• TABLE OF CONTENTS
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 Title Page
 Table of Contents
 Introduction
 Section I: Model flood plain managemnet...
 Section II: Definition
 Section III: General provision...
 Section IV: Administration
 Section V: Establishment of zoning...
 Section VI: Floodway districts
 Section VII: Flood fringe...
 Section VIII: Coastal high hazard...
 Section IX: Floodproofing
 Section X: Variances
 Section XI: Nonconforming uses
 Section XII: Subdivision regulations...
 Section XIII: Penalties for...
 Section XIV: Severability






Group Title: Technical paper - State University System of Florida ;, no. 3
Title: The National Flood Insurance Program revisited
CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00072265/00001
 Material Information
Title: The National Flood Insurance Program revisited an updated model ordinance for implementation of its land management criteria
Series Title: Technical paper
Physical Description: 46 p. : ; 28 cm.
Language: English
Creator: Maloney, Frank Edward
Dambly, Dennis C. ( joint author )
Publisher: State University System of Florida, Sea Grant College Program
Place of Publication: Gainesville
Publication Date: 1977
 Subjects
Subject: Insurance, Flood -- United States   ( lcsh )
Flood damage prevention -- Law and legislation -- United States   ( lcsh )
Zoning law -- United States   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
bibliography   ( marcgt )
non-fiction   ( marcgt )
 Notes
Bibliography: Includes bibliographical references.
Statement of Responsibility: by Frank E. Maloney and Dennis C. Dambly.
General Note: "December 1977."
Funding: Technical paper (Florida Sea Grant College) ;
 Record Information
Bibliographic ID: UF00072265
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved, Board of Trustees of the University of Florida
Resource Identifier: aleph - 000990234
oclc - 03993541
notis - AEW7146

Table of Contents
    Title Page
        Title Page 1
        Title Page 2
    Table of Contents
        Table of Contents
    Introduction
        Page 1
        Page 2
    Section I: Model flood plain managemnet ordinance
        Page 3
        Page 4
    Section II: Definition
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
    Section III: General provisions
        Page 16
        Page 17
        Page 18
    Section IV: Administration
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
    Section V: Establishment of zoning districts
        Page 27
    Section VI: Floodway districts
        Page 27
        Page 28
        Page 29
        Page 30
    Section VII: Flood fringe districts
        Page 31
        Page 32
        Page 33
    Section VIII: Coastal high hazard districts
        Page 34
        Page 35
    Section IX: Floodproofing
        Page 36
        Page 37
    Section X: Variances
        Page 38
        Page 39
        Page 40
    Section XI: Nonconforming uses
        Page 41
    Section XII: Subdivision regulations in flood hazard areas
        Page 42
        Page 43
        Page 44
        Page 45
    Section XIII: Penalties for violation
        Page 46
    Section XIV: Severability
        Page 46
Full Text

~<


THE NATIONAL FLOOD INSURANCE PROGRAM REVISITED--AN
UPDATED MODEL ORDINANCE FOR IMPLEMENTATION OF
ITS LAND MANAGEMENT CRITERIA
by
Frank E. Maloney and Dennis C. Dambly
College of Law
University of Florida


TECHNICAL PAPER NO. 3
December 1977


Florida Sea Grant



















THE NATIONAL FLOOD INSURANCE PROGRAM REVISITED--AN
UPDATED MODEL ORDINANCE FOR IMPLEMENTATION OF
ITS LAND MANAGEMENT CRITERIA
by
Frank E. Maloney and Dennis C. Dambly
College of Law
University of Florida


TECHNICAL PAPER NO. 3
December 1977








The information contained in this paper was
developed under the auspices of the Florida Sea Grant
College Program, with support from the NOAA Office of
Sea Grant, U.S. Department of Commerce, grant number
04-7-158-44046. This document is a Technical Paper
of the State University System of Florida Sea Grant
College Program, 2001 McCarty Hall, University of
Florida, Gainesville, FL 32611. Technical Papers
are duplicated in limited quantities for specialized
audiences requiring rapid access to information,
which may be unedited.
















TABLE OF CONTENTS

Page

INTRODUCTION.............................................. 1

SECTION ONE: MODEL FLOOD PLAIN MANAGEMENT ORDINANCE...... 3

SECTION TWO: DEFINITION................................ 5

SECTION THREE: GENERAL PROVISIONS ....................... 16

SECTION FOUR: ADMINISTRATION............................ 19

SECTION FIVE: ESTABLISHMENT OF ZONING DISTRICTS......... 27

SECTION SIX: FLOODWAY DISTRICTS ......................... 27

SECTION SEVEN: FLOOD FRINGE DISTRICTS................... 31

SECTION EIGHT: COASTAL HIGH HAZARD DISTRICTS............. 34

SECTION NINE: FLOODPROOFING............................. 36

SECTION TEN: VARIANCES... .............................. 38

SECTION ELEVEN: NONCONFORMING USES ...................... 41

SECTION TWELVE: SUBDIVISION REGULATIONS IN FLOOD
HAZARD AREAS............................ 42

SECTION THIRTEEN: PENALTIES FOR VIOLATION ............... 46

SECTION FOURTEEN: SEVERABILITY.......................... 46





THE NATIONAL FLOOD INSURANCE PROGRAM REVISITED AN UPDATED MODEL ORDINANCE
FOR IMPLEMENTATION OF ITS LAND MANAGEMENT CRITERIA

BY: Frank E. Maloney* and Dennis C. Dambly**


INTRODUCTION

1
In 1975 a study of the National Flood Insurance Program (NFIP) was under-

taken at the University of Florida's Holland Law Center. The purpose of the

study was to develop a model flood plain zoning ordinance that would be of

assistance to communities in implementing the land management regulations

adopted as a part of the NFIP.

The background, research and results of that study, including a model

ordinance, are set forth in the July 1976 issue of the Natural Resources Jour-
2
nal. The model ordinance was based on the requirements set forth in the

proposed federal regulations appearing in Volume 40 of the Federal Register on

March 26, 1975, at pages 13420-13433.

