(A) General standards. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
(4) All new construction or 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;
(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
(7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(B) Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in:
(1) Section 156.03(B) of this chapter;
(2) Section 156.04(B)(8) of this chapter; or
(3) Division (C)(3) of this section, the following provisions are required.
(a) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated at least one foot above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this division (B) as proposed in § 156.04(C)(1)(a) of this chapter, is satisfied.
(b) Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated at least one foot above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood 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 develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this division (B). A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
(c) Enclosures. New construction and substantial improvements, with 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 exit 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.
1. A minimum of two openings on separate walls 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.
2. The bottom of all openings shall be no higher than one foot above grade.
3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(d) Manufactured homes.
1. Require that all manufactured homes to be placed within the SFHA on a community’s FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist 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 requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
2. a. Require that manufactured homes that are placed or substantially improved within Zones A, A1-30, AH and AE on the community’s FIRM on sites:
i. Outside of a manufactured home park or subdivision;
ii. In a new manufactured home park or subdivision;
iii. In an expansion to an existing manufactured home park or subdivision; or
iv. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the bottom of the I-beam 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 to resist flotation, collapse, and lateral movement.
b. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. The home shall be installed by a licensed installer according to state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
3. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A, A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of this division (B)(3)(d) of this section be elevated on a permanent foundation such that the bottom of the I-beam 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 to resist flotation, collapse, and lateral movement.
(e) Recreational vehicles. Require that recreational vehicles placed on sites within zones A, A1-30, AH and AE on the Hughes County FIRM either:
1. Be on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use; or
3. Meet the permit requirements of § 156.04(C) of this chapter and the elevation and anchoring requirements for “manufactured homes” in division (B)(3)(d) of this section. A recreational vehicle is ready for highway use if it 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.
(f) Accessory structure. Accessory structures to be placed on sites within Zones A and AE on the Hughes County FIRM shall comply with the following:
1. The structure shall be used only for parking and limited storage;
2. The structure shall not be used for human habitation. Prohibited activities or uses include, but are not limited to, working, sleeping, living, cooking or restroom use;
3. The structure shall be unfinished on the interior;
4. Structures shall be small in size, not exceed 600 square feet in size;
5. Structures exceeding 600 square feet in size will be required to meet all applicable standards of §§ 156.03(C), 156.04(C) of this chapter, and divisions (A) and (B) of this section including relevant divisions;
6. Service facilities such as electrical and heating equipment must be elevated to or above the BFE plus one foot freeboard;
7. The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
8. The structure shall be considered low in value, designed to have low flood damage potential and constructed with flood resistance materials;
9. The structure shall be firmly anchored to prevent flotation, collapse and lateral movement;
10. Floodway requirements must be met in the construction of the structure;
11. Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE; and be placed on opposing walls with the net area of not less than one square inch for every square foot of the size of the footprint of the structure (flood vents);
12. The openings (flood vents) shall be located no higher than one foot above grade; and
13. The openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(C) Standards for subdivision proposals.
(1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with § 156.01(B), (C) and (D) of this chapter.
(2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of §§ 156.03(C); 156.04(C) of this chapter; and the provisions of this section.
(3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to §§ 156.03(B) or 156.04(B)(8) of this chapter.
(4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(D) Severability. If any section, clause, sentence or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.
(E) Fee schedule. The City Council establishes the following fee schedule not to exceed $500 for any one service:
(1) Notice of intent fee. Twenty-five dollar maximum;
(2) Floodplain development permit application review. One hundred dollars;
(3) Floodplain development permit fee. Twenty five dollars;
(4) Inspection fee; per inspection. Twenty five dollars; and
(5) Variance request filing fee. Twenty five dollars.
(F) Certification of adoption. It is hereby found and declared by the city that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program, and in order to effectively remedy the situation described herein, an emergency is hereby declared to exist, and this chapter, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect and after its passage and approval.
(Prior Code, § 12-1-5) (Ord. 854, passed 2-21-2017)