(A) Statutory authorization. The legislature of the state has in 82 O.S. §§ 1601 through 1618, as amended, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council hereby adopts this chapter, to become effective immediately.
(B) Findings of fact.
(1) The flood hazard areas of the city are subject to periodic inundation, which could result in loss of life and property, creates health and safety hazards, may disrupt commerce and governmental services, and results in extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are primarily created by the cumulative effect of backwater in the East Cache Creek watershed. The flooding from backwater normally is the result of unusual rains in the upper Cache Creek watershed, which causes an increase in lake levels at Lake Ellsworth and Lake Lawtonka. During unusual rain events, the City of Lawton is required to open flood gates at both lakes to assure the integrity of the lakes which, from time to time, results in flooding downstream in the Walters area. Areas inside the city limits are in the floodplain and have residential and nonresidential structures that are either abandoned or still occupied and existed prior to floodplain management practices by the state and the city. These structures were inadequately elevated, floodproofed, or otherwise protected from flood damage.
(C) Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare 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 expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in the floodplain;
(6) Providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
(7) Ensure that potential buyers are notified that property is in a floodplain area.
(D) Methods of reducing flood losses. In order to accomplish these purposes, this chapter shall use the following methods:
(1) Restrict or prohibit construction and development in the floodplain that are dangerous to health, safety, or property in times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging, and other development which may increase flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
(Prior Code, § 152.01) (Ord. 12-1692, passed 6-5-2012)