A.   Effective Date: The flood protection regulations of this chapter become effective on August 2, 2011.

   B.   Findings Of Fact:

      1.   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.

      2.   These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

   C.   Purpose: It is the purpose of the regulations of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

      1.   Protect human life and health;

      2.   Minimize expenditure of public money for costly flood control projects;

      3.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      4.   Minimize prolonged business interruptions;

      5.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

      6.   Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and

      7.   Ensure that potential buyers are notified that property is in a flood area.

   D.   Methods Of Reducing Flood Losses: In order to accomplish its purposes, the regulations of this chapter:

      1.   Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

      2.   Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

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

      4.   Control filling, grading, dredging and other development which may increase flood damage; and

      5.   Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

   E.   Applicability: The regulations of this chapter apply to all areas of special flood hazard within the jurisdiction of the City.

   F.   Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "the Flood Insurance Study for Mayes County, Oklahoma and Incorporated Areas" dated September 16, 2011, with the accompanying flood insurance rate map (FIRM) are hereby adopted on September 16, 2011, by reference and declared to be a part of the regulations of this chapter.

   G.   Establishment Of Development Permit: A development permit is required to ensure conformance with the provisions of this chapter.

   H.   Compliance: No structure or land may hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations.

   I.   Interpretation: In the interpretation and application of the regulations of this chapter, all provisions must be:

      1.   Considered as minimum requirements;

      2.   Liberally construed in favor of the Governing Body; and

      3.   Deemed neither to limit nor repeal any other powers granted under State Statutes.

   J.   Warning And Disclaimer Of Liability: The degree of flood protection required by the regulations of this chapter 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. The regulations of this chapter 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. The regulations of this chapter do not create liability on the part of the City or any official or employee of the City for any flood damages that result from reliance on the regulations of this chapter or any administrative decision lawfully made under the terms of this chapter.

   K.   Definitions: For the purpose of interpreting and administering the regulations of this chapter, the following words and terms have the meanings specifically assigned in this subsection. All other words and terms must be interpreted in accordance with the general definition provision of section 10-20-1 of this title.

ACCESSORY STRUCTURE: A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Examples of accessory structures include, but are not limited to, garages and storage sheds.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within the City of Pryor Creek subject to a one percent (1%) or greater chance of flooding in any given year.

BFE: Base flood elevation.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION: The elevation in feet above mean sea level of the base flood or one percent (1%) chance flood.

BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.

CFR: Code of Federal Regulations.

CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

DEVELOPMENT: Any manmade 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.

DEVELOPMENT PERMIT: A permit issued by the Floodplain Administrator which authorizes development in a special flood hazard area in accordance with the regulations of this chapter.

ELEVATED BUILDING: A nonbasement building built, in the case of a building in Zones AE, A and X, to have the top of the elevated floor 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 AE, A and X, "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.

EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM (see subsection F of this section) or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: 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 August 4, 1972.

EXPANSION TO AN EXISTING MANUFACTURED HOME, PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA: The Federal Emergency Management Agency.

FIRM: Flood insurance rate map.

FLOOD INSURANCE RATE MAP: An official map upon which FEMA has delineated the areas of special flood hazards and the risk premium zones applicable within the City.

FLOOD INSURANCE STUDY: The official report provided by FEMA for City of Pryor Creek that contains flood profiles, water surface elevation of the base flood, as well as the floodway width, section area and mean velocity.

   FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD PROTECTION SYSTEM: 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 the City 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.

FLOODPLAIN ADMINISTRATOR: A person accredited by the OWRB and designated by the City Council to administer and implement laws, ordinances and regulations relating to the management of floodplains.

FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning Codes and ordinances, subdivision regulations, Building Codes, health regulations, special purpose regulations and ordinances (such as floodplain, grading and erosion control regulations and ordinances) 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.

FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source. (See definition of flood or flooding.)

FLOODWAY: 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 floodway is located within areas of special flood hazard established in subsection F of this section. A floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles.

FUNCTIONALLY DEPENDENT USE: A use that 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 shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

      1.   Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

      2.   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered Historic District or a district preliminarily determined by the Secretary to qualify as a registered historic district;

      3.   Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of Interior; or

      4.   Individually listed on a Local Inventory of Historic Places in communities with historic preservation programs that have been certified either:

a. By an approved State program as determined by the Secretary of the Interior, or

b. Directly by the Secretary of the Interior in states without approved programs.

LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

LEVEE SYSTEM: A flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LOWEST FLOOR: 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 requirement of section 60.3 of title 44 CFR.

MANUFACTURED HOME: A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

MANUFACTURED HOME, PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MEAN SEA LEVEL: For purposes of the national flood insurance program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on the City of Pryor Creek flood insurance rate maps are referenced.

NEW CONSTRUCTION: 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 (see subsection F of this section) 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 floodplain management regulations adopted by the City Council and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME, PARK OR SUBDIVISION: 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 the City Council.

OWRB: The Oklahoma Water Resources Board.

