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A. Lands To Which This Chapter Applies: This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Ponca City, Oklahoma. (Ord. 6103, 7-27-2009)
B. Basis For Establishing 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 Kay County And Incorporated Areas", dated December 17, 2013, with accompanying flood insurance rate map (FIRM) are hereby adopted by reference and declared to be a part of these regulations. (Ord. 6182, 10-28-2013)
1. Establishment Of Flood Hazard Areas: The flood hazard area shall be established by the Ponca City floodplain administrator or the city engineer utilizing the base flood elevation established from one of the following:
a. The flood insurance study for the city of Ponca City, initially adopted July 2, 1980, and revised on November 18, 1988, as amended or revised with the accompanying flood insurance rate map (FIRM) and flood boundary and floodway map (FBFM) and related supporting data and any revisions thereto (effective until September 25, 2009, when superseded by subsection B1b of this section);
b. The flood insurance study for the city of Ponca City, dated September 25, 2009, as amended or revised with the accompanying flood insurance rate map (FIRM) and related supporting data and any revisions thereto;
c. Bois d' Arc tributaries stormwater master plan dated July 2009, prepared by Meshek & Associates, Inc., and related supporting data (for areas beyond the limits of detailed study in subsection B1b of this section);
d. Arkansas River tributaries stormwater master plan dated July 2009, prepared by Meshek & Associates, Inc., and related supporting data (for areas beyond the limit of detailed study in subsection B1b of this section); and
e. If available, a report submitted by the applicant at their expense prepared by a licensed professional engineer using acceptable engineering hydrology and hydraulic methods to establish a base flood elevation and subsequent flood hazard area.
2. Description Of Flood Hazard Area: The flood hazard area shall include the area above the base flood elevation to the elevation of the design flood elevation.
C. Establishment Of A Development Permit:
1. Permit Required: A development permit, as required by this chapter, shall be obtained prior to the commencement of any development, redevelopment, building, excavating, grading, regrading, paving, placement of fill, berming or diking of any property within the flood hazard area of the city. The development permit shall be required to ensure conformance with the provisions of this chapter.
2. Exemptions: A development permit shall not be required for the following activities:
a. Bona fide agricultural and farming operations which constitute the principal use of any lot or tract of ground in the city and which meet the requirements of the zoning code of the city of Ponca City;
b. Customary and incidental routine grounds maintenance, landscaping, and home gardening which does not require a zoning use exception, a zoning minor variance or a building permit, and which does not affect stormwater drainage entering or leaving any public right of way;
c. Emergency repairs, of a temporary nature, made on public or private property which are necessary for the preservation of life, health or property, and which are made under such circumstances where it would be impossible or impracticable to obtain a development permit;
d. Temporary excavation for the purpose of repairing or maintaining any public street, public utility facility or any service lines related thereto; and
e. Routine maintenance of the stormwater drainage system that does not alter the initial design capacity of an improved drainage system or does not alter the conveyance capacity of a natural channel that is in a well maintained condition.
D. Compliance: No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations.
E. 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 any other 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 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.
G. 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. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This chapter 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 chapter 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 these regulations or any administrative decision lawfully made hereunder. (Ord. 6103, 7-27-2009)