It is the purpose of this article 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;

7.

Ensure the potential buyers are notified that property is in a flood area; and

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The flood hazard areas of the city 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. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands because they are inadequately elevated, flood proofed, or otherwise protected from flood damage.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

In order to accomplish its purposes, these regulations are established to:

1.

Restrict or prohibit uses that are dangerous to health, safety or property due to water, water-related or erosion hazards, or that result in damaging increases in erosion or in flood heights, widths or velocities;

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage throughout their intended lifespan;

3.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

4.

Control filling, grading, excavating, vegetation removal, dredging and other development which may increase flood damage; and

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert or restrict floodwaters or which may increase flood hazards in other areas, whether adjacent upstream or downstream.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

This article shall apply to all areas of special flood hazard within the jurisdiction of the city.

B.

No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations.

C.

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

D.

In the interpretation and application of this article all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the council; and

c.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific engineering report entitled, The Flood Insurance Study for Muskogee County, Oklahoma, and Incorporated Areas, dated February 4, 2011 with the accompanying flood insurance rate map (FIRM), are hereby adopted by reference and declared to be a part of these regulations.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A floodplain permit shall be required to ensure conformance with the provisions of this article. A floodplain permit shall be obtained before any construction, zoning change, change in use, or development begins, or any required drawing approval or building permit is issued within any area of special flood hazard.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The degree of flood protection required by this article 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 manmade or natural causes. This article 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 article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The Director of Planning is hereby appointed the Floodplain Administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (Code of Federal Regulations/National Flood Insurance Program Regulations) pertaining to floodplain management.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The Director of Planning, Director of Public Works and the Civil Engineer are hereby appointed to serve as the Floodplain Permit Committee and are authorized and instructed to implement and administer this article by granting or denying floodplain permit applications in accordance with its provisions.

1.

The Director of Planning shall serve as chairman of the committee and shall call meetings of the committee as required to review and pass on floodplain permit applications;

2.

A unanimous approval of the committee shall be required to grant a floodplain permit; and

3.

The committee may defer action on any floodplain permit application and require the applicant or his engineer or architect to provide such revised or additional information as deemed necessary to render a final decision.

B.

Duties and responsibilities of the Floodplain Permit Committee 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 article;

2.

Review permit applications to determine whether proposed building sites will be reasonably safe from flooding;

3.

Review, approve or deny all applications for development permits required by adoption of this article;

4.

Review permits for proposed development to ensure 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 USC 1251 et seq.) from which prior approval is required;

5.

Make the necessary interpretation 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 conflict between a mapped boundary and actual field conditions);

6.

Notify, in riverine situations, adjacent communities and the State Water Resources Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Administration;

7.

Ensure that flood carrying capacity within the altered or relocated portion of the watercourse is maintained;

8.

When base flood elevation data has not been provided in accordance with Section 90-22-05, 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 Sections 90-22-12 through 90-22-14;

9.

In unnumbered A zones (flood hazard areas without base flood elevations where it is required that you use the best available data), require one of the following actions as a condition of a permit:

a.

Determine an elevation from the nearest benchmark outside of the flood hazard area and require the lowest floor of the structure in the unnumbered A zone to be one foot or more above such elevation;

b.

Where flooding history is greater than the elevation specified in Subsection B.9.a of this section, require the lowest floor elevation to be one foot or more above such elevation;

c.

Require elevation of the lowest floor to be two or more feet above the highest adjacent grade next to the building site;

d.

Require that the lowest floor elevation be one foot or more above the base flood elevation which is the elevation of the nearest benchmark outside of the flood hazard area; or

e.

When a regulatory floodway has not been designated, the Floodplain Permit Committee must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone 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; and

10.

Under the provisions of 44 CFR 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zone AE on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA.

11.

Become accredited by the OWRB in accordance with Title 82 O.S. § 1601-1618, as amended.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Application for a floodplain permit shall be presented to the Floodplain Permit Committee on forms developed by it 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, 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.

A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and

3.

Maintain a record of all such information in accordance with this article.

B.

Approval or denial of a floodplain permit by the Floodplain Permit Committee shall be based on all of the provisions of this article and the following relevant factors:

1.

The danger to life and property due to 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 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;

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 alternative locations, not subject to flooding or erosion damage, for the proposed use; and

10.

The relationship of the proposed use to the comprehensive plan for that area.

11.

Plans shall be sealed by a registered professional engineer registered in the State of Oklahoma, and all survey information shall be sealed by a registered land surveyor registered in the State of Oklahoma.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Variances.

1.

The City Council, as set out in this article, shall hear and render judgment on requests for variances from the requirements of this article. It 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 Permit Committee in the enforcement or administration of this article. Those aggrieved by the decision of the appeals board may appeal such decision in the courts of competent jurisdiction.

2.

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half 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 90-22-10.B have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. Upon consideration of the factors noted in this section and the intent of this article, the appeals board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article.

B.

