A. Designation Of The Floodplain Administrator: The City Council designates the building inspector (or designee) as Floodplain Administrator to administer and implement the regulations of this chapter and other appropriate sections of national flood insurance program regulations in title 44 CFR pertaining to floodplain management.
B. Duties And Responsibilities Of The Floodplain Administrator: The duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following:
1. Become accredited by the OWRB in accordance with 82 Oklahoma Statutes sections 1601 through 1618, as amended.
2. Reviews permit applications to determine whether the proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
3. Review, approve or deny all applications for development permits required by the regulations of this chapter.
4. Review proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
5. Make the necessary interpretation 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).
6. Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the FEMA.
7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
8. Require developers/applicants to determine and provide the base flood elevation on two (2) FEMA elevation certificates, one preconstruction and one postconstruction, as well as other data as required in order to administer the provisions of section 10-14-3 of this chapter.
9. When a floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) is permitted within Zone AE as delineated on the Mayes County 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 (1') at any point within the City.
10. After a disaster or other type of damage occurrence to structures, determine if the residential and nonresidential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement.
11. Maintain a record of all actions involving an appeal from a decision of the City Council.
12. Maintain and hold open for public inspection all records pertaining to the provisions of the regulations of this chapter.
C. Permit Procedures:
1. An application for a development permit must be submitted to the Floodplain Administrator on forms furnished by the Floodplain Administrator and may include, but not be limited to, 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, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and
b. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
2. Approval or denial of a development permit by the Floodplain Administrator must be based on all regulations of this chapter 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, 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; and
j. The relationship of the proposed use to the comprehensive plan for that area.
3. The Floodplain Administrator or City Council, as applicable, may approve certain development in Zones A or AE delineated on the Mayes County FIRM that increases the water surface elevation of the base flood by more than one foot (1'), provided that the applicant for the development permit in that case first complies with 44 CFR section 65.12.
D. Variances:
1. General Provisions:
a. The Floodplain Board is authorized to grant variances for uses that do not satisfy the requirements of the Oklahoma Floodplain Management Act or the regulations of this chapter, if the applicant for the variance presents adequate proof that: 1) compliance with the regulations of this chapter will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people and 2) satisfies the pertinent provisions of this section. However, no variance may be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards.
b. Any variance so granted is not to be construed as relieving any person who receives it from any liability imposed by the Oklahoma Floodplain Management Act or by other laws of the State.
c. Variances may not be effective for a period longer than twenty (20) years.
d. Any person seeking a variance must file a petition with the City Council, accompanied by a filing fee.
e. 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 base flood level, providing the relevant factors in subsection C2 of this section and provisions of this section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
f. Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the Chairman of the City Floodplain Board which states that: 1) the cost of flood insurance will be commensurate with the increased risk resulting from permitting the structure to be built lower than the base flood elevation, and 2) such construction below the base flood level increases risks to life and property.
g. At such time as the Floodplain Board deems the petition ready for notification to the public, the City Floodplain Board must schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in Mayes County at least thirty (30) days prior to the hearing.
h. The Floodplain Board must conduct the hearing and make determinations in accordance with the applicable provisions of this section. The board exercises wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance should be granted.
i. Variances may only be granted upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(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; and
(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
j. Upon consideration of the factors stated in this section and the intent of the regulations of this chapter, the Floodplain Board may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter.
k. The Floodplain Administrator must maintain a record of all variance actions, including justification for their issuance; and a copy of any variance issued by the Floodplain Board must be sent by the Floodplain Administrator to the OWRB and FEMA within fifteen (15) days after issuance of the variance.
2. Special Provisions:
a. 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 the regulations of this chapter.
b. Variances may not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
c. 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.
d. 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:
(1) The criteria of subsections D1e, D1i, D2b and D2c of this section are met, and
(2) 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.
E. Violations And Penalties: No structure or land may hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of the regulations of this chapter and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in the regulations of this chapter is presumed to be in violation until such time as that documentation is provided. Violation of the provisions of the regulations of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) constitute a misdemeanor. Any person who violates the regulations of this chapter or fails to comply with any of its requirements must upon conviction thereof be fined as provided in this Code. Nothing herein contained prevents the City Council or its City Attorney from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2018-16, 12-4-2018)