ORDINANCE 09-507
ARTICLE
I
SECTION A. STATUTORY AUTHORIZATION
The
Legislature of the State of
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Washington
Parish are subject to periodic inundation, which results in 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.
(2)
These flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities, and by
the occupancy of flood hazard areas by uses vulnerable to floods and hazardous
to other lands because they are inadequately elevated, flood-proofed or otherwise
protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It
is the purpose of this ordinance 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
floodplains;
(6)
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
(7)
Insure that potential buyers are notified that property is in a flood
area.
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SECTION D. METHODS OF REDUCING FLOOD LOSSES
In
order to accomplish its purposes, this ordinance uses the following methods:
(1)
Restrict or prohibit uses 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;
(5)
Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which
may increase flood hazards to other lands.
ARTICLE
2
DEFINITIONS
Unless
specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
ALLUVIAL FAN FLOODING -
means flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high-velocity flows;
active processes of erosion, sediment transport, and deposition; and
unpredictable flow paths.
APEX - means
a point on an alluvial fan or similar landform below which the flow path of the
major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
APPURTENANT
STRUCTURE means a structure which is on the same parcel
of property as the principal structure to be insured and the use of which is
incidental to the use of the principal structure
AREA OF SHALLOW FLOODING -
means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood
Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding
to an average depth of 1 to 3 feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and where velocity flow may
be evident. Such flooding is
characterized by ponding or sheet flow.
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AREA OF SPECIAL FLOOD HAZARD - is
the land in the floodplain within a community subject to a 1 percent or greater
chance of flooding in any given year.
The area may be designated as Zone A on the Flood Hazard Boundary Map
(FHBM). After detailed rate making has
been completed in preparation for publication of the FIRM, Zone A usually is
refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO,
AR/AH, AR/A, VO, V1-30, VE or V.
BASE FLOOD - means
the flood having a 1 percent chance of being equaled or exceeded in any given
year.
BASE FLOOD ELEVATION
The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the
accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR,
V1-V30, or VE that indicates the water surface elevation resulting from the
flood that has a 1% chance of equaling or exceeding that level in any given
year also called the Base Flood.
BASEMENT - means
any area of the building having its floor subgrade (below ground level) on all
sides.
BREAKAWAY
WALL means a wall that is not part of the
structural support of the building and is intended through its design and
construction to collapse under specific lateral loading forces, without causing
damage to the elevated portion of the building or supporting foundation system.
CRITICAL FEATURE - means
an integral and readily identifiable part of a flood protection system, without
which the flood protection provided by the entire system would be compromised.
DEVELOPMENT - means
any man-made change to improved and unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING means,
for insurance purposes, a non-basement building, which has its lowest elevated
floor, raised above ground level by foundation walls, shear walls, posts,
piers, pilings, or columns.
EXISTING CONSTRUCTION - means
for the purposes of determining rates, structures for which the "start of
construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be
referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION - means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED
HOME PARK OR SUBDIVISION - means the preparation of additional
sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of
concrete pads).
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FLOOD OR FLOODING - means
a general and temporary condition of partial or complete inundation of normally
dry land areas from:
(1) the overflow of inland or tidal
waters.
(2)
the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD
ELEVATION STUDY means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
FLOOD INSURANCE RATE MAP (FIRM) - means
an official map of a community, on which the Federal Emergency Management
Agency has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) see Flood
Elevation Study
FLOODPLAIN OR FLOOD-PRONE AREA - means
any land area susceptible to being inundated by water from any source (see
definition of flooding).
FLOODPLAIN MANAGEMENT -
means the operation of an overall program of corrective and preventive measures
for reducing flood damage, including but not limited to emergency preparedness
plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS -
means zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a floodplain ordinance,
grading ordinance and erosion control ordinance) and other applications of
police power. The term describes such
state or local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means
those physical structural works for which funds have been authorized,
appropriated, and expended and which have been constructed specifically to
modify flooding in order to reduce the extent of the area within a community
subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees or
dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING -
means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities, structures and their
contents.
