FLOOD DAMAGE
PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of New Mexico has in Statutes Amended
(NMSA) 1978 Section 3-18-7 delegated the responsibility of local
governmental units to adopt regulations designed to minimize flood
losses. Therefore, the Mayor and Council of the Village of
Capitan, New Mexico does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of the Village of
Capitan, New Mexico 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.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance 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) Insure that potential buyers are notified
that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following
methods:
(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 flood waters;
(4) Control filling, grading, dredging and
other development, which may increase flood damage;
(5) Prevent or regulate the construction of
flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted to give them the meaning they have in
common usage and to give this ordinance its most reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an
alluvial fan or similar landform which originates at the apex and is
characterized by high-velocity flows; active processes of erosion,
sediment transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which
the flow path of the major stream that formed the fan becomes
unpredictable and alluvial fan flooding can occur.
APPURTENANT STRUCTURE – means a structure which is on the same parcel
of property as the principal structure to be insured and the use of
which is incidental to the use of the principal structure
AREA OF FUTURE CONDITIONS FLOOD HAZARD – means the land area that would
be inundated by the 1-percent-annual chance (100 year) flood based on
future conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or
VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1
percent or greater annual chance of flooding to an average depth of 1
to 3 feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a
community subject to a 1 percent or greater chance of flooding in any
given year. The area may be designated as Zone A on the Flood
Hazard Boundary Map (FHBM). After detailed rate-making has been
completed in preparation for publication of the FIRM, Zone A usually is
refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE,
AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a 1 percent chance of being equaled
or exceeded in any given year.
BASE FLOOD ELEVATION (BFE) – The elevation shown on the Flood Insurance
Rate Map (FIRM) and found in the accompanying Flood Insurance Study
(FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that
indicates the water surface elevation resulting from the flood that has
a 1% chance of equaling or exceeding that level in any given year -
also called the Base Flood.
BASEMENT - means any area of the building having its floor subgrade
(below ground level) on all sides.
BREAKAWAY WALL – means a wall that is not part of the structural
support of the building and is intended through its design and
construction to collapse under specific lateral loading forces, without
causing damage to the elevated portion of the building or supporting
foundation system.
CRITICAL FEATURE - means 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 - means any man-made change to 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.
ELEVATED BUILDING – means, for insurance purposes, a non-basement
building, which has its lowest elevated floor, raised above ground
level by foundation walls, shear walls, posts, piers, pilings, or
columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates,
structures for which the "start of construction" commenced before the
effective date of the FIRM 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 - means 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 the effective date of the
floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means
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).
FLOOD OR FLOODING - means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of
surface waters
from any
source.
FLOOD ELEVATION STUDY – means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding water
surface elevations, or an examination, evaluation and determination of
mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map of a
community, issued by the Administrator, where the boundaries of the
flood, mudslide (i.e., mudflow) related erosion areas having special
hazards have been designated as Zones A, M, and/or E.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community,
on which the Federal Emergency Management Agency has delineated both
the special flood hazard areas and the risk premium zones applicable to
the community.
FLOOD INSURANCE STUDY (FIS) – see Flood Elevation Study
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to
being inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means 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 - means zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as a floodplain ordinance, grading ordinance
and erosion control ordinance) 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.
FLOOD PROTECTION SYSTEM - means 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 area within a community 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.
FLOOD PROOFING - means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property, water
and sanitary facilities, structures and their contents.
FLOODWAY – see Regulatory Floodway
FUNCTIONALLY DEPENDENT USE - means a use, which 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 ship building and ship repair facilities, but does not
include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
HISTORIC STRUCTURE - means 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 or
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 - means a man-made 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 - means 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 - means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking or 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 non-elevation design
requirement of Section 60.3 of the National Flood Insurance Program
regulations.
