El Reno City Zoning Code
ARTICLE XIII
Floodplain Regulations
§ 361-86 Authority.
The Legislature of the State of Oklahoma has, in 82 O.S. §§ 1601 through 1618, as amended, Chapter 23, delegated the responsibility of local government units to adopt regulations designed to minimized flood losses. Therefore, the City of El Reno, Canadian County, Oklahoma, hereby adopts the following floodplain management regulations.
§ 361-87 Purpose.
It is the purpose of this article to promote the public health, safety and general welfare and to minimize flood losses resulting from periodic inundation of the base flood by applying provisions designed to:
A.
Protect human health and life;
B.
Minimize expenditures of public money for costly flood control projects;
C.
Minimize the need for rescue and relief efforts associated with flooding, generally undertaken at the expense of the general public;
D.
Minimize prolonged business interruptions;
E.
Minimize damage to public facilities and utilities such as water, sanitary sewer, and gas mains; electric and telecommunications lines; streets and bridges located in floodplains;
F.
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
G.
Ensure that potential buyers are notified that property is in a flood area.
§ 361-88 Methods of reducing flood losses.
In order to accomplish its purposes, these regulations use the following methods:
A.
Restrict or prohibit uses that are dangerous to the health, safety, or property in times of flood, or cause excessive increases in flood heights or velocities.
B.
Require that uses vulnerable to flooding, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C.
Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.
D.
Control filling, grading, dredging and other development which may increase flood damage.
E.
Prevent or regulated the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards to other lands.
§ 361-89 Definitions.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted to give them the meaning they have in common usage, and to give these regulations their most reasonable application.
Structures which are on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure (such as garages and storage sheds).
A designated AO or AH Zone on a community's FIRM with a one-percent or greater annual chance of flooding to an average depth of one foot to three 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.
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, as designated by the FIRM maps adopted by the City of El Reno, Oklahoma.
[Added 6-9-2020 by Ord. No. 9228]
The flood having a one-percent chance of being equaled or exceeded in any given year.
The elevation in feet above mean sea level of the one-percent-chance flood as defined as the base flood shown above.
Any area of the building having its floor subgrade (below ground level) on all sides.
The Oklahoma Water Resources Board.
An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
Any man-made change in 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.
A nonbasement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
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."
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 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.
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 facilities, the construction of streets, and either final site grading or the pouring of concrete pads).
The Federal Emergency Management Agency.
Flood Insurance Rate Map.
An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazards and the risk-premium zones applicable to the community.
The official report provided by FEMA. The report contains flood profiles, floodway data and the water surface elevation of the base flood along with FIRMs.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A person accredited by the Board and designated by a floodplain board to administer and implement laws and regulations relating to the management of the floodplains.
The operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
Zoning ordinances, subdivision regulations, building codes, health regulations, special purposes 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.
Any land susceptible to being flood-inundated by water from any source (see definition of "flooding").
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 areas 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.
Any combination of structural and nonstructural 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.
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.
A use that cannot perform its intended purpose unless it is located or carried out in a 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.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
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.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of 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 nonelevation design requirements of Section 60.3 of the National Flood Insurance Program Regulations.
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 attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
For the purposes 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.
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.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanently dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
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 that 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 the excavation of a 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.
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
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 conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
The granting of relief to a person from the requirements of these regulations or ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by these regulations. (For full requirements, see Section 60.6 of the National Flood Insurance Program regulations.)
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 by this article is presumed to be in violation until such time as that documentation is provided.
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.
§ 361-90 General provisions.
These floodplain management regulations shall apply to all areas of special flood hazard within the jurisdiction of the incorporated limits of the City of El Reno, Canadian County, Oklahoma.
A.
The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled "The Flood Insurance Study for Canadian County and Incorporated Areas" (dated July 22, 2020), along with the FIRM maps, are hereby adopted by reference and declared to be a part of these regulations. These regulations shall go into effect on July 22, 2020, and until this time the current provisions found in the Code of the City of El Reno shall remain in full effect.
[Amended 6-9-2020 by Ord. No. 9228]
B.
A development permit shall be required to ensure conformance with the provisions of these floodplain management regulations.
C.
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of these regulations and other applicable regulations.
D.
These regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these regulations and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall apply.
§ 361-91 Warning and disclaimer of liability.
The degree of flood protection required by these regulations 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. These regulations do 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. These regulations 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 made lawfully hereunder.
§ 361-92 Administration.
A.
The Community Development Director is hereby appointed to act as the floodplain administrator to administer and implement the provisions of these regulations and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.
B.
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 applications to determine whether 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 adoption of these regulations.
(4)
Review permits for the 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 was 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 alternation or relocation of a watercourse, and submit evidence of such notifications to FEMA.
(7)
Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8)
Shall require the applicant/developer to provide base flood elevation in order to administer the provisions of § 361-96.
(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, and AH on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).
(11)
Become accredited by the Board in accordance with 82 O.S. §§ 1601 through 1618, as amended.
(12)
After a disaster or other type of damage occurrence to structures in the incorporated limits of the City of El Reno, determine if the residential and nonresidential structures and manufactured homes have been substantially damaged and enforce the substantial improvement requirements.
§ 361-93 Permits.
A.
Application for a development permit shall be presented to the floodplain administrator on forms furnished by the City of El Reno, and may include but is not limited to legible 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:
(1)
Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;
(2)
Elevation (in relation to mean sea level) to which any nonresidential structure may be floodproofed;
(3)
Description of the extent to which any watercourse or natural drainage will be altered or relocated as result of proposed development;
(4)
Maintain a record of all such information in accordance with § 361-92B(1).
B.