On October 26, 1976 the Federal Insurance Administration (FIA) published
3
the final land use regulations adopted under the NFIP. Significant differences


*B.A. 1939, University of Toronto; J.D. 1942, University of Florida; Pro-
fessor of Law and Dean Emeritus, University of Florida Law Center, Dean 1958-
1970; Principal Investigator, Water Resources Scientific Information Center of
Competence in Eastern Water Law.
**B.S. Engr. 1970, University of South Florida; M.B.A. 1972, University of
South Florida; J.D. 1974, University of Florida; Director, Water Resources
Scientific Information Center of Competence in Eastern Water Law 1975-76; pre-
sently Attorney with U.S. Nuclear Regulatory Commission; Associate Investigator
on this project.
The preparation of this article has been supported by the Florida Depart-
ment of Natural Resources and the National Oceanic and Atmospheric Administra-
tion Sea Grant Program. Since this work results in part from research spon-
sored by NOAA Office of Sea Grant, U.S. Dep't of Commerce, under Grant Nos.
04-5-158-44 and R/L-2, the United States Government is authorized to produce
and distribute reprints for governmental purposes notwithstanding any copyright
notation that may appear hereon.


1. 42 U.S.C.A. 4001-4128 (1973).
2. Maloney and Dambly, The National Flood Insurance Program--A Model Or-
dinance For Implementation of Its Land Management Criteria, 16 Nat, Res. J.
665 (1976).
3. 41 Fed. Reg. 46962-46992 (1976).







between the proposed and final regulations led to requests that the model or-

dinance.be updated. The entire updated model ordinance and commentary thereto

are set forth below."

Some of the changes suggested in the original article in Volume 16 of

the Natural Resources Journal were adopted in the final federal regulations

as noted in the accompanying commentary. For example, the final federal

regulations now define "habitable floor" as any floor "usable" for living

rather than "used" for living.

Citations appearing in the commentary are to the final federal regula-

tions appearing in Volume 41 of the Federal Register on October 26, 1976,

at pages 46962-46992.






It is suggested that any community planning to utilize the updated model
ordinance read the Natural Resources Journal article to assure a complete
understanding of the purpose of all the provisions contained in the model.




4. At the time that this update is being published, Congress has passed
an amendment to the Flood Disaster Protection Act of 1973 (Act of December 31,
1973, Pub. L. No. 93-234, 87 Stat. 983) that greatly reduces the incentives
for a community to enter the NFIP, The amendment is a part of the Housing and
Community Development Act of 1977" and would allow private lending institu-
tions [banks, savings and loan associations, etc.] to make mortgage loans in
communities that had not entered the program as long as they notified the pur-
chaser that he was building in a flood plain.""

* (Act of October 12, 1977, Pub. L. No. 95-128, 91 Stat. 1111)

However, if a community chose to enter the program so that its residents
could obtain flood insurance, the community would still have to adopt a flood
plain ordinance complying with the federal regulations.










MODEL FLOOD PLAIN MANAGEMENT ORDINANCE

SECTION ONE. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJEC-
TIVES.

1.1 Statutory Authorization

The Legislature of the State of ____ has in
(state)
delegated the responsibility to local governmental
(statutes)
units to adopt regulations designed to minimize flood and associated losses.

Pursuant thereto, the of


(governing body)
,does ordain as follows:


(local unit)


(state)

1.2 Findings of Fact

[(a) Areas of ,, have been
(local unit) (state)
designated by the Federal Insurance Administration as flood hazard areas

eligible to participate in the National Flood Insurance Program;]

[(b) The regulations adopted by the Federal Insurance Administration

under the authority of the National Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., as amended, require that participating communities adopt

legislation designed to regulate flood plain development;]

(c) The flood hazard areas of are subject
(local unit)
to periodic inundation which results in loss of life and property, health

and safety hazards, disruption of commerce and governmental services,

extraordinary public expenditures for flood protection and relief, and

impairment of the tax base all of which adversely affect the public health,

safety and general welfare;

(d) Flood and associated losses are caused in part by the occupancy

of flood hazard areas by uses which are vulnerable to damage by floods or


L







eros i on.


1.3 Statement of Purpose

It is the purpose of this ordinance to provide a uniform basis for the

preparation and implementation of sound flood plain management regulation

and to further the stated objectives.

(These provisions were modeled after USWRC-Vol. 1, p. 521, 1.0-1.3.

The material contained in the brackets in 1.2 (a), (b) should not be inserted

unless the adopting community will be participating in the National Flood

Insurance Program.)

1.4 Objectives

The objectives of this ordinance are:

(a) To protect human life and health;

(b) To minimize expenditure of public monies for costly flood control

projects;

(c) To minimize the need for rescue and relief efforts associated

with flooding and generally undertaken at the expense of the general public;

(d) To minimize prolonged business interruptions;

(e) To minimize damage to public facilities and utilities such as water

and gas mains, electric, telephone and sewer lines, and streets and bridges

located in flood plains;

(f) To help maintain a stable tax base by providing for sound use and

development of flood prone areas in such a manner as to minimize future flood

blight areas;

(g) To insure that potential land and home buyers are notified that

property is in a flood hazard area; and,

[ (h) To qualify property owners for the insurance and subsidies provided

by the National Flood Insurance Program.]








(These objectives are modeled after those laid out in the Wisconsin

Flood Plain Management Program, Ch. NR 116 116.03, Wisconsin Administrative

Code. The provisions therein seemed to be the most comprehensive and force-

ful of those statements of purpose examined. The modifications made of the

Wisconsin objectives have generally been with the goal of achieving greater

specificity and impact. The bracketed material should again be deleted if a

community is not planning to enter the NFIP.)


SECTION TWO. DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance

shall be interpreted so as to give them the meaning they have in common usage

and to give this ordinance its most reasonable application.

(Note: Those definitions which have been taken verbatim or almost verbatim

from 41 Fed. Reg. 1909.1 (1976) are indicated by double asteriks (**) and will

not be further commented on except as noted.)