RECREATIONAL VEHICLE: A vehicle that is:

      1.   Built on a single chassis;

      2.   Four hundred (400) square feet 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 (Public Law 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, addition, reconstruction, rehabilitation, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.

SUBSTANTIAL DAMAGE: 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: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "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:

      1.   Any project for improvement of a structure to correct existing violations of State or local Health, Sanitary, or Safety Code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

      2.   Any alteration of a "historic structure" provided that the alteration would not preclude the structure's continued designation as a "historic structure".

VARIANCE: A grant of relief by the City Council to a person from the terms of the regulations of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by the regulations of this chapter. (For full requirements see section 60.6 of title 44 CFR.)

VIOLATION: The failure of a structure or other development to be fully compliant with the regulations of this chapter.

WATER SURFACE ELEVATION: The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. 2018-16, 12-4-2018)

   A.   Designation Of The Floodplain Administrator: The City Council designates the building inspector (or designee) as Floodplain Administrator to administer and implement the regulations of this chapter and other appropriate sections of national flood insurance program regulations in title 44 CFR pertaining to floodplain management.

   B.   Duties And Responsibilities Of The Floodplain Administrator: The duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following:

      1.   Become accredited by the OWRB in accordance with 82 Oklahoma Statutes sections 1601 through 1618, as amended.

      2.   Reviews permit applications to determine whether the 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 the regulations of this chapter.

      4.   Review proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies 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 a conflict between a mapped boundary and actual field conditions).

      6.   Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the FEMA.

      7.   Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

      8.   Require developers/applicants to determine and provide the base flood elevation on two (2) FEMA elevation certificates, one preconstruction and one postconstruction, as well as other data as required in order to administer the provisions of section 10-14-3 of this chapter.

      9.   When a floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) is permitted within Zone AE as delineated on the Mayes County 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 (1') at any point within the City.

      10.   After a disaster or other type of damage occurrence to structures, determine if the residential and nonresidential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement.

      11.   Maintain a record of all actions involving an appeal from a decision of the City Council.

      12.   Maintain and hold open for public inspection all records pertaining to the provisions of the regulations of this chapter.

   C.   Permit Procedures:

      1.   An application for a development permit must be submitted to the Floodplain Administrator on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

         a.   Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and

         b.   Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

      2.   Approval or denial of a development permit by the Floodplain Administrator must be based on all regulations of this chapter and the following relevant factors:

         a.   The danger to life and property due to flooding or erosion damage;

         b.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

         c.   The danger that materials may be swept onto other lands to the injury of others;

         d.   The compatibility of the proposed use with existing and anticipated development;

         e.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

         f.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, public utilities and facilities such as sewer, gas, electrical and water systems;

         g.   The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

         h.   The necessity to the facility of a waterfront location, where applicable;

         i.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

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

      3.   The Floodplain Administrator or City Council, as applicable, may approve certain development in Zones A or AE delineated on the Mayes County FIRM that increases the water surface elevation of the base flood by more than one foot (1'), provided that the applicant for the development permit in that case first complies with 44 CFR section 65.12.

   D.   Variances:

      1.   General Provisions:

         a.   The Floodplain Board is authorized to grant variances for uses that do not satisfy the requirements of the Oklahoma Floodplain Management Act or the regulations of this chapter, if the applicant for the variance presents adequate proof that: 1) compliance with the regulations of this chapter will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people and 2) satisfies the pertinent provisions of this section. However, no variance may be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards.

         b.   Any variance so granted is not to be construed as relieving any person who receives it from any liability imposed by the Oklahoma Floodplain Management Act or by other laws of the State.

         c.   Variances may not be effective for a period longer than twenty (20) years.

         d.   Any person seeking a variance must file a petition with the City Council, accompanied by a filing fee.

         e.   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 in subsection C2 of this section and provisions of this section 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.

         f.   Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the Chairman of the City Floodplain Board which states that: 1) 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, and 2) such construction below the base flood level increases risks to life and property.

         g.   At such time as the Floodplain Board deems the petition ready for notification to the public, the City Floodplain Board must schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in Mayes County at least thirty (30) days prior to the hearing.

         h.   The Floodplain Board must conduct the hearing and make determinations in accordance with the applicable provisions of this section. The board exercises wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance should be granted.

         i.   Variances may only be granted upon:

            (1)   A showing of good and sufficient cause;

            (2)   A determination that failure to grant the variance would result in exceptional hardship to the applicant;

            (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 of the public, or conflict with existing local laws, regulations or ordinances; and

            (4)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

         j.   Upon consideration of the factors stated in this section and the intent of the regulations of this chapter, the Floodplain Board may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter.

         k.   The Floodplain Administrator must maintain a record of all variance actions, including justification for their issuance; and a copy of any variance issued by the Floodplain Board must be sent by the Floodplain Administrator to the OWRB and FEMA within fifteen (15) days after issuance of the variance.

      2.   Special Provisions:

         a.   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 the regulations of this chapter.

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

         c.   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.