FLOODWAY see Regulatory
Floodway
FUNCTIONALLY DEPENDENT USE - means
a use, which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not
include long-term storage or related manufacturing facilities.
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HIGHEST ADJACENT GRADE - means
the highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure.
HISTORIC STRUCTURE - means
any structure that is:
(1) Listed individually in the National
Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined
by the Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on a state
inventory of historic places in states with historic preservation programs
which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local
inventory or historic places in
communities with historic preservation programs that have been certified
either:
(a) By an approved state program
as determined by the Secretary of the
Interior or;
(b) Directly by the Secretary of
the Interior in states without
approved programs.
LEVEE - means
a man-made structure, usually an earthen embankment, designed and constructed
in accordance with sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means
a flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
LOWEST FLOOR - means
the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure,
usable solely for parking or vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest floor; provided that such enclosure is not
built so as to render the structure in violation of the applicable
non-elevation design requirement of Section 60.3 of the National Flood
Insurance Program regulations.
MANUFACTURED HOME - means
a structure transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities.
The term "manufactured home" does not include a
"recreational vehicle".
MANUFACTURED
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MEAN SEA LEVEL - means,
for purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations
shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means,
for the purpose of determining insurance rates, structures for which the
"start of construction" commenced on or after the effective date of
an initial FIRM or after December 31, 1974, whichever is later, and includes
any subsequent improvements to such structures.
For floodplain management purposes, "new construction" means
structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR
SUBDIVISION - means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE -
means a vehicle which is (i) built on a single
chassis; (ii) 400 square feet or less when measured at the largest horizontal
projections; (iii) designed to be self-propelled or permanently towable by a
light duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
REGULATORY FLOODWAY - means
the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
RIVERINE
means relating to, formed by, or resembling a
river (including tributaries), stream, brook, etc.
SPECIAL
FLOOD HAZARD AREA see Area of Special Flood Hazard
START OF CONSTRUCTION - (for
other than new construction or substantial improvements under the Coastal
Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and
means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition placement, or
other improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings, piers
or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects
the external dimensions of the building.
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STRUCTURE means,
for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank that is principally above ground, as well as a
manufactured home.
SUBSTANTIAL DAMAGE -
means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its condition before being damaged would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
SUBSTANTIAL IMPROVEMENT - means
any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before "start of construction" of the
improvement. This term includes
structures which have incurred "substantial damage", regardless of
the actual repair work performed. The
term does not, however, include either: (1) Any project for improvement of a
structure to correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions or (2) Any alteration of a "historic structure", provided
that the alteration will not preclude the structure's continued designation as
a "historic structure."
VARIANCE means a grant of relief by a
community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of
the National Flood Insurance Program regulations.)
VIOLATION - means
the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to
be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION - means
the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929
(or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
ARTICLE
3
GENERAL
PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The
ordinance shall apply to all areas of special flood hazard with the
jurisdiction of Washington Parish.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD
The areas of special flood hazard identified by the
Federal Emergency Management Agency in the current scientific and engineering
report entitled, The Flood Insurance Study (FIS) for Washington
Parish and incorporated areas," dated December 3, 2009, with accompanying
Flood Insurance Rate Maps (FIRM) dated December 3, 2009, and any revisions
thereto are hereby adopted by reference and declared to be a part of this
ordinance.
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SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A
Floodplain Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
SECTION D. COMPLIANCE
No
structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this ordinance and other applicable
regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This
ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions.
However, where this ordinance and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION F. INTERPRETATION
In
the interpretation and application of this ordinance, 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.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The
degree of flood protection required by this ordinance 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
man-made or natural causes. This
ordinance 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 ordinance 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 ordinance or any
administrative decision lawfully made hereunder.