(1) Accessory use: A use of a nature customarily subordinate or inci-

dental to, and located on the same parcel as, the principle use of any struc-

ture or property.

(This definition is taken from USWRC-Vol. 1, p. 535, 10.)

**(2) Area of shallow flooding: That land within a flood fringe area with

base flood depths from one to three feet where a clearly defined channel does

not exist and where the path of flooding is unpredictable and indeterminate.

(The federal definition adds to the end of the above the phrase "and

where velocity flow may be evident". That phrase is intended to cover VO

zones on a community's Flood Insurance Rate Map. Without the additional

phrase, the definition is applicable to AO zones.

Section 1914.3(a)(1) of the final federal regulations defines an AO zone








as an "area of special flood hazards having shallow water depths and/or un-

predictable flow paths between (1) and (3) ft." The definition of a VO zone

is the same as the definition of an AO zone except the words "and with velocity"

are added to the end of the definition.

The final federal regulations impose requirements within AO zones but have

no provisions applying to VO zones. Discussions with FIA officials indicate

that they do not plan to designate any VO zones, and thus no requirements

were adopted applying to such zones.)

*'(3) Area of special flood hazard: That land within a community in the

flood plain which is subject to a one percent (1%) or greater chance of

flooding annually.

(4) Breakaway walls within the meaning of Section 8.2 (a)(3) shall in-

clude but not be limited to any type of walls, whether solid or lattice, and

whether constructed of concrete, masonry, wood, metal, plastic or any other

suitable building materials, which are not part of the structural support of

the building and which are so designed as to break away, under abnormally high

tides or wave action, without damage to the structural integrity of the build-

ing on which they are used or any buildings to which they might be carried by

flood waters.

(This definition is designed as a general guideline for what constitutes

a breakaway wall. One problem encountered in preparing the ordinance and

this particular definition is that there are presently no engineering standards

available for design of breakaway walls.)

**(5) Coastal high hazard area: That portion of the flood plain having

special flood hazards that is subject to high velocity waters, including but

not limited to hurricane wave wash and tsunamis.










(6) Density of residential development: The maximum number of residen-

tial units which may be constructed on a given amount of land under the existing

zoning classification of that land, without consideration of the provisions of

this ordinance.

(This definition was formulated to clarify the density transfer pro-

visions of Section 12.3(b).)

**(7) Development: Any man-made change to improved or unimproved real

estate, including but not limited to buildings or other structures, mining,

dredging, filling, grading, paving, excavation or drilling operations.

-'*(8) Existing mobile home park or subdivision: A parcel or contiguous

parcels of land divided into two or more mobile home lots for rent or sale

for which the construction of facilities for servicing the lot on which the

mobile home is to be affixed is completed prior to the effective date of this

ordinance. Such facilities for servicing the lot include at a minimum, the

installation of utilities, either final site grading or the pouring of con-

crete pads, and the construction of streets.

**(9) Expansion of an existing mobile home park or subdivision: The pre-

paration of additional sites by the construction of facilities for servicing

the lots on which the mobile homes are to be affixed, including the installa-

tion of utilities, either final site grading or pouring of concrete pads, or

the construction of streets, in a mobile home park or subdivision existing on

the effective date of this ordinance. ["Expansion of an existing mobile home

park or subdivision" shall not include the rental, sale, or lease of any

mobile home lot which is ready for use or occupancy on the effective date of

this ordinance and is located within a mobile home park or subdivision existing











on the effective date of this ordinance.1

(The original model ordinance contained a definition similar to that set

forth above, even though the proposed federal regulation did not. The final

federal regulations contain the above definition except for the bracketed

sentence which is still suggested for inclusion to further clarify the federal

definition.)

(10) Fair market value: The fair market value of property or structures,

as used in the definition of "substantial improvement" shall mean, the value

as determined by the tax assessor, either (a) before the improvement was start-

ed, or (b) if the structure has been damaged and is being restored, before the

damage occurred.

(This definition has been extracted from the federal definition of "sub-

stantial improvement," with the addition of the qualifier "fair" to the

federal term "market value." 41 Fed. Reg. 1909.1 (1976).)

**(11) Flood or flooding:

(1) A general and temporary condition of partial or complete in-

undation of normally dry land areas from:

(a) the overflow of inland or tidal waters, or

(b) the unusual and rapid accumulation or runoff of surface

waters from any source.

(2) The collapse or subsidence of land along the shore of a lake

or other body of water as a result of erosion or undermining caused by waves

or currents of water exceeding anticipated cyclical levels or suddenly caused

by an unusually high water level in a natural body of water, accompanied by

a severe storm or force of nature, such as a flash flood or an abnormal tidal










surge, or by some similarly unusual event which results in flooding as de-

fined in (a) above.

(The provisions in the federal definition referring to mudslides have

been deleted and the phrases "unanticipated force of nature" and "unforesee-

able event" have been altered to eliminate the words "unanticipated" and "un-

Foreseeable" because it was felt that a problem might arise where flash floods,

etc., were forecast and therefore anticipated or foreseen the results should

still be considered floods.)

(12) Flood control works: Any man-made construction, such as a dam,

levee, groin or jetty designed to alter the flood potential of the body of

water on or adjacent to which it is built.

(The final federal regulation contains a similar, although somewhat longer

definition for the term "flood protection system" which could be substituted if

so desired.)

(13) Flood Fringe Area: That area of the flood plain, including areas

of shallow flooding, not required to carry and discharge the regulatory flood

waters, nor within the Coastal High Hazard Area, but still lying within the

area of special flood hazard.

**(14) Flood plain: Any normally dry land area that is susceptible to

being inundated by waters from any source (see definition of flooding).

**(15) Floodproofing: A combination of structural and/or non-structural

additions, changes, or adjustments to properties or structures subject to

flooding which will reduce or eliminate flood damages to properties, water

and sewer facilities, or structures and their contents.

(16) Floodway: The channel of a river or other watercourse and the











adjacent land areas that must be reserved in order to discharge the 100-year

flood without cumulatively increasing the water-surface elevation more than

one foot at any one point.

