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A. Designation Of The Floodplain Administrator: The development services director of the city of Ponca City shall be the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. The floodplain administrator shall be accredited by the state of Oklahoma and shall be a certified floodplain manager (CFM) either through the state of Oklahoma or through the Association Of State Floodplain Managers (ASFPM).
B. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of these regulations.
2. Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
3. Review, approve or deny all applications for development permits required by adoption of these regulations.
4. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334) from which prior approval is required.
5. 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.
6. Notify, in riverine situations, adjacent communities and the state coordinating agency, the Oklahoma water resources board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.
7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
8. Shall obtain certified base flood elevation data from the applicant/developer to administer this chapter effectively and reduce flood damage within the community.
9. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and 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 at any point within the community.
10. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot (1'), provided that the community first complies with 44 CFR chapter 1, section 65.12.
11. Become accredited by the board in accordance with 82 Oklahoma Statutes sections 1601 through 1618, as amended.
12. After a disaster or other type of damage occurrence to structures in the city of Ponca City, Oklahoma, determine if the residential and nonresidential structures and manufactured homes located in the SFHA have been substantially damaged and enforce the substantial improvement requirement.
C. Permit Procedures:
1. General Requirements: Applications for a development permit required under this section shall be submitted to the development services department and shall be accompanied by a development site plan.
2. Permit Application: The application and development site plan shall contain all information as required in title 12, chapter 8 of this code.
3. Approval Or Denial Of Permit: Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of these regulations and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency vehicles;
f. 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;
g. 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;
h. The necessity to the facility of a waterfront location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan for that area.
D. Variance Procedures:
1. The city commission shall hear and render judgment on requests for variances from the requirements of this chapter.
2. The city commission shall hear and render judgment 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 or administration of this chapter.
3. Any person or persons aggrieved by the decision of the city commission may appeal such decision in the courts of competent jurisdiction on allegations of arbitrary, capricious or vague.
4. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the federal emergency management agency upon request.
5. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this chapter.
6. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the design flood elevation.
7. Upon consideration of the factors noted above and the intent of this chapter, 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 chapter (subsection 10-10-1C of this chapter).
8. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
9. 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.
10. Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon:
(1) Showing a good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
(3) 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, regulations or ordinances.
c. No variance shall be granted for a structure to be constructed below the base flood elevation.
11. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
a. The criteria outlined in subsections C3a through C3j of this section are met, and
b. 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.
12. Any person seeking a variance shall file a petition with the floodplain administrator, accompanied by a filing fee of one hundred dollars ($100.00).
13. A copy of any variance issued shall be sent to the OWRB within fifteen (15) days of issuance. (Ord. 6103, 7-27-2009)