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

            (1)   The criteria of subsections D1e, D1i, D2b and D2c of this section are met, and

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

   E.   Violations And Penalties: No structure or land may hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of the regulations of this chapter and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in the regulations of this chapter is presumed to be in violation until such time as that documentation is provided. Violation of the provisions of the regulations of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) constitute a misdemeanor. Any person who violates the regulations of this chapter or fails to comply with any of its requirements must upon conviction thereof be fined as provided in this Code. Nothing herein contained prevents the City Council or its City Attorney from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2018-16, 12-4-2018)

   A.   General Standards: In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

      1.   All new construction or substantial improvements must 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 must be constructed by methods and practices that minimize flood damage;

      3.   All new construction or substantial improvements must be constructed with materials resistant to flood damage;

      4.   All new construction or substantial improvements must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

      5.   All new and replacement water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the system;

      6.   New and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

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

   B.   Specific Standards: In all areas of special flood hazards the following provisions are required:

      1.   Residential Construction: New construction and substantial improvement of any residential structure must have the lowest floor (including basement) elevated at a minimum of two feet (2') above the base flood elevation. A registered professional engineer, architect, or land surveyor must submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied.

      2.   Nonresidential Construction: New construction and substantial improvements of any commercial, industrial or other nonresidential structure must have the lowest floor (including basement) elevated at a minimum of two feet (2') above the base flood elevation. A registered professional engineer, architect, or land surveyor must submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied.

      3.   Enclosures: New construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding must 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 (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding must be provided;

         b.   The bottom of all openings may be no higher than one foot (1') above grade; and

         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: Require that all manufactured homes to be placed anywhere within the City within Zones A and AE on the FIRM must be installed using methods and practices that minimize flood damage and have the bottom of the I-beam elevated at least two feet (2') above the BFE. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. The home must be installed by a licensed installer according to Oklahoma State law and compliance herewith must be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.

      5.   Recreational Vehicles: Require that recreational vehicles placed on sites within Zones A and AE on the Mayes County FIRM either:

         a.   Be on the site for fewer than one hundred eighty (180) consecutive days,

         b.   Be fully licensed and ready for highway use, or

         c.   Meet the permit requirements of subsection 10-14-2C of this chapter, and the elevation and anchoring requirements that apply to manufactured homes. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

      6.   Accessory Structure: Accessory structures to be placed on sites within Zones A and AE on the Mayes County FIRM must comply with the following:

         a.   The structure must be unfinished on the interior;

         b.   The structure may be used solely for parking and limited storage;

         c.   The structure may not be used for human habitation. Prohibited activities or uses include, but are not limited 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 must be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

         f.   The structure must be designed to have low flood damage potential and constructed with flood resistant materials;

         g.   The structure must 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 must be provided below the BFE; and

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

   C.   Standards For Subdivisions:

      1.   The applicant for a development permit for any subdivision located in Zones A and AE that is fifty one (51) or more lots or greater than five (5) acres must generate the base flood elevation data for that subdivision.

      2.   All subdivisions, including the placement of manufactured home parks and subdivisions, must have adequate drainage provided to reduce exposure to flood hazards.

      3.   All subdivisions, including the placement of manufactured home parks and subdivisions, must have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

   D.   Floodways: The following provisions apply to floodways:

      1.   Encroachments, including, but not limited to, fill, new construction, substantial improvements and other developments are prohibited within the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City during the occurrence of the base flood discharge.

      2.   If subsection A of this section is satisfied, all new construction and substantial improvements must comply with all applicable flood hazard reduction provisions of this chapter.

      3.   The City is authorized to permit encroachments within the adopted floodway that would result in an increase in base flood elevations, only if the applicant for the development permit complies with relevant provisions of 44 CFR section 65.12. (Ord. 2018-16, 12-4-2018)

   A.   Irrespective of any other provisions of this UDO to the contrary, beginning August 2, 2011, new development is prohibited within the 100-year floodplain (as defined on the latest publication of the national flood insurance program's flood insurance rate map for the City) that would generate wastewater to be transported to the wastewater treatment facilities of the City.

   B.   An owner/developer of property situated in the 100-year floodplain may request a "waiver of service area restriction" if the subject owner/developer can sufficiently show that the natural environment in the 100-year floodplain would be preserved if the waiver was granted. The request for a "waiver of service area restriction" must be submitted in writing to the Floodplain Administrator who upon review is authorized to determine whether the requested waiver is in conformance with the purpose of the flood protection regulations of this chapter. If the Floodplain Administrator determines that the requested waiver would not be in keeping with the purpose of these regulations, the request for a "waiver of service area restriction" must be denied. If the Floodplain Administrator determines that the requested waiver would not violate the purpose of these regulations, nor have detrimental effect upon the natural functions and values of the floodplain, then such a request must be presented to the City Council for a final local decision. If the City Council approves the requested waiver, the request must then be submitted to the U.S. Environmental Protection Agency's Regional Administrator for review and possible approval. The Regional Administrator is the final decision-making authority for all requests for "waivers of service area restriction". (Ord. 2018-16, 12-4-2018)