("Floodway" and "flood fringe" have become, by general usage, the accepted

terms designating the two sections of varying hazard within the flood plain

of the regulatory flood. The definition here provided is one adopted from

provisions found in the model ordinances of several states, including, among

others:

ILLINOIS Guides for Flood Plain Regulation (Department of Local Govern-

ment Affairs), PMS 74-2 (1974);

OHIO Model Flood Plain Zoning Regulations (Department of Natural Re-

sources, Division of Planning: Water Resources Planning Section); and

OREGON Flood Plain Management for Oregon Cities and Counties (Bureau

of Governmental Research and Service, University of Oregon and Oregon State

Water Resources Board) (1971) with the additional exclusion of the Coastal

High Hazard Area which would not be required in an ordinance restricted to

riverine conditions.

Evidently, much confusion exists over the "one foot" provision in the

federal definition of "floodway." The federal regulations do not allow uses

in the floodway which will cumulatively raise the 100-year flood elevation

by a maximum of one foot. Consultations with the FIA and the Corps of Engineers

confirmed that the one foot increase is used in the initial determination of

the floodway itself and is not meant.to allow a subsequent heightening of the

100-year flood elevation, once the limits of the floodway have been so set.

That is, in order to determine that portion of the flood plain which will be








designated as the floodway, one begins at the outer limits of the flood plain

and assumes full development inward, toward the river or stream channel, on

both sides of the flood hazard area, until the point is reached where develop-

ment will cause the 100-year flood elevation to rise by one foot. The area

remaining between this boundary and the channel is the floodway, and because

any further development here would necessarily increase the 100-year flood

elevation by more than one foot, no such development can be countenanced.)

**(17) Habitable floor: Any floor usable for living, which includes

working, sleeping, eating, cooking or recreation, or any combination thereof.

A floor used only for storage purposes is not a habitable floor.

(The final federal regulations incorporate the suggestion contained in

the original model ordinance that the standard for determining a "habitable

floor" should be whether such floor is "usable for" rather than "used for"

living purposes.)

(18) Mean high water: A tidal datum, determined by taking the arith-

metic mean of the high water heights observed over a specific 19-year Metonic

cycle (the National Tidal Datum Epoch).

(19) Mean high water line: The intersection of the land with the water

surface at the elevation of mean high water.

(20) Mean low water: A tidal datum, determined by taking the arith-

metic mean of the low water heights observed over a specific 19-year Metonic

cycle (the National Tidal Datum Epoch).

(21) Mean low water line: The intersection of the land with the water

surface at the elevation of mean low water.

(These definitions are based on those provided by the National Ocean

Survey, National Oceanic & Atmospheric Administration: Tide & Current Glossary








(Washington, D.C., 1975). Similar definitions may also be found in the

Florida Coastal Mapping Act of 1974, FLA. STAT. 177.27 (15)-(18).

'-'-'(22) Mean sea level: The average height of the sea for all stages of

the tide.

**(23) Mobile home: A structure, transportable in one or more sections,

which is built on a permanent chassis and designed to be used with or without

a permanent foundation when connected to the required utilities. It does not

include recreational vehicles or travel trailers.

**(24) New construction: Those structures for which the start of con-

struction commenced on or after the effective date of this ordinance.

**(25) Person: Any individual or group of individuals, corporation, part-

nership, association, or any other entity including state and local governments

and agencies thereof.

**(26) Regulatory flood: For purposes of this ordinance, a flood event

having a 1% chance of occurring in any given year, although the flood may

occur in any year, i.e., the 100-year flood.

(Thir incorporates the ICV-year flood as the standard; however, a dif-

ferent level could be adopted if desired. The 100-year flood is the standard

being adopted by the National Flood Insurance Program and is therefore the

minimum for anyone desiring to enter the program.)

(27) Regulatory flood elevation: The crest elevation in relation to

mean sea level expected to be reached by the regulatory flood at any given

point in an area of special flood hazard.

**(28) Start of construction:

(a) The first placement of permanent construction of a structure,

other than a mobile home, on a site, such as pouring of slabs or footings or









any work beyond the stage of excavation. Permanent construction does not in-

clude land preparation such as clearing, grading, or filling; nor does it

include the installation of streets or walkways; nor does it include excavation

for a 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.

(b) For a structure, other than a mobile home, without a basement

or poured footings, the start of construction includes the first permanent

framing or assembly of the structure of any part thereof on its piling or

foundation.

(c) For mobile homes not within a mobile home park or subdivision,

"start of construction" means the affixing of the mobile home to its permanent

site.

(d) For mobile homes within mobile home parks or subdivisions

"start of construction" is the date on which the construction of facilities

for servicing the site on which the mobile home is to be affixed is completed.

Such facilities for servicing the site include at a minimum, the construction

of streets, either final site grading or the pouring of concrete pads, and the

installation of utilities.

(The above ends the federal definition for "start of construction".)

[(e) For any residential development, such as a mobile home park

or subdivision, which has received the necessary approval from federal, state,

and local authorities, the start of construction of the first unit shall be

deemed to constitute the start of construction for the entire development.

However, the construction deemed to have been so begun must be completed









within n years, and if construction of the development is under-

taken in phases, then the start of construction of each phase will be deemed

to have taken place independently of the start of construction of any other

phase. Any construction not completed within years shall be
(no.)
deemed new construction and shall be regulated as such in compliance with the

provisions of this ordinance.1

(The above paragraph (e) should not be used if a community is adopting

this ordinance to comply with the NFIP. The paragraph was added to the model

because it was felt that the federal definition was too restrictive and would

be subject to attack under the doctrine of equitable estoppel. See generally,

49 ALR 13, Retroactive Effect of Zoning Regulation (1973), 28 AM.JUR. 2d

Estoppel & Waiver 81-113 (1966). See also Sakolsby v. City of Coral Gables,

151 So. 2d 433 (Fla. 1963); Bregar v. Britton, 75 So. 2d 753 (Fla. 1954); Town

of Largo v. Imperial Homes Corp., 309 So. 2d 571 (2d D.C.A. Fla. 1975). By the

time a developer has cleared his land, drawn up plans, put in roads, obtained

permits, etc., it would appear that substantial reliance has been placed on

the previous zoning of the property and to treat the start of construction of

each individual home as a separate start raises serious legal questions.)