MANUFACTURED HOME - means 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 - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
MEAN SEA LEVEL - means, 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 a community's Flood
Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, 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 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 a floodplain management
regulation adopted by a community and includes any subsequent
improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means 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 a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single
chassis; (ii) 400 square feet or less when measured at the largest
horizontal projections; (iii) designed to be self-propelled or
permanently towable by a light duty truck; and (iv) designed primarily
not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
RIVERINE – means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA – see Area of Special Flood Hazard
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)),
includes substantial improvement and means the date the building permit
was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other
improvement was within 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 – means, for floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals
or exceeds 50 percent of the market value of the structure before
"start of construction" of the improvement. This term includes
structures, which 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 to assure safe living
conditions or (2) Any alteration of a "historic structure", provided
that the alteration will not preclude the structure's continued
designation as a "historic structure."
VARIANCE – means a grant of relief by a community from the terms of a
floodplain management regulation. (For full requirements see
Section 60.6 of the National Flood Insurance Program regulations.)
VIOLATION - means the failure of a structure or other development to be
fully compliant with the community's floodplain management
regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3),
(e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
WATER SURFACE ELEVATION - means 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 riverine areas.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the
jurisdiction of the Village of Capitan.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in the Flood Insurance Rate Map (FIRM) or Flood
Hazard Boundary Map (FHBM), Community Number, 350098 dated June 25,
1976.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance
with the provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its
use changed without full compliance with the terms of this ordinance
and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this ordinance and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions
shall 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.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance 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 man-made or
natural causes. This ordinance 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 ordinance shall
not create liability on the part of the community or any official or
employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made hereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Planning Director of the County of Lincoln is hereby appointed the
Floodplain Administrator to administer and implement the provisions of
this ordinance and other appropriate sections of 44 CFR (Emergency
Management and Assistance - National Flood Insurance Program
Regulations) pertaining to floodplain management.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator 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 ordinance.
(2) Review permit application to determine whether
to ensure that the proposed building site project, including the
placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for
development permits required by adoption of
this ordinance.
(4) Review permits for proposed development to
assure 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 U.S.C.
1334) from which prior approval is required.
(5) 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) the
Floodplain Administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent
communities and the State Coordinating Agency which is the
New Mexico Department of Homeland Security and Emergency Management
(DHSEM), prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency
Management Agency.
(7) Assure that the flood carrying capacity within
the altered or relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been
provided in accordance with Article 3, Section B, the
Floodplain Administrator shall 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 Article 5.
SECTION C. PERMIT PROCEDURES
(1) Application for a Floodplain Development Permit
shall be presented to the Floodplain Administrator on forms furnished
by him/her 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;
(b) Elevation in relation to mean
sea level to which any nonresidential structure shall be floodproofed;
(c) A certificate from a
registered professional engineer or architect that the nonresidential
floodproofed structure shall meet the floodproofing criteria of Article
5, Section B (2);
(d) Description of the extent to
which any watercourse or natural drainage will be altered or relocated
as a result of proposed development.
(e) Maintain a record of all such
information in accordance with Article 4, Section (B) (1).
(2) Approval or denial of a Floodplain Development
Permit by the Floodplain Administrator shall be based on all of the
provisions of this ordinance 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, and 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.
SECTION D. VARIANCE PROCEDURES
(1) The Appeal Board, as established by the
community, shall hear and render judgment on requests for variances
from the requirements of this ordinance.
(2) The Appeal Board 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
Administrator in the enforcement or administration of this
ordinance.
(3) Any person or persons aggrieved by the decision
of the Appeal Board may appeal such decision in the courts of competent
jurisdiction.
(4) The Floodplain Administrator shall maintain a
record of all actions involving an appeal and shall report variances to
the Federal Emergency Management Agency upon request.
(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
ordinance.
(6) Variances may be issued for new construction and
substantial improvements to be erected on a lot of 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 Section C (2) of this Article have been fully considered. As
the lot size increases beyond the 1/2 acre, the technical justification
required for issuing the variance increases.
(7) Upon consideration of the factors noted above
and the intent of this ordinance, the Appeal Board may attach such
conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance (Article 1,
Section C).
(8) Variances shall not be issued within any
designated floodway if any increase in flood levels during the base
flood discharge would result.
(9) 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.
(10) Prerequisites for granting variances:
(a) Variances shall only be
issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(b) Variances shall only be
issued upon: (i) showing a good and sufficient cause; (ii) a
determination that failure to grant the variance would result in
exceptional hardship to the applicant, and (iii) 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.