ARTICLE
4
SECTION A. DESIGNATION OF THE FLOODPLAIN
ADMINISTRATOR
The
Director of Public Works is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this ordinance and
other appropriate sections of 44 CFR (Emergency Management and Assistance -
National Flood Insurance Program Regulations) pertaining to floodplain
management.
SECTION B. DUTIES & 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 this ordinance.
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(2) Review permits application to
determine whether to ensure that the proposed building site project, 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 this ordinance.
(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 U.S.C. 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 which is the Department of Transportation and
Development, 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) When base flood elevation data has not
been provided in accordance with
Article 3, Section B, the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation data and floodway data available
from a Federal, State or other source, in order to administer the provisions of
Article 5.
(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 more than one foot 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 1 foot,
provided that the community first
completes all of the provisions required by Section 65.12.
SECTION
C. PERMIT PROCEDURES
(1)
Application for a Floodplain Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her 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:
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(a) Elevation (in relation to mean
sea level), of the lowest floor (including basement) of all new and
substantially improved structures;
(b) Elevation in relation to mean
sea level to which any nonresidential structure shall be flood-proofed;
(c) A certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of Article 5, Section B (2);
(d) Description of the extent to
which any watercourse or natural drainage will be altered or relocated as a
result of proposed development;
(e) Maintain a record of all such information in accordance with Article 4, Section (B) (1);
(2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance 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.
SECTION D. VARIANCE PROCEDURES
(1) The Appeal Board, as established by
the community, shall hear and render judgment on requests for variances from
the requirements of this ordinance.
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(2) The Appeal Board 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 ordinance.
(3) Any person or persons aggrieved by the
decision of the Appeal Board may appeal such decision in the courts of
competent jurisdiction.
(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 ordinance.
(6) Variances may be issued for new
construction and substantial improvements to be erected on a lot of 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
Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2
acre, the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors
noted above and the intent of this ordinance, the Appeal Board may attach such
conditions to the granting of variances as it deems necessary to further the
purpose and objectives of this ordinance (Article 1, Section C).
(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: (i) showing a good and sufficient cause; (ii) a
determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) 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.
(c) Any application to which 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.
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(11) 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 (i) the criteria outlined in Article 4, Section
D (1)-(9) are met, and (ii) 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.
ARTICLE
5
PROVISIONS
FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
(1) 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;
(2) All new construction or substantial
improvements shall be constructed by methods and practices that minimize flood
damage;
(3) All new construction or substantial
improvements shall be constructed with materials resistant to flood damage;
(4) 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;
(5) All new and replacement water supply
systems shall be designed to minimize or eliminate infiltration of flood waters
into the system;
(6) New and replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of flood waters
into the system and discharge from the systems into flood waters; and,
(7) On-site waste disposal systems shall
be located to avoid impairment to them or contamination from them during
flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required:
(1) Residential
Construction - new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement),
elevated to or above the base flood elevation.
A registered professional engineer, architect, or land surveyor shall
submit a certification to the Floodplain Administrator that the standard of
this subsection as proposed in Article 4, Section C (1) a., is satisfied.
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(2) Nonresidential
Construction - new construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the
lowest floor (including basement) elevated to or above the base flood level or
together with attendant utility and sanitary facilities, be designed so that
below the base flood level 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 subsection.
A record of such certification which includes the specific elevation (in
relation to mean sea level) to which such structures are flood-proofed shall be
maintained by the Floodplain Administrator.
(3) Enclosures
- new construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building
access or storage in an area other than a basement and which 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 on
separate walls having a total net area of not less than 1 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 1 foot above grade.
(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.
(4) Manufactured
Homes -
(a) 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.
(b) Require that manufactured
homes that are placed or substantially improved within Zones A1-30, AH, and AE
on the community's FIRM on sites (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing manufactured home park or
subdivision, or (iv) 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.