Prerequisites for Granting Variances. Prerequisites for Granting variances include the following:

1.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and the applicant for the variance has paid the appropriate fee;

2.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

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.

3.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a 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.

4.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

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 article.

6.

The city shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

7.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functional dependent use, provided that:

a.

The criteria outlined in this section are met; and

b.

The structure of other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

C.

Procedure for Appeal.

1.

Any person or persons aggrieved by an alleged error in any requirement, interpretation, decision, or determination made by the Floodplain Permit Committee in the enforcement or administration of this article may appeal such alleged error to the City Council within thirty (30) days after the date of the written decision. The appeal shall be filed in writing with the City Clerk. The City Clerk shall forward the appeal to the Floodplain Administrator.

2.

The information required to be submitted by the appellant for the appeal shall be the following:

a.

All the information, plans, elevations, and calculations and other material specified in Section 90-22-10 of this article;

b.

Documentation that the request is based upon good and sufficient cause and documentation from a licensed engineer, registered in the State of Oklahoma, that the appeal will not increase the level of the base flood discharge in the regulatory floodway;

c.

The appellant must also pay any fee required by the code as provided in the fee schedule.

3.

The Floodplain Administrator shall perform the following duties:

a.

Docket the appeal on receipt from the clerk;

b.

Provide written notice to the appellant of the date, time and place that council will consider the appeal;

c.

Present the appeal to the city council within sixty (60) days of receipt of the appeal;

d.

Notify the appellant of the decision of the city council on the appeal; and

e.

Maintain all records and actions involving an appeal or variance and report to the National Flood Insurance Program Administrator, as required or upon request, with all necessary information concerning the appeal, including justification for any variances to the regulations.

4.

No permit of any kind will be issued for any development upon any application for a floodplain permit which is the subject of the appeal until a final decision has been made by the city council. (Federal Law Reference - 44 C FR § 60.6)

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

In all areas of special flood hazard, 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 and utility equipment 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 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 floodwaters into the system;

6.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into floodwaters; and

7.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

In all areas of special flood hazards the following provisions are required:

1.

Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one or more feet above the base flood elevation. A licensed professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Permit Committee that the standard of this subsection, as proposed in section 90-22-15, is satisfied.

2.

Nonresidential construction. New construction or substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated to one foot or more above the base flood level.

3.

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that 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 having a total net area of not less than one 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 one foot above grade; or

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.

All manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose 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.

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:

(a)

Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations with mobile homes less than fifty (50) feet long requiring one additional tie per side;

(b)

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than fifty (500 feet long requiring four additional ties per side;

(c)

All components of the anchoring system be capable of carrying a force of 4,800 pounds; all anchoring must be of a "man earth" type or equal; and

(d)

Any additions to the mobile home must be similarly anchored.

c.

All manufactured homes shall be in compliance with this article; and

d.

All manufactured homes to be placed or substantially improved within Zone AE on the community's FIRM shall be elevated on a permanent foundation such that the bottom of the I beam of the manufactured home is at or above the base flood elevation, and shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of this article.

5.

Recreational vehicles. Recreational vehicles on sites within Zone AE and A on the community's FIRM shall either:

a.

Be on the site for fewer than 180 days;

b.

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system or if it is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions; or

c.

Meet the permit requirements and the elevation and anchoring requirements for "manufactured homes" in Subsection 4 of this section.

6.

Accessory Structure. Accessory structures to be placed on sites within Zones A and AE shall comply with the following:

a.

The structure shall be unfinished on the interior;

b.

The structure shall be used only for parking and limited storage;

c.

The structure shall not be used for human habitation. Prohibited activities or uses include but not to working, sleeping, living, cooking or restroom use;

d.

Service facilities such as electrical and heating equipment must be elevated to or above the BFE;

e.

The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

f.

The structure shall be designed to have low flood damage potential and constructed with flood resistance materials;

g.

The structure shall be firmly anchored to prevent flotation, collapse and lateral movement;

h.

Floodway requirements must be met in the construction of the structure;

i.

Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE; and

j.

The structure shall be located so as not to cause damage to adjacent and nearby structures.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Floodways located within areas of special flood hazard established in this article are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters 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 developments unless certification by a professional licensed engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during occurrence of the base flood discharge;

2.

If Subsection 1 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 90-22-12; and

3.

Under the provisions of 44 CFR 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 base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

All subdivision proposals shall be consistent with Sections 90-22-01 through 90-22-03 of this Article.

B.

All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet floodplain permit requirements of Sections 90-22-06, 90-22-10 and 90-22-12 et seq.

C.

Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than thirty (30) lots or three (3) acres, whichever is less, if not otherwise provided pursuant to Sections 90-22-05.

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 manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

No structure or land shall hereafter be constructed, located, extended, converted, altered, or changed in use without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with condition) shall constitute a misdemeanor and a general nuisance. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be punished according to a schedule of fines, as shall be modified from time to time by the City Council, and made available for public viewing in the office of the City Clerk, as provided in Section 1-14, for each violation, and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)