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:
(1)
The danger to life and property due to potential flooding or erosion damage;
(2)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury of others;
(4)
The compatibility of the proposed use with existing and anticipated development;
(5)
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(6)
The cost of providing governmental services during and after flood conditions, including maintenance and repair of streets, bridges, and public utilities;
(7)
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;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternate locations, not subject to flooding or erosion damage, for the proposed use;
(10)
The relationship of the proposed use to the City of El Reno Comprehensive Plan and Land Use Map for that area.
§ 361-94 Variances.
The Board of Adjustment may grant variances from the floodplain regulations, subject to the following requirements:
A.
Any person seeking a variance shall file a petition with the Board of Adjustment accompanied by a filing fee set by City Council via resolution.
B.
The Board of Adjustment 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 these regulations.
C.
The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to FEMA upon request.
D.
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 these regulations.
E.
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, provided the relevant factors described in § 361-93 have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variances increases.
F.
Upon consideration of the factors noted above and the intent of these regulations, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of these regulations (see § 361-87).
G.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
H.
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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
§ 361-95 Prerequisites for granting variances.
A.
Variance applications must be accompanied by a filing fee set by Council via resolution, and must include all documentation the floodplain administrator deems necessary for the hearing.
B.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D.
Variances shall only be issued upon a determination that granting a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisance, cause fraud on or the victimization of the public, or conflict with any existing laws.[2]
E.
A written notice will be provided to any persons granted a variance to build a structure below the base flood elevation. Said notice will inform the applicant that 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.
F.
G.
Any person(s) aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction.
§ 361-96 Provisions for flood hazard reduction.
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
A.
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;
B.
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
C.
All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
D.
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 flood conditions;
E.
All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
F.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
§ 361-97 Specific standards.
In all areas of special flood hazards as set forth in § 361-90A, the following provisions are required:
A.
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated two feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit certification to the floodplain administrator that the standard of this subsection as proposed in § 361-93A(1) is satisfied.
B.
Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest flood (including basement) elevated two feet above the base flood level. The floodplain administrator shall maintain a record of all elevation certificates that includes the specific elevation (in relation to the mean sea level) to which each structure has been elevated.
C.
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 the 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:
(1)
A minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to flooding shall be provided.
(2)
The bottom of all opening shall be no higher than one foot above grade.
(3)
Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided they permit the automatic entry and exit of floodwaters.
D.
Manufactured homes. The floodplain administrator shall:[1]
(1)
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 that minimize flood damage. For the purpose of this requirement, manufactured homes must have the bottom of the structural I-beam elevated two feet above the base flood elevation and be 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.
(2)
Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on a community's FIRM on sites outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as result of a flood be set on a permanent foundation such that the bottom of the structural I-beam is elevated to the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(3)
Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's FIRM that are not subject to the provisions of Subsection D of this section be elevated so that the bottom of the structural I-beam of the manufactured home is elevated two feet above the base flood elevation.
E.
Recreational vehicles. The floodplain administrator shall require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:[2]
(1)
Be on site for fewer than 180 consecutive days.
(2)
Be fully licensed, roadworthy, and approved for highway use.
(3)
Meet the permit requirements of § 361-93A(1) and the elevation and anchoring requirements for manufactured homes in Subsection D of this section. A recreational vehicle is ready for road 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.
F.
Accessory structures. Accessory structures located in flood hazard areas must have the following characteristics:[3]
(1)
Structure is low valued and represents a minimal investment.
(2)
Structure shall be small and not exceed 600 square feet in size.
(3)
Structure shall be unfinished on the interior.
(4)
Structure can only be used for parking and limited storage.
(5)
Structure shall not be used for human habitation such as working, sleeping, living, cooking or restroom areas.
(6)
Service facilities such as electrical and heating equipment and lowest floor must be elevated to or above the BFE.
(7)
Structure is constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.
(8)
Structure is designed to have low flood damage potential, i.e., constructed with flood-resistant materials.
(9)
Structure is firmly anchored to prevent flotation, collapse, and lateral movement.
(10)
Floodway requirements must be met in the construction of the structure.
(11)
Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE.
(12)
Structure shall be located so as not to cause damage to adjacent and nearby structures.
§ 361-98 Standards for subdivision proposals.
A.
All subdivision proposals including the placement of manufactured home parks and all subdivisions shall be consistent with these regulations in their entirety.
B.
All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet the development permit requirements of § 361-90 of these regulations.
C.
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 five acres, whichever is lesser, if not otherwise provided pursuant to § 361-90 or § 361-92B(8).
D.
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
E.
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.
§ 361-99 Standards for areas of shallow flooding (AO/AH Zones).
Located within the areas of special flood hazard established in § 361-90A are areas designed for shallow flooding. These areas have special flood hazards associated with base flood depths of one foot to three feet where a clearly defined channel does not exist, and where the path of flooding is unpredictable and where velocity flows may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
A.
All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).
B.
All new construction and substantial improvements for nonresidential structures shall:
(1)
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
(2)
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 of effects of buoyancy.
C.
A registered professional engineer or architect shall submit certification to the floodplain administrator verifying the standards of this section as proposed in § 361-93A(1) are satisfied.
§ 361-100 Floodways.
Floodways located within areas of special flood hazard established in § 361-90A are areas designated as floodways. Due to the velocity of floodwaters carrying debris and projectiles, and in consideration of the potential for erosion, floodways are extremely hazardous areas where the following provisions shall apply:
A.
Encroachments are prohibited, including fill, new construction, and substantial improvements and other developments within the adopted regulatory floodway, unless it has been demonstrated through hydrological 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.
C.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in the base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.
§ 361-101 Violations and penalties.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provision of this article 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 article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned not more than 60 days, or both, for each violation, and in addition shall pay all costs and expense involved in the case. Nothing herein contained shall prevent the City of El Reno from taking other such lawful action as deemed necessary to prevent or remedy each violation.