Chapter 15.343
AREAS OF SPECIAL FLOOD HAZARD OVERLAY (FHO)
Sections:
15.343.020 General provisions.
15.343.030 Floodplain development permit procedures.
15.343.040 Provisions for flood hazard reduction.
15.343.050 Before regulatory floodway.
15.343.070 Standards for shallow flooding areas (AO zones).
15.343.080 Critical facilities.
15.343.010 Purpose.
A. It is the purpose 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:
1. To protect human life and health;
2. To minimize expenditure of public money and costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To 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. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. In order to accomplish its purposes, this chapter 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 such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
4. Controlling filling, grading, dredging, and other development which may increase flood damage;
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas;
6. Coordinating and supplementing the provisions of the State Building Code with local land use and development ordinances. [Ord. 2719 § 2 (Exh. B), 3-1-10. Code 2001 § 151.481.]
15.343.020 General provisions.
A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of Newberg, Oregon, as designated in the Flood Insurance Study for Yamhill County and Incorporated Areas and on the Federal Emergency Management Agency (FEMA) flood insurance rate maps (FIRM) dated March 2, 2010.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Yamhill County, Oregon and Incorporated Areas,” dated March 2, 2010, with accompanying flood insurance maps are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at Newberg City Hall. The best available information for flood hazard area identification as outlined in subsection (F)(1) of this section shall be the basis for regulation until a new flood insurance rate map is issued which incorporates the data utilized under subsection (F)(1) of this section.
C. Penalties for Noncompliance. No affected structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) are subject to enforcement. Nothing herein contained shall prevent the City of Newberg from taking such other lawful action as is necessary to prevent or remedy any violation.
D. Relation to Other Regulations. Most areas of special flood hazard in Newberg are within the existing stream corridor subdistrict, the Willamette Greenway, or in wetlands or waterways subject to federal and state regulations. Therefore, it is expected that floodplain development and use of these regulations will be rare. This chapter should not be read as allowing development that is otherwise restricted or prohibited by other city, state, or federal laws.
E. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Newberg, any officer or employee of the city, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
F. Duties of the Local Administrator. The director is hereby appointed to administer and implement this chapter by granting or denying floodplain development permit applications in accordance with its provisions. The director’s duties are outlined below:
1. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in NMC 15.343.030(B), obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-flood grade crawlspaces) of all new or substantially improved affected structures, and whether or not the affected structure contains a basement.
b. For all new or substantially improved floodproofed affected structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in NMC 15.343.030(B):
i. Verify and record the actual elevation (in relation to mean sea level); and
ii. Maintain the floodproofing certifications.
c. Maintain for public inspection all records pertaining to the provisions of this chapter.
d. When base flood elevation data has not been provided (A and V zones) in accordance with subsection (B) of this section, Basis for Establishing the Areas of Special Flood Hazard, the director 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 NMC 15.343.040(B), Specific Standards, and NMC 15.343.060, Floodways.
2. Alteration of Watercourses.
a. Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
3. Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in NMC 15.343.030(E). [Ord. 2719 § 2 (Exh. B), 3-1-10. Code 2001 § 151.482.]
15.343.030 Floodplain development permit procedures.
A. Floodplain Development Permit Required. Any person shall obtain a floodplain development permit before constructing or developing within any area of special flood hazard established in NMC 15.343.020(B). The permit shall be for all affected structures including manufactured homes, as set forth in NMC 15.05.030, and for all floodplain development including fill and other activities, also as set forth in NMC 15.05.030.
B. Application for Floodplain Development Permit. Application for a floodplain development permit shall be made on forms furnished by the planning and building department 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 affected structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
1. Elevation, in relation to mean sea level, of the lowest floor (including basement) of all affected structures;
2. Elevation in relation to mean sea level of floodproofing in any affected structure;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential affected structure meet the floodproofing criteria in NMC 15.343.040(B); and
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed floodplain development.
C. Floodplain Development Permit Application Review. The director shall review all floodplain development permit applications. Floodplain development permits shall be reviewed as part of the review of applicable design review, building permit application, grading permit application, other application, or as a Type I review if no other application is concurrent. The review shall determine:
1. That the permit requirements and conditions of this chapter have been satisfied.
2. That all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
3. That if the floodplain development is located in the floodway, the encroachment provisions of NMC 15.343.060(A) are met.
