1. The flood hazard areas of the Town of Glenrock are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities; and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

The Special Flood Hazard Zone is to be superimposed over existing zones. It is not intended to modify the uses permitted in the underlying zone, but it is intended 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 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 areas of special flood hazard;
6. help maintain a stable tax base by providing for a second use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this Ordinance includes methods and provisions for:

1. restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. requiring that uses vulnerable to floods, including facilities which serve as such uses, be protected against flood damage at the time of initial construction;
3. controlling the alteration of natural flood plains, stream channels and natural protective barriers which accommodate or channel floodwaters;
4. controlling filling, grading, dredging and other development which may increase flood damage; and
5. preventing or regulating the construction of flood barriers, which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance rate map (FIRM) dated November 15, 2015, with subsequent revisions, is adopted by reference and declared to be part of this Ordinance. On the official zoning map for the town, the area identified as Special Flood Hazard Zone will be designated by its underlying zone name plus the preface “SFH”.

A Development Permit shall be obtained before construction or development begins within any area of SFH established in GTC 31..17.040. Application for a Development Permit shall be made on forms furnished by the Town and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fills, storage or materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Elevation in relation to the mean sea level of the lowest floor (including basement) of all structures.
2. Elevation in relation to mean sea level to which any structure has been flood-proofed.
3. Certification by a registered professional engineer or architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria set forth in this Article.
4. Description of the extent, if any, to which any watercourse will be altered or relocated as a result of the proposed development.

The Zoning Officer he hereby appointed to administer and implement the requirements of this Article by granting or denying Development Permit applications in accordance with its provisions.

The duties of the Zoning Officer in the administration of this Article shall include, but not be limited to:

1. Development Permit Review:
   1. Review all Development Permits to determine that the permit requirements of this Ordinance have been satisfied.
   2. Review all Development Permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
   3. Review all Development Permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of SFH. For the purposes of this Ordinance, “adversely affects” means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and adjacent to overbank areas.
2. Use of other base flood data:
   1. When base flood elevation data has not been provided in accordance with this Code, the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer this Code, Specific Standards for Flood Hazard Reduction.
3. Information to be obtained and maintained:
   1. Obtain and record the actual elevation (in relation to sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
   2. For all new or substantially improved flood-proofed structures:
      1. obtain and record the actual elevation (in relation to sea level) to which the structure has been flood-proofed;
      2. maintain the flood-proofing certifications required in this article; and
      3. maintain for public inspection all records pertaining to the provisions of this Article.
   3. Alteration of Watercourses:
      1. Notify adjacent communities and the Wyoming Emergency Management Agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
      2. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
   4. Interpretation of FIRM Boundaries:
      1. Make interpretations where needed as to exact location of the boundaries of the areas of SFH.

In all areas of SFH, the following standards are required:

1. Anchoring:
   1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
   2. Required that all manufactured homes to be placed within Zone A on the community’s FHBM or FIRM be installed using methods and practices which minimize flood damage. For the purposes of this requirement:
      1. 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 the applicable state and local anchoring requirements for resisting wind forces;
      2. frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points along the sides of the structures. Manufactured homes less than 50 ft. long will require only four (4) additional ties per side;
      3. all components of the anchoring system be capable of carrying a force of four-thousand eight-hundred (4800) pounds; and
      4. any additions to the manufactured home be similarly anchored.
2. Construction Materials and Methods:
   1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
   2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
   3. All new construction and 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.
3. Utilities:
   1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   2. New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into floodwaters.
   3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. Subdivision Proposals:
   1. All subdivision proposals shall be consistent with the need to minimize flood damage and meet the provisions of this Article.
   2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
   3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
   4. Base flood elevation data shall be provided for subdivision proposal and other proposed developments which contain at least fifty (50) lots or five (5) acres, whichever is less.
5. Encroachments:
   1. Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

In all areas of SFH where base flood elevation data has been provided, the following standards are required:

1. Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor, including the basement, elevated to or have base flood elevation.
2. Non-Residential Construction: New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including the basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
   1. be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
   2. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
   3. be certified by a registered professional engineer or architect that the standards of this Part are satisfied. Such certifications shall be provided to the official as set forth in this Article.