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(c) Require that manufactured
homes be placed or substantially improved on sites in an existing manufactured
home park or subdivision with Zones A1-30, AH and AE on the community's FIRM
that are not subject to the provisions of paragraph (4) of this section be
elevated so that either:
(i)
the lowest floor of the manufactured home is at or above the base flood elevation, or
(ii) the manufactured home
chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength that
are no less than 36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
(5) Recreational
Vehicles - Require that recreational vehicles placed on sites within Zones
A1-30, AH, and AE on the community's FIRM either (i)
be on the site for fewer than 180 consecutive days, or (ii) be fully licensed
and ready for highway use, or (iii) meet the permit requirements of Article 4,
Section C (1), and the elevation and anchoring requirements for
"manufactured homes" in paragraph (4) 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.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including
the placement of manufactured home parks and subdivisions shall be consistent
with Article 1, Sections B, C, and D of this ordinance.
(2) All proposals for the development of
subdivisions including the placement of manufactured home parks and
subdivisions shall meet Floodplain Development Permit requirements of Article
3, Section C; Article 4, Section C; and the provisions of Article 5 of this
ordinance.
(3) 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 5 acres, whichever is lesser, if not otherwise provided pursuant to
Article 3, Section B or Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including
the placement of manufactured home parks and subdivisions shall have adequate
drainage provided to reduce exposure to flood hazards.
(5) 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.
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SECTION D.
STANDARDS FOR AREAS
OF SHALLOW FLOODING (AO/AH ZONES)
Located
within the areas of special flood hazard established in Article 3, Section B,
are areas designated as shallow flooding.
These areas have special flood hazards associated with flood depths of 1
to 3 feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial
improvements of residential structures
have the lowest floor (including basement) elevated to or above the base flood
elevation or the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least 2 feet if no depth number
is specified).
(2) All new construction and substantial
improvements of non-residential structures;
(a) have the lowest floor
(including basement) elevated to or above the base flood elevation or the
highest adjacent grade at least as high as the depth number specified in feet
on the community's FIRM (at least 2 feet if no depth number is specified), or
(b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level 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 of effects of buoyancy.
(3) A registered professional engineer or
architect shall submit a certification to the Floodplain Administrator that the
standards of this Section, as proposed in Article 4, Section C are satisfied.
(4) Require within Zones AH or AO adequate
drainage paths around structures on slopes, to guide flood waters around and
away from proposed structures.
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(1) 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 in flood levels within the community during the
occurrence of the base flood discharge.
(2) If Article 5, Section E (1) above is
satisfied, all new construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of Article 5.
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(3) Under the provisions of 44 CFR Chapter
1, Section 65.12, of the National Flood Insurance Program 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 completes all of the provisions required by Section
65.12.
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this
ordinance and other applicable regulations.
Violation of the provisions of this ordinance 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 ordinance or
fails to comply with any of its requirements shall upon conviction thereof be
fined not more than $ 200 per day or imprisoned for not more than 30 days, or
both, for each violation. Each day the
violation continues shall be deemed a new violation. In addition, the violator shall pay all costs
and expenses involved in the case.
Nothing herein contained shall prevent Washington Parish Government from
taking such other lawful action as is necessary to prevent or remedy any
violation.
SECTION H. CERTIFICATION OF ADOPTION
Having been
submitted to a vote, the vote resulted as follows:
YEAS:
NAYS:
ABSENT:
ABSTAINED:
APPROVED: ______________________________________________
Richard Ned Thomas, Jr.
President,
Washington Parish Government
PASSED: _____________________________
(Date of adoption)
ORDINANCE BECOMES EFFECTIVE: December 1, 2009
_______________________________
Charles A. Nassauer, Chairman
Washington
Parish Council
Delivered to the
Parish President on ____________________, 2009 at________.
Returned to the Clerk
of the Council on __________________, 2009 at _______.
I, the undersigned,
Sharon Lyons, Chairman, do hereby certify that the above is true and correct
copy of an ordinance dully adopted by the Washington Parish Council, at a
regular meeting duly convened on November _________, 2009.
___________________________________
Sharon Lyons, Clerk to
the Council
Washington Parish
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