development shall be required. (Ord. 09-24-013, 10-1-2013)

            (3)   If the proposed development is a building, then the provisions of this chapter shall apply.

      2.   Use Of Other Base Flood Data: When base flood elevation data has not been provided in subsection 11-1-6B of this chapter, the town clerk-treasurer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring that new construction, substantial improvements, or other development in zone A are administered in accordance with subsection 11-1-9B of this chapter.

      3.   Information To Be Obtained And Maintained:

         a.   Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

         b.   For all new or substantially improved floodproofed structures:

            (1)   Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed.

            (2)   Maintain the floodproofing certifications required in subsection 11-1-8B3 of this chapter.

      4.   Alteration Of Watercourses:

         a.   Notify adjacent communities and the EMO prior to any alteration or relocation of a watercourse, and submit any evidence of such notification to the federal emergency management agency.

         b.   Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

      5.   Interpretation Of FHBM Boundaries: Make interpretations, where needed, as to the exact location of the 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). (Ord. 89-03-30/4, 5-1-1989)

11-1-8: DEVELOPMENT PERMIT:

   A.   Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 11-1-6B of this chapter.

   B.   Application: Application for a development permit shall be made on forms furnished by the town clerk-treasurer and may include, but not be limited to, 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. Specifically, the following information is required:

      1.   Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

      2.   Elevation, in relation to mean sea level, to which any structure has been floodproofed; (Ord. 89-03-30/4, 5-1-1989)

      3.   Certification by a registered professional engineer or architect in the state of Wyoming that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 11-1-9B of this chapter; and (Ord. 09-25-013, 10-1-2013)

      4.   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 89-03-30/4, 5-1-1989)

11-1-9: PROVISIONS FOR FLOOD HAZARD REDUCTION:

   A.   General Standards: In all areas of special flood hazard, the following standards are required:

      1.   Anchoring:

         a.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

         b.   All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements may be:

            (1)   Over the top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty feet (50') long requiring one additional tie per side;

            (2)   Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty feet (50') long requiring four (4) additional ties per side;

            (3)   All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

            (4)   Any additions to the manufactured home be similarly anchored.

      2.   Construction Materials And Methods:

         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.   All new construction and substantial improvements shall 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.

      3.   Utilities:

         a.   All new replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

         b.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

         c.   On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

      4.   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 damage; and

         d.   Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less.

      5.   Encroachments: Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

   B.   Specific Standards: In all areas of special flood hazard where base flood evaluation data has been provided as set forth in subsection 11-1-9B2 of this chapter, the following standards are required:

      1.   Residential Construction: New construction and substantial improvements of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation.

      2.   Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential 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 floodproofed so that below the base flood elevation 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; and (Ord. 89-03-30/4, 5-1-1989)

         c.   Be certified by a registered professional engineer or architect in the state of Wyoming that the design and methods of construction are in accordance with accepted standard of practice for meeting the provisions of this section. Such certifications shall be provided to the official as set forth in subsection 11-1-7B3b of this chapter. (Ord. 09-26-013, 10-1-2013)

11-1-10: WARNING AND DISCLAIMER OF LIABILITY:

The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of town of Guernsey, 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 decision lawfully made thereunder. (Ord. 89-03-30/4, 5-1-1989)