**(29) Structure: A walled and roofed building, including a gas or

liquid storage tank, that is principally above ground, as well as a mobile

home. The words "building" and "structure" shall have the same meaning for

the purpose of this ordinance.

(The final federal definition set forth above represents an expansion of

the proposed definition which excluded "gas or liquid storage tanks". This

final definition is In line with the suggestion made in the original model

ordinance that the definition be expanded to cover all construction that













would normally be considered a structure.)

(30) Subdivision: (Put in the appropriate statutory definition.)

*-'(31) Substantial improvement: Any repair, reconstruction, improvement

or alteration of a structure, the cost of which equals or exceeds 50% of the

fair market value of the property or structure.

r"Substantial improvement" shall also mean any combination of repairs,

improvements, reconstruction or alterations taking place within a period of

years any of which alone has a cost less than but which together
(no.)
have a cost equal to or exceeding 50% of the fair market value of the property

or structure.l

Substantial improvement is considered to have occurred when the first

alteration in any wall, ceiling floor or other structural part of the build-

ing commences, whether or not that alteration affects the external dimensions

of the structure.

The term does not include a project for improvement of a structure to

comply with existing state or local health, sanitary or safety code specifi-

cations which are solely necessary to assure safe living conditions nor does

it include any alteration of a structure listed on the National Register of

Historic Places or a State Inventory of Historic Places.

(The bracketed words have been added to the definition in order to plug

a loophole in the federal definition. Since there is no time limit set in

the federal version, it would be possible for a person to subvert the intent

of the ordinance by making a series of "unsubstantial improvements" which in

a short period of time could conceivably double or triple the value of the







structure. Also "market value" has been removed from this definition and

redefined as "fair market value" earlier in this section.)

(32) Variance: A grant of relief to a person from the requirements

of this ordinance which permits construction in a manner otherwise pro-

hibited by this ordinance where specific enforcement would result in un-

necessary hardship.


SECTION THREE. GENERAL PROVISIONS

3.1 Lands to which this Ordinance applies

This ordinance shall apply to all lands within the jurisdiction of

that are depicted on the
(local unit)
Official Zoning Map as being a Floodway, Flood Fringe or Coastal High

Hazard District.

(This provision was modeled after USWRC-Vol. 1, p. 522, 2.1. The

three districts correspond to the districts depicted on the Insurance Rate

Maps supplied by the federal government which show the flood plain, flood-

way and coastal high hazard districts. The flood fringe district is that

part of the flood plain outside the floodway and coastal high hazard areas.

A local community could utilize the federal information or could extend the

area coverage beyond that covered by the federal maps.)

3.2 Establishment of Official Zoning Map

The Official Zoning Map for together with all
(local unit)
explanatory matter thereon and attached thereto on the effective date of this

ordinance is hereby adopted by reference and declared to be a part of this

ordinance.

(This provision is modeled after USWRC-Vol. 1, p. 522, 2.2.)








3.3 Interpretation of District Boundaries

The boundaries of the Flood Plain District shall be determined by scien-

tific and engineering studies and the results thereof shall be plotted on

the Official Zoning Map for ______. Boundaries for
(local unit)
construction or use restrictions set forth within this ordinance shall be

determined by scaling distances on the Official Zoning Map. Where inter-

pretation is needed in order to allow a surveyor to locate the exact boun-

daries of the district as shown on the Official Zoning Map, the Flood Plain

Administrator shall initially make the necessary interpretation based on

flood profile information. The decision of the Flood Plain Administrator

shall be subject to appeal to the Board of Adjustment in accordance with

Section 4.7.

(This provision is modeled after USWRC-Vol. 1, p. 522, 2.3 but has been

altered somewhat to conform to the remainder of this ordinance.)

3.4 Compliance

No structure or land shall hereafter be located, extended, converted or

structurally altered without full compliance with the terms of this ordinance

and other applicable regulations.

3.5 Abrogation and Greater Restrictions

This ordinance is not intended to repeal, abrogate or impair any exist-

ing easement, covenants or deed restrictions. However, where this ordinance

and another conflict or overlap, whichever imposes the more stringent re-

strictions shall prevail.

(The validity of this provision has been expressly recognized in the

final federal regulations which state: "Therefore, any flood plain management

regulations adopted by a State or community which are more restrictive than










the criteria set forth in this Part are encouraged and shall take precedence."

1910.1 (d))

3.6 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 or repeal any

other powers granted under the state statutes.

(This provision is modeled after USWRC-Vol. 1, p. 523, 2.4-2.6)

3.7 Warning and Disclaimer of Liability

The degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance does

not imply that areas outside of flood hazard districts or land uses permitted

within such districts will be free from flooding or flood damages. This

ordinance shall not create liability on the part of _____
(local unit)
or any officer or employee thereof for any flood damages that result from

reliance on this ordinance or any administrative decision lawfully made there-

under.

(This provision is based upon Section 5 of Rule Number FPM-I promulgated

by the Indiana National Resources Commission which is somewhat similar to

USWRC-Vol. 1, p. 523, 2.7.)







SECTION FOUR. ADMINISTRATION


4.1 Flood Plain Administrator

Pursuant to the shall appoint
(statute) (local governing body)
a Flood Plain Administrator [who shall be a registered professional engineer

of .1 Said Administrator shall be appointed for
(state)
____ __ years to implement the elevation and flood proofing pro-
(number)
visions of this ordinance, and to carry on such other duties as are assigned

to him herein.

