(A) Statutory authorization. The State Legislature of the State of South Dakota has, in SDCL §§ 7-18-14 and 7-18-15, delegated the responsibility of local governmental units to adopt regulations designed to promote the public health, safety, and welfare of its citizenry, by minimizing flood losses. Therefore, the Board of County Commissioners of Lawrence County, South Dakota does ordain as follows: “Lawrence County elects to comply with the requirements of the National Flood Insurance Act of 1968 (Pub. Law No. 90-488, as amended). The National Flood Insurance Program (NFIP), is a voluntary program administered by the Federal Emergency Management Agency (FEMA), a component of the U.S. Department of Homeland Security, and Lawrence County's community officials have elected to join the program. participate and enforce this Flood Damage Prevention section and the requirements and regulations of the NFIP. NFIP, established in the aforesaid act, provides that areas of Lawrence County having a special flood hazard be identified and that floodplain management measures be applied in such flood hazard areas. Furthermore, Lawrence County may elect to administer this section to areas not identified as special flood hazard areas (SFHAs) by FEMA on the community's effective Flood Insurance Rate Map (FIRM), if the community has documentation to support that there is an inherent risk of flooding in such areas.
(B) Findings of fact.
(1) The flood hazard areas of Lawrence County are subject to periodic inundation by floodwaters which results in potential loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare of the inhabitants of Lawrence County.
(2) These potential flood losses are caused by:
(a) The cumulative effect of obstructions in floodplains that are known to cause increases in flood heights and velocities;
(b) The occupancy of flood hazard areas by structures vulnerable to floods because they are inadequately elevated or otherwise unprotected from flood damages; and
(c) Uses deemed unsuitable for floodplain areas or that do not account for the increased flood risk.
(C) Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare of the community and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize damage to public infrastructure, including but not limited to, utilities, streets and bridges that are susceptible to flooding;
(3) Minimize prolonged business interruptions caused by flooding;
(4) Minimize public expenditures on flood control projects;
(5) Minimize the need for rescue and relief efforts associated with flooding and are generally undertaken at the expense of the public;
(6) Protect and safeguard the welfare and safety of first responders should an emergency response be needed;
(7) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
(8) Promote that potential buyers are notified if properties are in a flood area.
(D) Methods or reducing flood losses. To accomplish the purposes outlined in this section applies following methods:
(1) Restricts or prohibits land uses that are dangerous to health, safety, or property in times of flooding, or causes excessive increases in flood heights or velocities;
(2) Requires that land uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(3) Controls the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
(4) Controls filling, grading, dredging, and other development which may increase flood damage; and
(5) Prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(E) General provisions.
(1) Lands to which this section applies. The section shall apply to all areas of special flood hazard identified by FEMA within the jurisdiction of the county.
(2) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for Lawrence County”, dated April 17, 2012, with accompanying Flood Insurance Rate Maps (FIRM), and any revisions thereto are hereby automatically adopted by reference and declared to be a part of this section.
(3) Establishment of development permit. A floodplain development permit shall be required to ensure conformance with the provisions of this section.
(4) Compliance. No structures or developments including buildings, recreation vehicles or manufactured homes or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this section and other applicable regulations.
(5) Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(6) Interpretation. In the interpretation and application of this section, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(7) Warning and disclaimer or liability.
(a) The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes.
(b) This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(8) Severability. If any section, provision, or portion of this section is adjudged unconstitutional or invalid by a court, the remainder of this section shall not be affected.
(9) Stop work order.
(a) Authority. Whenever the Floodplain Administrator or other community official discovers any work or activity regulated by this section being performed in a manner contrary to the provisions of this section, the Floodplain Administrator is authorized to issue a stop work order.
(b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(c) Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by local or state law including but not limited to the penalties outlined in this section.
(10) Penalties for non-compliance.
(a) In accordance with Section 59.2(b) of CFR 44, Chapter 1, of the NFIP regulation, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of Section 60. "These regulations must include effective enforcement provisions." In accordance with Section 60.1(b) of CFR 44, Chapter 1, of the NFIP regulations, "These regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone (i.e. mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances, or codes."
(b) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days, or both, for each violation assessed daily, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Lawrence County from taking such other lawful action as is necessary to prevent or remedy any violation.
(F) Administration.
(1) Designation of the Floodplain Administrator. The Lawrence County Planning and Zoning Director is hereby appointed the Floodplain Administrator to administer and implement the provisions of this section and other appropriate sections of 44 C.F.R. (National Flood Insurance Program Regulations) pertaining to floodplain management.
