HomeMy WebLinkAboutOrdinance 29-2008 Ordinance No. 29-08
An ordinance amending Article II of Chapter 38 of the Code of Ordinances of the City of
Brookings and pertaining to Flood Damage Prevention
Be it ordained by the governing body of the City of Brookings, South Dakota: that Article II of
Chapter 38 of the Code of Ordinances shall be amended as follows:
Sec. 38-31. Definitions
Administrator means the Federal Insurance Administrator.
Sec. 38-38. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard are identified by the Federal Emergency Management Agency
in a scientific and engineering report entitled, "The Flood Insurance Study for Brookings
County, South Dakota and incorporated areas," dated July 16,2008,with the accompanying
flood insurance rate maps (FIRM). This study and accompanying maps are adopted by
reference and declared to be a part of this article. The flood insurance study and FIRM are on
file at the city engineer's office, 311 Third Avenue,Brookings, South Dakota.
(Code 1996, § 15-7)
Section 38-82. Specific Standards
A. When the Administrator has provided a notice of final flood elevations for one or more
special flood hazard areas on the community's FIRM and,if appropriate,has designated other
special flood hazard areas without base flood elevations on the community's FIRM,but has not
identified a regulatory floodway or coastal high hazard area, the community shall:
(1) Require the standards of Section 60.3(b) of the current NFIP regulations (44 CFR Parts 59-
78) within all A1-30 zones,AE zones,A zones,AH zones, and AO zones, on the community's
FIRM;
(2) Require that all new construction and substantial improvements of residential structures
within Zones A1-30,AE,and AH zones on the community's FIRM have the lowest floor
(including basement) elevated to one foot or more above the base flood level, unless the
community is granted an exception by the Administrator for the allowance of basements in
accordance with section 60.6(b) or (c) of the current NFIP regulations (44 CFR Parts 59-78);
(3) Require that all new construction and substantial improvements of nonresidential structures
within Zones Al-30,AE,and AH zones on the community's firm (i) have the lowest floor
(including basement) elevated to one foot or more above the base flood level, or (ii) together
with attendant utility and sanitary facilities,be designed so that below the base flood level the
structure is watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
(4) Provide that where a non-residential structure is intended to be made watertight below the
base flood level, (i) a registered professional engineer of architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall certify that the design
and methods of construction are in accordance with accepted standards of practice for meeting
the applicable provisions of A. (3)(ii) or A. (8)(ii) of this section,and (ii) a record of such
certificates which includes the specific elevation (in relation to mean sea level) to which such
structures are floodproofed shall be maintained for public inspection and furnished upon
request, for the determination of applicable flood insurance risk premium rates within all areas
having special flood hazards identified on a FHBM or FIRM,any certificates of floodproofing,
and information on the elevation (in relation to mean sea level) of the level of the lowest floor
(including basement) of all new or substantially improved structures, and include whether or not
such structures contain a basement, and if the structure has been floodproofed, the elevation (in
relation to mean sea level) to which the structure was floodproofed;
(5) Require, for all new construction and substantial improvements, that fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles,building access or storage in
an area other than a basement and which are subject to flooding shall be designed to
automatically equalize 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
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.The bottom of all openings
shall be no higher than one foot above grade. Openings may be equipped with screens,louvers,
valves, or other coverings or devices provided that they permit the automatic entry and exit of
floodwaters.
(6) Require that manufactured homes that are placed or substantially improved within Zones
A1-30,AH,and AE on the community's FIRM on sites
(1) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park of subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured
home has incurred"substantial damage" as the result of a flood,be elevated on a
permanent foundation such that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist floatation collapse and lateral
movement.
(7) Require within any AO zone on the community's FIRM that all new construction and
substantial improvements of residential structures have the lowest floor (including basement)
elevated above the highest adjacent grade at least as high as the depth number specified in feet
on the community's FIRM (at lease two feet if no depth number is specified);
(8) Require within any AO zone on the community's FIRM that all new construction and
substantial improvements of nonresidential improvements of nonresidential structures (i) have
the lowest floor (including basement) elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the community's FIRM (at least two feet if no depth
number is specified), or (ii) together with attendant utility and sanitary facilities be completely
floodproofed to that level to meet the flood proofing standard specified in A. (3)(ii);
(9) Require within any A99 zones on a community's FIRM the standards of Section 60.3(a)(1)
through (a)(4)(i) and (b)(5) through (b)(9) of the current NFIP regulations (44 CFR parts 59-78).
(10) Require until a regulatory floodway is designated,that no new construction, substantial
improvements, or other development (including fill) shall be permitted within Zones Al-30 and
AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the
proposed development,when combined with all other existing and anticipated development,will
not increase the water surface elevation of the base flood more than one foot at any point within
the community.
(11) Require within Zones AH and AO,adequate drainage paths around structures on slopes, to
guide floodwaters around and away from proposed structures.
(12) Require that manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A1-30,AH,and AE on the
community's FIRM that are not subject to the provisions of section A. (6) be elevated so that
either
(i) The lowest floor of the manufactured home is at or above the base flood elevation,
or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately anchored foundation system
to resist floatation, collapse,and lateral movement.
(13) Notwithstanding any other provisions of Section 38-82, a community may approve certain
development in Zones A1-30,AE, and AH, on the community's FIRM which increase the water
surface elevation of the base flood by more than one foot,provided that the community first
applies for a conditional FIRM revision, fulfills the requirements for such a revision as
established under the provisions of§65.12 of the current NFIP regulations (44 CFR parts 59-
78),and receives the approval of the Administrator.
(14) Require that recreational vehicles placed on sites within Zones A1-30,AH, and AE on the
community's FIRM either
(1) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
(iii) Meet the permit requirements of section 60.3(b)(1) of the current NFIP
regulations (44 CFR parts 59-78) and the elevation and anchoring requirements
for"manufactured homes"in A. (6).
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.
B. When the Administrator has provided a notice of final base flood elevations within Zones
Al-30 and/or AE on the community's FIRM and,if appropriate,has designated AO zones,AH
zones,A99 zones,and A zones on the community's FIRM,and has provided data from which
the community shall designate its regulatory floodway, the community shall:
(1) Meet the requirements of A. (1) through A. (14);
(2) Select and adopt a regulatory floodway based on the principle that the area chosen for the
regulatory floodway must be designed to carry the waters of the base flood,without increasing
the water surface elevation of that flood more than one foot at any point;
(3) Prohibit encroachments,including fill,new construction, substantial improvements, and
other development within the adopted regulatory 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 community during the occurrence of the base flood discharge;
(4) Notwithstanding any other provisions of section 38-82, 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, fulfills the requirements for such revisions as established under the provisions of§65.12
of the current NFIP regulations (44 CFR Parts 59-78) and receives the approval of the
Administrator.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: June 24, 2008
SECOND READING: July 8, 2008
PUBLISHED: July 11,2008
CITY OF BROOKINGS,SD
Scot :. unsterman,Mayor
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G;tio.5 ornes, City Clerk
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