(This provision is modeled after USWRC-Vol. 1, p. 27, 6.1. The official's

designation has been changed to "Flood Plain Administrator," since it has been

noted by various sources during the development of the model ordinance, that

this ordinance requires procedures distinct from those normally attributed to

a local "zoning" ordinance. Rather than place responsibility for review of

the applications on an already existing Building Inspector or County Engineer,

as in the flood plain zoning ordinances found in Galveston, Texas, and Sierra

Vista, Arizona, it was felt that designation of a specific official, the

Flood Plain Administrator, would be more appropriate, since the Flood Plain

Ordinance imposes rather technical and special conditions for building in the

flood hazard area. Especially in Florida, there are large portions of land

within this area, and the responsibility for the regulatory provisions of the

Ordinance should be placed with an official who has both the expertise and

time to give adequate consideration to the problems raised. For this reason,

it has been further suggested that the Flood Plain Administrator be a quali-

fied, registered engineer. If, however, it is felt that the ordinance could

be adequately administered by someone other than an engineer, the bracketed

words could be deleted.)









4.2 Flood Plain Construct;on Authorization (FPCA) Permit

(a) An FPCA Permit issued by the Flood Plain Administrator in conformity

with the provisions of this ordinance shall be secured prior to the erection,

addition or alteration of any building or structure or portion thereof within

the permitted area prior to the change of use of a building, structure, or

land; and prior to the change or extension of a nonconforming use.

(b) Application for an FPCA Permit shall be made to the Flood Plain Ad-

ministrator on forms furnished by him and shall include the following where

applicable: plans in duplicate drawn to scale showing the nature, location,

dimensions and elevations of the area in question in relation to mean sea

level; existing or proposed structures, fill, storage of materials; and the

location of the foregoing, where applicable, in relation to mean high tide

levels, drainage facilities, the regulatory flood protection elevation, and

any applicable flood hazard district boundaries.

(This provision is modeled after USWRC-Vol. 1, p. 527, 6.2.)

(c) Such application shall be acted upon and notice of the action taken

shall be given to the applicant within days.
(no.)
Any appeal of the denial of an application for an FPCA Permit must

be made to the Board of Adjustment within 30 days of notice of the denial

to the applicant.

(e) Approval of an application shall result in the issuance of an

FPCA Permit.

4.3 Construction and Use to be as Provided in Application, Plans, and Permits

FPCA permits or special exception permits issued on the basis of approved

plans and applications authorize only the use, arrangement, and construction








set forth in such approved plans and applications, and no other use, arrange-

ment or construction. Any use, arrangement, or construction at variance with

that authorized shall be deemed a violation of the ordinance, and enjoinable

or punishable as provided by Section 13.

(This provision is modeled after USWR-Vol. 1, p 528, 6.24.)

4.4 Building Permits

Whenever a building permit shall be required under the provisions of

this ordinance, such permit shall be procured in accordance with ___
(statutory
In addition to factors and requirements therein
authority)
provided, the issuer shall also require, where applicable, presentation of a

valid FPCA Permit prior to the issuance of the building permit. The con-

ditions, plans, etc., attached to the issuance of the FPCA Permit shall

thereafter become part of the building permit.

(Procedurally, it is contemplated that the requirements for construction

within the flood plain will be incorporated into those provisions previously

established by the particular community for building within its jurisdiction.

Obtaining the initial FPCA Permit does not eliminate the need to fulfill all

other prerequisites for obtaining a building permit. However, when the

building permit itself has been obtained, the FPCA Permit should become in-

corporated into it, so that compliance with its terms shall be subject to

the continued supervision offered by the building permit procedures already

in effect. Thus the certification of compliance generally required to be

offered by an architect or engineer after completion of the structure will

include, by reference, certification of compliance with the terms of the FPCA

Permit. It is felt that in this way the most complete implementation of the

goals of the Flood Plain Ordinance will be effected, without creating any un-









due burden of administration or leadership on either the applicant or the

municipality.

Where an adopting community for any reason does not wish to designate

separate flood plain administration procedures, implementation of the sub-

stantive provisions of this ordinance may be simplified by utilizing whatever

type of local enforcement is already available.)

4.5 Board of Adjustment

A Board of Adjustment is hereby established which shall consist of

___members to be appointed by the for a
(no.) (legislative body)
term of years as specified in Section of the
(no.)
statutes.

(This provision is modeled after USWRC-Vol. 1, p. 528, 6.3.)

4.6 Powers and Duties of the Board

(a) The Board of Adjustment shall adopt rules for the conduct of busi-

ness and may exercise all of the powers conferred on such boards by state law.

(b) The Board shall hear and decide appeals from the denial of FPCA

Permits.

(c) The Board shall hear and decide appeals when it is alleged there is

error in any requirement, decision or determination made by an administrative

official in the enforcement or administration of this ordinance.

(d) The Board shall hear and decide applications for Special Exceptions

upon which it is authorized to pass under this ordinance.

(e) The Board may authorize, upon appeal from a decision of the Flood

Plain Administrator, a variance from the requirements of this ordinance in

cases which fall within the provisions of Section 10.

(f) The Board shall interpret the boundaries of the Flood Hazard Dis-

tricts on appeal from a decision of the Flood Plain Administrator.

22








4.7 Hearings and Decisions of the Board of Adjustment

(a) Upon the filing with the Board of Adjustment of an appeal from a

decision of the Flood Plain Administrator, an application for a Special

Exception permit, or an application for a Variance, the Board shall hold a

public hearing. The Board shall fix a reasonable time for the hearing and

give public notice thereof as well as due notice to parties in interest.

At the hearing any party may appear in person or by agent or attorney and

present written and oral evidence for the record which he may have transcribed

by a court reporter. The written transcript, if presented to the Board by

the appellant, shall be part of the record.

(b) The Board shall arrive at a decision on an appeal, Special Exception,

or Variance within 30 days after the hearing. In passing upon an appeal the

Board may in conformity with the terms of this ordinance reverse or affirm,

wholly or in part, or modify the order, requirement, decision or determina-

tion appealed from. The decision shall be in writing setting forth the

findings of fact and rationale of the Board. In granting Special Exceptions

or Variances, the Board may attach appropriate conditions and safeguards

which promote the objectives of this Ordinance. Violation of such conditions

and safeguards shall be deemed violations of this Ordinance punishable under
Section 13.