(c) Any application to which a
variance is granted shall be given written notice that the structure
will be permitted to be built with the 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.
(11) Variances may be issued by a community for new
construction and substantial improvements and for other development
necessary for the conduct of a functionally dependent use provided that
(i) the criteria outlined in Article 4, Section D (1)-(9) are met, and
(ii) 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.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 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
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 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 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
shall be designed to minimize or eliminate infiltration of flood waters
into the system;
(6) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters
into the system and discharge from the systems into flood waters; and,
(7) On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data
has been provided as set forth in (i) Article 3, Section B, (ii)
Article 4, Section B (8), or (iii) Article 5, Section C (3), the
following provisions are required:
(1) Residential Construction - new construction and
substantial improvement of any residential structure shall have the
lowest floor (including basement), elevated to or above the base flood
elevation. A registered professional engineer, architect, or land
surveyor shall submit a certification to the Floodplain Administrator
that the standard of this subsection as proposed in Article 4, Section
C (1) a., is satisfied.
(2) Nonresidential Construction - new construction
and substantial improvements of any commercial, industrial or other
nonresidential structure shall either have the lowest floor (including
basement) elevated to or above the base flood level or 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. A registered
professional engineer or 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 as outlined in this
subsection. A record of such certification which includes the
specific elevation (in relation to mean sea level) to which such
structures are floodproofed shall be maintained by the Floodplain
Administrator.
(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 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 on
separate walls having a total net area of not less than 1 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 1 foot above grade.
(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) Require that all manufactured
homes to be placed within Zone A on a community's FIRM shall be
installed using methods and practices that minimize flood damage.
For the purposes 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) Require that manufactured
homes that are placed or substantially improved within Zones A1-30, AH,
and AE on the community's FIRM 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 a 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 flotation, collapse,
and lateral movement.
(c) Require that manufactured
homes be placed or substantially improved on sites in an existing
manufactured home park or subdivision with Zones A1-30, AH and AE on
the community's FIRM that are not subject to the provisions of
paragraph (4) of this section 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 flotation, collapse,
and lateral movement.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the
placement of manufactured home parks and subdivisions shall be
consistent with Article 1, Sections B, C, and D of this ordinance.
(2) All proposals for the development of
subdivisions including the placement of manufactured home parks and
subdivisions shall meet Floodplain Development Permit requirements of
Article 3, Section C; Article 4, Section C; and the provisions of
Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for
subdivision proposals and other proposed development including the
placement of manufactured home parks and subdivisions which is greater
than 50 lots or 5 acres, whichever is lesser, if not otherwise provided
pursuant to Article 3, Section B or Article 4, Section B (8) of this
ordinance.
(4) All subdivision proposals including the
placement of manufactured home parks and subdivisions shall have
adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the
placement of manufactured home parks and subdivisions shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
SECTION D. SEVERABILITY
If any section, clause, sentence, or phrase of this Ordinance is held
to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of
the remaining portions of this Ordinance.
SECTION E. PENALTIES FOR NON COMPLIANCE
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
court order and other applicable regulations. Violation of the
provisions of this court order by failure to comply with any of its
requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a
misdemeanor. Any person who violates this court order or fails to
comply with any of its requirements shall upon conviction thereof be
fined not more than $500.00 and/or ninety (90) days in jail for each
violation, and in addition shall pay all costs and expenses involved in
the case. Nothing herein contained shall prevent the Village of
Capitan from taking such other lawful action as is necessary to prevent
or remedy any violation.
SECTION F. CERTIFICATION OF ADOPTION
APPROVED:
__________________________________________
Sammy Hammons, Mayor
PASSED: August 12, 2008
ORDINANCE BECOMES EFFECTIVE: August 26, 2008
I, the undersigned, Kay Strickland, do hereby certify that the above is
a true and correct copy of an ordinance duly adopted by the Mayor and
Council, at a regular meeting duly convened on August 12, 2008.
_________________________________
Kay Strickland, Village Clerk
{SEAL}