D. Floodplain Development Variance Procedure.
1. Procedure.
a. Any person proposing floodplain development may request a variance to the provisions of this section. The application shall be on forms and include such information as determined by the director. Variance requests shall be processed as a Type II land use action.
b. The decision shall be based upon the criteria established in subsection (D)(3) of this section.
c. Those aggrieved by the decision of the director may appeal the decision to the planning commission.
d. The director shall report any variances to the Federal Insurance Administration upon request.
e. Any applicant to whom a variance is granted shall be given written notice that the affected 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.
2. Eligibility.
a. A variance from the elevation standard may be issued for new construction and substantial improvements.
b. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. Generally, the only condition under which a variance from the elevation standard may be issued is 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. As the lot size increases the technical justification required for issuing the variance increases.
c. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, and otherwise complies with NMC 15.343.040(A)(1) through (3), General Standards.
d. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
e. The review body may approve variances for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties, notwithstanding the application may not meet all the criteria set forth in subsection (D)(3) of this section.
3. Criteria. The review body may approve, approve with conditions, or deny a floodplain development variance, provided all the following criteria are met:
a. Exceptional hardship would result to the applicant if the variance were not granted.
b. Granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, victimization of the public, or conflict with existing local laws or ordinances.
c. No reasonable alternative location(s) exists which is not subject to flooding or erosion that may accommodate the proposed use.
d. The variance is the minimum necessary, considering the flood hazard, to afford relief.
e. The characteristics are compatible with neighboring development.
E. Appeal Procedure.
1. Appeal Board. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the director in the enforcement or administration of this section. Those aggrieved by the decision of the planning commission may appeal such decision to the city council.
2. Appeal Procedures. Appeals shall follow the Type III procedures outlined in NMC 15.100.160.
3. Scope of Review. The planning commission shall follow the scope of review procedures established in NMC 15.100.180. The decision shall follow the procedures in NMC 15.100.190. [Ord. 2719 § 2 (Exh. B), 3-1-10. Code 2001 § 151.483.]
15.343.040 Provisions for flood hazard reduction.
A. General Standards. In all areas of special flood hazard, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the affected structure.
b. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
c. On-site waste disposal systems, if allowed, shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.
4. Tentative Subdivision and Partition Plat Proposals.
a. Where floodplain development is proposed or reasonably likely, all tentative subdivision and partition plat proposals shall be consistent with the need to minimize flood damage.
b. All tentative subdivision and partition plat proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.
c. All tentative subdivision and partition plat proposals shall have adequate drainage provided to reduce exposure to flood damage.
d. For any proposed affected structure, proposed subdivision or partition, and other proposed floodplain development which contains at least 50 lots or five acres (whichever is less), flood elevation data shall be provided.
5. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (NMC 15.343.020(F)(1)(d)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
6. AH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed affected structures. AH zones are areas that have a one percent annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from one to three feet.
B. Specific Standards. In all areas of special flood hazard where base flood elevation data has been provided (Zones A1 – 30, AH, and AE) as set forth in NMC 15.343.020(B), Basis for Establishing the Areas of Special Flood Hazard or NMC 15.343.020(F)(1)(d), use of other base flood data (in A and V zones), the following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential affected structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or 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 be either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
i. 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.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
2. Nonresidential Construction.
a. New construction and substantial improvement of any commercial, industrial or other nonresidential affected structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
i. Be floodproofed so that below the base flood level the affected structure is watertight with walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
iii. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in NMC 15.343.020(F)(1);
iv. Nonresidential affected structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (B)(1)(b) of this section;
v. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below).
a. All manufactured homes to be placed or substantially improved on sites:
i. Outside of a manufactured home park or subdivision;
ii. In a new manufactured home park or 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;
shall be elevated on a permanent foundation such that the finished floor of the manufactured home is elevated to a minimum 18 inches (46 centimeters) above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.
b. 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 above manufactured home provisions be elevated so that either:
i. The finished floor of the manufactured home is elevated to a minimum of 18 inches (46 centimeters) 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 designed foundation system to resist flotation, collapse, and lateral movement.
a. Recreational vehicles placed on sites are required to either:
i. Be on the site for fewer than 180 consecutive days;
ii. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
iii. Meet the requirements of subsection (B)(3) of this section and the elevation and anchoring requirements for manufactured homes.