(c) Appeals from any decision of the Board may be taken by any person

or persons, jointly or separately, aggrieved by any decision of the Board,

or any taxpayer, or any officer, department, board or bureau of the

to the
(local government unit) (name of appropriate court)
as provided in
(statute)
(This provision is modeled after USWRC-Vol. 1, p. 529-30, 6.4. It

includes a very broad standing provision which could be narrowed if desired.









In addition the 30-day period could be expanded to 60 days if a community

feels that the 30-day limit would result in haphazard decisions.)

4.8 Special Exceptions

(a) Applications for uses requiring Special Exception permits shall

be submitted to the Flood Plain Administrator on forms furnished by him.

Upon receipt of the properly completed application, the Administrator shall

submit it to the Board. The application shall contain the following infor-

mation and any additional information requested by the Board:

(1) A map in duplicate, drawn to scale, showing mean high water,

and mean low water and coastal construction setback lines where applicable,

dimensions of the lot, existing structures and uses on the lot and adjacent

lots, soil type, dunes and natural protective barriers, if applicable, existing

flood control and erosion control works, existing drainage elevations and

ground contours, location and elevation of existing streets, water supply,

and santitary facilities, and other pertinent information.

(2) A preliminary plan showing the approximate dimensions, ele-

vation and nature of the proposed use; amount, area and type of proposed fill;

area and nature of proposed grading or dredging; proposed alteration of dunes,

beaches or other natural protective barriers if applicable; proposed roads,

sewers, water and other utilities; specifications for building construction

and materials including floodproofing.

(b) The Board shall transmit one copy of the information described in

Section 4.8(a) to the ____engineer for technical assistance in
(local unit)
evaluating the proposed project in relation to flood heights and velocities,

threatened erosion or wave action, the adequacy of drainage facilities, and

other technical matters.








(c) The Board shall determine the specific flood or erosion hazard at

the site and shall evaluate the suitability of the proposed use in relation

to the flood hazard, and, if a permit is to be issued, may attach appropriate

conditions.

In passing upon such applications, the Board shall consider the tech-

nical evaluation of the engineer, all relevant factors, and standards speci-

fied in other sections of this ordinance, and:

(1) The danger to life and property due to flooding or erosion

damage.

(2) The danger that materials may be swept onto other lands to

the injury of others.

(3) The proposed water supply and sanitation systems and the

ability of these systems to prevent disease, contamination and unsanitary

conditions.


(4) The

to flood damage and

(5) The

to the community.

(6) The


susceptibility of the proposed facility and its contents

the effect of such damage on the individual owner.

importance of the services provided by the proposed facility



necessity to the facility of a waterfront location, where


applicable.


(7) The availability of alternative locations, not subject to

flooding or erosion damage for the proposed use.

(8) The compatibility of the proposed use with existing develop-

ment and development anticipated in the foreseeable future.


(9) The relationship of the

plan and flood plain management program


proposed use to the comprehensive

for the area.









(10) The safety or access to the property in times of flood for

ordinary and emergency vehicles.

(11) The expected heights, velocity, duration, rate of rise and

sediment transport of the flood waters and the effects of wave action, if

applicable, expected at the site.

(12) The costs of providing governmental services during and after

flood conditions including maintenance and repair of public utilities such

as sewer, gas, electrical and water systems, and streets and bridges.

(This provision Is modeled after USVrRC-Vol. 1, p. 531-32, 6.53. In

some states including Florida, additional consideration must be made of the

provisions of Beach and Shore Preservation Acts, see e.g., FLA. STAT. Ch. 161,

(1971) particularly FLA. STAT. 161.052 establishing coastal construction set-

back lines.)

(d) The Board shall hold a hearing on an application for a special

exception to Section 4.7 of this Ordinance within 30 days from receiving the

application.

(This provision is based on USWRC-Vol. 1, p. 532, 6.54, with the in-

sertion of "30 days" as the requisite time limitation.)

(e) Upon consideration of the factors listed above and the purposes

of this Ordinance, the Board may attach such conditions to the granting of

Special Exceptions or Variances as it deems necessary to further the purposes

of this Ordinance.

(This provision is generally based on USWRC-Vol. 1, p. 532, 6.55. How-

ever, enumeration of specific conditions which might be imposed by the Board

was specifically omitted. Such enumeration is not necessary to further the

clear intent of the ordinance, and might serve to limit the creative and

imaginative use of property, which it is hoped this ordinance will encourage.)










SECTION FIVE. ESTABLISHMENT OF ZONING DISTRICTS

The areas within the jurisdiction of
(local unit)
having special flood hazards are hereby divided into three types of Flood Hazard

Districts: Floodway Districts (FWD), Flood Fringe Districts (FFD), and Coastal

High Hazard Districts (CHHD). The boundaries of these districts shall be

designated on the Official Zoning Map.

(This provision is modeled after USWRC-Vol. 1, p. 524, 3.0.)


SECTION SIX. FLOODWAY DISTRICTS (FWD)

6.1 Applicability

The provisions of this section shall apply to all areas designated as

FWD's on the Official Zoning Map.

*6.2 Requirements within a FWD

(a) Within a designated FWD, all fill, encroachments, new construction,

substantial improvements or other development shall be prohibited, except

as otherwise provided herein as a special or permitted use.

(This provision is modeled after 41 Fed. Reg. 1909.3(d)(3) and is

designed to prevent future development in floodways to as great an extent as

possible. Since floodways are required to carry the water in the event of a

flood, they should be limited as far as possible to open space uses.)

*(b) The construction of any portion of a new mobile park or subdivision,

the expansion of an existing mobile home park or subdivision or the location

of any new mobile home not in a mobile home park or subdivision is prohibited

in any FWD.

(This provision is modeled after 41 Fed. Reg. 1909.3(d)(4). It is

designed to prevent location of mobile homes in areas subject to high velocity










SECTION FIVE. ESTABLISHMENT OF ZONING DISTRICTS

The areas within the jurisdiction of
(local unit)
having special flood hazards are hereby divided into three types of Flood Hazard

Districts: Floodway Districts (FWD), Flood Fringe Districts (FFD), and Coastal

High Hazard Districts (CHHD). The boundaries of these districts shall be

designated on the Official Zoning Map.

