The provisions of this Article are meant to minimize flood losses by restricting or prohibiting uses which are dangerous to public health, safety and property in times of flood or which cause increased flood heights or velocities within the 100-year floodplain.

(Ord. No. 3.43, Art. II, § 11.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The Floodplain Overlay District shall be applied as a supplemental regulation on existing zoned areas containing flood hazard areas. This District is not meant to be construed as a standard zoning category. The Floodplain Overlay District is superimposed on the existing zoning, and the restrictions or requirements herein contained are in addition to those of the underlying zones. The regulations set forth in this Article for the flood regulatory area shall apply to those lands within the 100-year floodplain mapped and designated by the Town in conjunction with the Federal Flood Insurance Administration. Any underlying zoning shall remain in full force and effect to the extent that its provisions are more restrictive.

(Ord. No. 3.43, Art. II, § 11.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Jurisdiction. The jurisdiction of this Article shall apply to all lands adjacent to any creek, river or stream within the incorporated area of the Town which could be inundated by a 100-year flood for the creek, river or stream.

(b)

Boundaries. The approximate boundaries of the flood regulatory area also referred to as the 100-year floodplain shall be as they appear on the Federal Flood Insurance Administration (FFIA) Floodplain Maps or those maps provided by the U.S. Army Corps of Engineers.

(c)

Warning and disclaimer of liability. The degree of flood protection intended to be provided by this Article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Article does not imply that the areas outside floodplain boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall this Article create a liability on the part of or a cause of action against the Town or any officer or employee thereof for any flood damages that may result from reliance on this Article.

(d)

Mandatory review. In the event that significant changes occur within the flood regulatory area, such as flood control measures, channelization and stream improvements, etc., there shall be an evaluation of the boundaries as follows: the Town will study the magnitude of the apparent change and will determine whether there is need for a full-scale study of the boundaries with a view to possible revision. The Town Planner shall then determine whether such a study shall be made.

(Ord. No. 3.43, Art. II, § 11.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following uses shall be allowed by permit within the 100-year floodplain to the extent that they are not prohibited in a particular area by an underlying zoning category and comply with Section 16-9-60 below:

(1)

Agricultural uses, such as general farming, pasture, truck farming, sod farming, grazing and crop harvesting.

(2)

Public and private recreational uses not requiring structures designed for human habitation; such uses may include parks, swimming areas, golf courses, driving ranges, picnic grounds, wildlife and natural reserves, game farms, fish hatcheries, shooting reserves, target ranges, trap and skeet ranges and hunting, fishing and hiking areas.

(3)

Any land use relating to open space; such uses shall be in compliance with the Town Master Plan, and the defined functional categories found therein.

(4)

Utility and flood-control facilities, such as dams, flowage management areas, transmission lines, pipelines and water monitoring devices.

(5)

Domestic livestock and wildlife management facilities, such as fences, observation towers and structures relating to the control or maintenance of domestic stock or wildlife.

(6)

Private and public roads and related structures which are in compliance with this Article.

(7)

Lawns, gardens, parking areas and other similar uses, provided that this shall not be construed to allow any dwelling unit or other structure within the Floodplain Overlay District.

(8)

Commercial and industrial uses, such as loading areas, parking areas and airport landing strips, but not extending to junkyards or solid waste disposal facilities.

(9)

Open pit mining for the removal of top soil, sand, gravel or other minerals.

(10)

Development relating to activities permitted within the floodplain.

(11)

Temporary structures relating to domestic livestock management.

(12)

Public or private water storage and sewer treatment facilities and multiple use water treatment facilities.

(Ord. No. 3.43, Art. II, § 11.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The following special factors shall be considered in evaluating the land use proposal:

(1)

The effects upon the efficiency or capacity of the flood regulatory area.

(2)

The effects upon lands upstream, downstream and in the immediate vicinity.

(3)

The effects upon the flood profile and flood heights.

(4)

The effects upon the flood regulatory area and lands beyond the flood regulatory area.

(5)

The effect upon the tributaries to the main stream, drainage ditches or any other drainage facilities or systems.

(6)

Whether additional public expenditures for flood protection or prevention will be necessary.

(7)

The potential danger to persons upstream, downstream and in the immediate vicinity.

(Ord. No. 3.43, Art. II, § 11.5, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Purpose. A floodplain development permit is required for any man-made change to the improved or unimproved real estate located within any designated 100-year floodplain within the incorporated area of the Town. This shall include any proposed improvements requiring a Town permit or other approval, and shall be inclusive of, but not limited to, new construction or substantial improvements to existing structures, mining, paving and locating gas or liquid storage tanks. The intention of this permitting system is to take necessary steps which are particular to flood-prone areas and land use proposals, specifically those which alter the existing character of the land and lie within known or designated 100-year floodplains and can affect drainage patterns and flood-carrying capacities of the known watercourses within these flood-prone areas. Any proposed development which could alter or increase the potential damage or impacts of a major storm or alter the floodplain impacts on other tracts of land shall require this review and permit approval.

(b)

Application process.

(1)

The application for the proposed development or other improvement within a known or designated 100-year floodplain shall be obtained from the Town Planner. The completed application for a permit, appropriate site information and application fee are to be returned to the Town Planner for review and routing to the other Town offices or agencies in the review procedure. The review of the application by Town Staff and any necessary contact or correspondence with the applicant shall occur within 20 working days after the receipt of the plans and supplementary materials. The following information shall be submitted with the application:

a.

Plans (three sets), prepared by a qualified person and drawn to an appropriate scale which shows the overall site affected, the proposed improvements or development, the elevations of the area in question, any existing or proposed structures, fill, storage of materials, drainage facilities and the location of each.

b.

The plans should indicate at two-foot intervals the mean sea level elevation of all existing and finished grades, and the mean sea level elevation to which any use is floodproofed.

c.

The plans shall be certified by a registered professional engineer that the floodproofing methods meet all floodproofing criteria required by the Town or other agency and provide a description of the extent to which any watercourse will be altered or relocated.

d.

The Town Planner shall charge a fee for the review and subsequent inspections made as part of this application in accordance with the Town's Fee Schedule.

(2)

It will be the responsibility of the Town Planner, as well as any other agency, to coordinate his or her review and reaction to all floodplain development permits to assure that the Town regulations and codes are being satisfied.

(3)

A permit may be issued for the proposed improvement or development when, according to the review by the Town, the proposal is in full compliance with the applicable state and local requirements. The permit shall be issued by the Town Planner.

(4)

The Town Planner shall maintain appropriate records of the floodplain development permits, authorized floodplain information and mapping for the Town.

(Ord. No. 3.43, Art. II, § 11.6, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)