5. Below-Flood Grade Crawlspaces.
a. Below-flood grade crawlspaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas:
i. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the affected structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in subsection (B)(5)(a)(ii) of this section. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.
ii. The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.
iii. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.
iv. Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.
v. The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.
vi. The height of the below-flood grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.
vii. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.
viii. The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used. For more detailed information refer to FEMA Technical Bulletin 11-01. [Ord. 2719 § 2 (Exh. B), 3-1-10. Code 2001 § 151.484.]
15.343.050 Before regulatory floodway.
In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other floodplain development (including fill) shall be permitted within Zones A1 – 30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed floodplain development, when combined with all other existing and anticipated floodplain development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. [Ord. 2719 § 2 (Exh. B), 3-1-10. Code 2001 § 151.485.]
15.343.060 Floodways.
Located within areas of special flood hazard established in NMC 15.343.020(B) 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 apply:
A. Encroachments are prohibited unless evidence is provided by a registered professional civil engineer demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. If subsection (A) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of NMC 15.343.040, Provisions for flood hazard reduction.
C. Projects for stream habitat restoration may be permitted in the floodway, provided:
1. The project qualifies for a Department of the Army, Portland District, Regional General Permit for Stream Habitat Restoration (NWP-2007-1023); and
2. A qualified professional (a registered professional engineer; or staff of NRCS, the county, or fisheries, natural resources, or water resources agencies) has provided a feasibility analysis and certification that the project was designed to keep any rise in 100-year flood levels as close to zero as practically possible given the goals of the project; and
3. No affected structures would be impacted by a potential rise in flood elevation; and
4. An agreement to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged is included as part of the local approval.
D. New installations of manufactured dwellings are prohibited (2002 Oregon Manufactured Dwelling and Park Specialty Code). Manufactured dwellings may only be located in floodways according to one of the following conditions:
1. If the manufactured dwelling already exists in the floodway, the placement was permitted at the time of the original installation, and the continued use is not a threat to life, health, property, or the general welfare of the public; or
2. A new manufactured dwelling is replacing an existing manufactured dwelling whose original placement was permitted at the time of installation and the replacement home will not be a threat to life, health, property, or the general welfare of the public and it meets the following criteria:
a. As required by 44 CFR Chapter 1, Subpart 60.3(d)(3), it must be demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the manufactured dwelling and any accessory buildings, accessory affected structures, or any property improvements (encroachments) will not result in any increase in flood levels during the occurrence of the base flood discharge;
b. The replacement manufactured dwelling and any accessory buildings or accessory affected structures (encroachments) shall have the finished floor elevated a minimum of 18 inches (46 centimeters) above the BFE as identified on the flood insurance rate map;
c. The replacement manufactured dwelling is placed and secured to a foundation support system designed by an Oregon professional engineer or architect and approved by the authority having jurisdiction;
d. The replacement manufactured dwelling, its foundation supports, and any accessory buildings, accessory affected structures, or property improvements (encroachments) do not displace water to the degree that they cause a rise in the water level or divert water in a manner that causes erosion or damage to other properties;
e. The location of a replacement manufactured dwelling is allowed by local ordinances; and
f. Any other requirements deemed necessary by the director as having jurisdiction. [Ord. 2719 § 2 (Exh. B), 3-1-10. Code 2001 § 151.486.]
15.343.070 Standards for shallow flooding areas (AO zones).
Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:
A. New construction and substantial improvements of residential affected structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building a minimum of one foot above the depth number specified on the FIRM (at least two feet if no depth number is specified).
B. New construction and substantial improvements of nonresidential affected structures within AO zones shall either:
1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or
2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level 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. If this method is used, compliance shall be certified by a registered professional engineer or architect as in NMC 15.343.040(B)(2)(a)(iii).
C. Require adequate drainage paths around affected structures on slopes to guide floodwaters around and away from proposed structures.
D. If allowed, recreational vehicles placed on sites within AO zones on the community’s FIRM either:
1. Be on the site for fewer than 180 consecutive days; and
2. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
3. Meet the requirements of this section and the elevation and anchoring requirements for manufactured homes. [Ord. 2719 § 2 (Exh. B), 3-1-10. Code 2001 § 151.487.]
15.343.080 Critical facilities.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. [Ord. 2719 § 2 (Exh. B), 3-1-10. Code 2001 § 151.488.]