(2) Duties and responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(a) Uphold goals of the community and the NFIP to reduce risk when possible and increase the community's resistance to future disasters;
(b) Maintain and hold open for public inspection all records pertaining to the provisions of this section, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any floodproofing certificates, including the data supporting such certificates;
(c) Maintain and hold open for public inspection maps that identify and locate the boundaries of the special flood hazard areas to which this section applies, including, but not limited to, the FIRM.
(d) Review development proposals to determine whether proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding;
(e) Review, approve, or deny all applications for development permits required by adoption of this section;
(f) Ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required;
(g) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
(h) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the State Office of Emergency Management, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;
(i) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (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;
(j) When base flood elevation (BFE) data has not been provided by FEMA the Floodplain Administrator shall obtain, review, and reasonably utilize BFE data and floodway data available from a federal, state, or other source, including data provided by the applicant, in order to administer the provisions of this section;
(k) When a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AE on the community’s FIRM, unless it is demonstrated 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 foot at any point within the community;
(l) Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones AE on the community’s FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision); and
(m) If the project is determined or reasonably believed to cause an adverse effect on the BFE's, boundaries of the floodplain or any insurable structures, technical justification for the proposed development shall be submitted and the community may require a CLOMR or LOMR to be submitted prior to permit approval or as a requirement of the permit.
(3) Requirements to submit new technical data.
(a) The property owner or developer shall notify FEMA by submittal of a LOMR within six months of project completion when an applicant had obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.
(b) The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.
(c) The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgment Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this section and all applicable state federal, and local laws.
(4) Permit procedures.
(a) Application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to:
1. Plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing, and proposed structures, including the placement of manufactured homes
2. Location of the foregoing in relation to areas of special flood hazard;
3. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
4. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
5. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure (if applicble) shall meet the floodproofing criteria of this section and the NFIP regulations;
6. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development, if applicable;
7. At the community's discretion, the community may charge a fee for issuance of floodplain development permits; and
8. Copies of all floodplain development permits and the associated documents shall become property of the community and a permanent record.
(b) Approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this section and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed use with existing and anticipated development;
5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;
7. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
10. The relationship of the proposed use to the Comprehensive Plan for that area.
(5) Use of elevation certificates. Lawrence County requires that the following elevation certificates be completed for any new residential or non-residential building construction:
(a) Proposed conditions. A proposed conditions elevation certificate is required to be completed by a professional and licensed engineer, surveyor, or architect as part of the floodplain permit package.
(b) Building under construction. A building under construction elevation certificate is required to be completed by a professional and licensed engineer, surveyor, or architect at _________________(timing determined by community but suggested after foundation has been poured).
(c) Finished construction. A finished construction elevation certificate is required to be completed by a professional and licensed engineer, surveyor, or architect once the structure is completed, utilities are installed, and grading and landscaping has been completed.
(6) Variance procedures. The County Commission acting as the Board of Adjustment, as established by state law, as established by the community shall hear and render judgment on requests for variances from the requirements of this section after a floodplain permit has been denied.
(a) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction.
(b) The Board of Adjustment, as established by the community, shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement of administration of this section.
(c) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency and the State Office of Emergency Management upon issuing a variance.
(d) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots, with existing structures constructed below the base flood level, providing the relevant factors in this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(e) Upon consideration of the factors noted above and the intent of this section, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this section.
(f) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(g) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. The term SUBSTANTIAL IMPROVEMENT does not include any alteration of a structure or facility listed on the National Register of Historical Places or a State Inventory of Historical Places.
(h) Prerequisites for granting variances:
1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; variances shall only be issued upon:
a. Showing a good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, considers the need of ingress and egress during time of flood and does not jeopardize first responders' health and welfare.
2. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
3. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
4. The criteria outlined in this section are met; and
5. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(7) Watercourse alterations.
(a) No alteration to a channel, river, stream, drainage way, or other watercourse shall diminish the flood-carrying capacity of that watercourse. The altered or relocated watercourse shall have the same or greater capacity as the original watercourse.
(b) All proposals for a watercourse alteration require submittal of a floodplain development permit. The applicant shall submit a set of plans and calculations prepared by a registered professional engineer of the proposed alteration and its effect on flows. An applicant shall provide the following information. Additional information may be submit and requested:
1. Topographic map of the project area;
2. A comparison of the existing and proposed channel capacity, including engineering calculations prepared by a registered professional engineer;
3. A description of the proposed alteration extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
4. Land use of adjacent properties;
5. Description of any obstructions;
6. Dimensions, specifications, and locations of any structures (bridges, culverts, water crossing, dams, dikes, levees, detention basins, etc.);
7. Photos of the area.
(c) Prior to approval of the floodplain development permit, the applicant shall:
1. Submit an application and obtain a CLOMR from FEMA;
2. Notify adjacent communities, property owners and the and the State Coordinating Agency, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Floodplain Administrator and to FEMA;
3. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.