The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Article does not imply that land outside the areas of SFH or uses permitted within such areas will be free from flooding or flood damage. This Article shall not create liability on the part of the Town of Glenrock, any officer or employee thereof or the Federal Management Agency for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.

Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application.

Areas of Special Flood Hazard: means the land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

Areas of Shallow Flooding: means a designated AO, AH or VO zone on a community’s FIRM with a one percent (1%) chance or greater annual chance of flooding to an average depth of 1 to 3 ft. where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding characterized by ponding or sheet flow.

Development: means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within an area of SFH.

Basement: means any area of the building having its floor sub-grade (below ground level) on all sides.

Flood Insurance Rate Map (FIRM): means an official map of a community on which the Federal Emergency Management Agency has delineated areas of SFH designated as Zone A.

Elevated Building: means a non-basement building: (1) 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, or in the case of a building in Zones V1-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns or shear walls parallel to the flow of the water; and (2) 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 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 flood waters. In the case of Zones V1-30, VE or V, “elevated building” also includes a building otherwise meeting the definition of “elevated building”, even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.

Existing Construction: means for the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM on or before January 1, 1975, for FIRM;s effective before that date. “Existing construction” may also be referred to as “existing structure”.

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 of 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, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.)

Flood Proofing: means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate floor damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway (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.

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.

Highest Adjacent Grade: means the highest 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 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 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:
   1. by an approved state program as determined by the Secretary of the Interior; or
   2. directly by the Secretary of the Interior in states without approved programs.

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: NO CHANGE

Manufactured Home Park or Subdivision: means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

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 structure 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 on or after the effective date of floodplain management regulations adopted by a community.

Recreational Vehicle: means a vehicle that is:

1. built on a single chassis;
2. 400 sq. ft. or less when measured at the largest horizontal projections;
3. designed to be self-propelled or permanently towable by a light duty truck; and
4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Start of Construction: (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub.L.97-348)), includes substantial improvements and means the date the building permit was issued, provided the actual state of construction, repair, reconstruction, rehabilitation, additional, placement or other improvement was within one-hundred eighty (180) days of the permit date. The actual state 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 state 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 state of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alternation affects the external dimensions of the building.

Substantial Damage: means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial Improvement: means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either

1. before the improvement or repair is started; or
2. if the structure has been damaged and is being restored before the damage occurred. For the purpose of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that altercation affects the external dimension of the structure.

That term does not, however, include the following:

1. Any project or improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
2. Any alteration of a structure on the National Register of Historic Places or a State Inventory of Historic Places.

Variance: is a grant of relief to a person from the requirement of this Ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Ordinance. (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.

1. The Appeal Board, as established in GTC 31.19, shall hear and render judgment on requests for variances from the requirements of this Article.
2. 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.
3. 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.
4. 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 hereinbelow 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.
5. The danger to life and property due to flooding or erosion damage.
6. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
7. The danger that materials may be swept onto others lands to the injury of others.
8. The compatibility of the proposed use with existing and anticipated development.
9. The safety of access to the property in times of flood for ordinary and emergency vehicles.
10. 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.
11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effect of wave action, if applicable, expected at the site.
12. The necessity to the facility of a waterfront location, where applicable.
13. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
14. The relationship of the proposed use to the comprehensive plan for that area.
15. 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.
16. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
17. 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.
18. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
19. Variances shall only be issued upon:
    1. showing a good and sufficient cause;
    2. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and
    3. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization to the public or conflict with existing local laws or ordinances.
20. Any application to whom 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.
21. 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 the factors outline hereinabove are met.
22. The structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.