(G) Provisions for flood hazard reduction.
(1) General standards. In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements.
(a) 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.
(b) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(c) All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
(d) 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.
(e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(f) 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.
(g) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(2) Specific standards. In all areas of special flood hazards where base flood elevation data has been provided, 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 to 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 standards of this section are satisfied.
(b) Non-residential construction. New construction and substantial improvements of any commercial, industrial, or other non-residential structure shall either have the lowest floor (including basement) elevated to one foot above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level of 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 (G)(2)(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) Non-residential construction wet floodproofing.
1. New construction and substantial improvements of any commercial, industrial, or other non-residential structure including but not limited to detached garages, agricultural buildings, and storage buildings may be allowed to be wet floodproof provided that:
a. The structure is strictly a non-residential structure used for building access, parking or storage only;
b. The structure is an accessory or appurtenant structure of low value;
c. Designed to allow for the automatic entry and exit of flood waters through the use of openings;
d. Be constructed of flood resistant materials;
e. Be properly anchored to resist flotation, collapse, and lateral movement;
f. Mechanical and utility equipment must be elevated or floodproofed to or above the BFE;
g. Must comply with the floodway encroachment provisions of the NFIP and this section;
h. Designed and built to adhere to FEMA Technical Bulletins 1, 2, and 7.
2. 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 division (G)(2)(c). A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. If the use or occupancy of the building changes in the future to residential, then the wet floodproofing of the structure cannot be used when determining compliance of the structure to the residential construction of this section. As such, the building will not be grandfathered into compliance and will be required to be brought into compliance with the residential construction of this section.
(d) Enclosures.
1. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are to be used solely for parking of vehicles, building access, or storage in an area other than a basement and 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:
a. 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;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
2. The development and construction of the structure must conform with the provision in FEMA/Federal Insurance Administration (FIA)-Technical Bulletins 1 and 2. Certification and documentation from a professional, licensed engineer or architect is required if the structure's lowest floor is built below the BFE.
(e) Crawlspace.
1. New construction and substantial improvements built on a crawlspace or sub-grade (below grade) crawlspace may be permitted if the development is designed and meets or exceeds the standards found in FEMA's Technical Bulletins 1, 2, and 11, which include but are not limited to the following.
2. The structure must be affixed to a permanent foundation, designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.
a. The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the LAG.
b. The crawlspace enclosure must have proper openings that allow equalization of hydrostatic pressure by allowing automatic entry and exit of floodwaters. To achieve this, a minimum of one square inch of flood opening is required per one square foot of the enclosed area subject to flooding.
c. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, piers, or other materials that extend below the BFE. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.
d. Any building utility systems within the crawlspace must be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
e. The interior grade of a crawlspace below the BFE must not be more than two feet below the LAG.
f. The height of the below-grade crawlspace, measured from the lowest interior grade of the crawlspace floor to the bottom of the floor joist of the next higher floor cannot exceed four feet at any point.
g. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.
h. Buildings with below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the LAG.
(f) Manufactured homes.
1. Require that all manufactured homes to be placed within Zone A on a community’s FHBM or FIRM shall be installed using methods and practices which 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. Require that manufactured homes that are placed or substantially improved within Zone AE on the community’s FIRM on sites: outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or 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 lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
3. All AE Zones require that manufactured homes to be placed or substantially improved in an existing manufactured home park to be elevated so that the lowest floor is at or above the base flood elevation; or the chassis is supported by reinforced piers no less than 36 inches in height above grade and securely anchored.
(g) Recreational vehicles. Require that recreational vehicles placed on sites within Zone AE on the community’s FIRM either:
1. Be on the site for fewer than 180 consecutive days unless the community has elected a higher standard option and be fully licensed and ready for highway use;
a. 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; or
2. Meet the permit requirements of division (F)(3) above, and the elevation and anchoring requirements for manufactured homes 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.
(3) Standards for subdivision proposals.
(a) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with the provisions of this section.
(b) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(c) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet development permit requirements of this section.
(d) 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 less.
(e) 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.
(4) Floodways. Floodways located within areas of special flood hazard are extremely hazardous areas due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions shall apply:
(a) Designate a regulatory floodway which will not increase the base flood level more than one foot;
(b) Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase greater than 0.00 feet, unless higher standard option selected, in flood levels within the community during the occurrence of the base flood discharge;
(c) All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this division (G); and
(d) Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.
(5) Certification. It is hereby found and declared by the county 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, it is necessary that this section become effective immediately.
(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 13; Ord. 19-01, passed 4-9-2019)