(This provision is modeled after USWRC-Vol. 1, p. 524, 3.0.)


SECTION SIX. FLOODWAY DISTRICTS (FWD)

6.1 Applicability

The provisions of this section shall apply to all areas designated as

FWD's on the Official Zoning Map.

*6.2 Requirements within a FWD

(a) Within a designated FWD, all fill, encroachments, new construction,

substantial improvements or other development shall be prohibited, except

as otherwise provided herein as a special or permitted use.

(This provision is modeled after 41 Fed. Reg. 1909.3(d)(3) and is

designed to prevent future development in floodways to as great an extent as

possible. Since floodways are required to carry the water in the event of a

flood, they should be limited as far as possible to open space uses.)

*(b) The construction of any portion of a new mobile park or subdivision,

the expansion of an existing mobile home park or subdivision or the location

of any new mobile home not in a mobile home park or subdivision is prohibited

in any FWD.

(This provision is modeled after 41 Fed. Reg. 1909.3(d)(4). It is

designed to prevent location of mobile homes in areas subject to high velocity








waters, thereby preventing damage to the mobile home themselves and to other

structures which could be damaged by floating mobile homes in the event of

flooding.)

(c) In the event that a mobile home location or relocation does not fall

within the provisions of Section 6.2(b), the location or relocation shall be al-

lowed provided that:

(1) Any mobile home site rental or leasing agreement or any contract

for or deed of sale clearly states that the land in question has been designated

as part of a floodway district and may be subject to flooding;

(This provision was included in the original ordinance. The final

federal regulations suggest that its inclusion is encouraged. Section 1910.22

"Planning considerations for flood-prone areas" provides that communities should

consider:

"(c)(3) Full disclosure to all prospective and interested parties

(including but not limited to purchasers and renters) that (i) certain structures

are located within flood-prone areas...")

(2) Any mobile home moved into or relocated within an existing

mobile home park or subdivision shall be anchored in such manner as to resist

flotation, collapse or lateral movement in the event of flooding. The requi-

site anchoring shall be accomplished by:

(i) over-the top ties at each of the four corners of the
mobile home, with two additional ties per side at intermediate

locations, except that mobile homes less than 50 feet long shall

only require one additional tie; and

(ii) frame ties at each corner of the mobile home with five

additional ties at intermediate points, except that mobile homes

less than 50 feet long shall only require four additional ties;

28









(iii) using only ties capable of carrying a force of 4800

pounds; and

(iv) similarly anchoring any additions to the mobile home.

(This provision has been changed to coincide with 1910.3(b)(8)

of the final federal regulations.)

(3) The owner, operator or manager of an existing mobile home park

or subdivision shall file with the
(appropriate disaster preparedness authorities)
land post in a prominent location within the existing mobile home park an

evacuation plan indicating alternate vehicular access and escape routes; and

(4) Easy access for a mobile home hauler is provided.

(This provision is modeled after 41 Fed. Reg. 1910.3(b)(9) which is

incorporated into the floodway provisions of the federal regulations by

41 Fed. Reg. 1910.3(d)(1). This provision is designed to notify mobile home

buyers or renters of the potential danger of the location and to prevent mobile

homes from becoming floating "battering rams" in situations where actually pro-

hibting their location within a Flood Plain would raise serious "taking"

problems. The bracketed portion has been added here and in 8.63(b)(3), since

it is felt that residents of an existing mobile home park within a CHHD, as

well as the official authorities, should have easy access to emergency infor-

mation.)

6.3 Permitted Uses

The following and other similar uses having a low flood damage potential

and not obstructing flood flows shall be permitted within the FWD to the extent

that they are not prohibited by any other ordinance, and provided they do

not require structures, fill, dikes, dumping of materials or waste, or storage

of materials or equipment. No use shall be permitted which acting alone or in









combination with existing or reasonably foreseeable future uses, would result

in a significant increase in the regulatory flood elevation.

(1) Agricultural uses, including general farming, pasture, grazing,

outdoor plant nurseries, horticulture, viticulture, truck farming, forestry,

sod farming, and wild crop harvesting.

(2) Non-structural industrial-commercial uses, including loading areas,

parking areas, and private airport landing strips.

(3) Private and public recreational uses, including golf courses, tennis

courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,

swimming areas, parks, wildlife and nature preserves, game farms, fish

hatcheries for native species, shooting preserves, target ranges, trap and

skeet ranges, hunting and fishing areas, hiking and horseback riding trials.

(4) Residential uses such as: lawns, gardens, parking areas, and play

areas.

(This provision is modeled after USWRC-Vol. 1, p. 524, 4.1, and is de-

signed to delineate the types of open space uses that are acceptable in

floodway areas.)

6.4 Special Exception Uses

(a) The following uses may be permitted only upon application to the

Flood Plain Administrator and the issuance of a special use permit by the

Board as provided in Section 4.8 of this Ordinance, and provided that the

use will not increase the regulatory flood level:

(1) Uses accessory to permitted or special uses;

(2) Circuses, carnivals and similar transient amusement or enter-

tainment;

(3) Drive-in theaters, parking areas, new and used car lots, and

signs;









(4) Extraction of sand, gravel and other materials;

(5) Railroads, streets, bridges, utility transmission lines and

pipelines;

(6) Marinas, boat rentals, docks, piers, and wharves, exclusive

of any structures connected with any of the abovementioned;

(7) Private storage yards of non-floatable equipment, machinery

or materials;

(8) Other uses similar in nature.

(This provision is modeled after USWRC-Vol. 1, p. 524, 4.2.)

SECTION SEVEN. FLOOD FRINGE DISTRICTS (FFD)

7.1 Applicability

The provisions of this section shall apply to all areas designed as flood

fringe districts on the Official Zoning Map.

*7.2 Requirements within a FFD

*(a) Building permits will be required for all proposed construction or

substantial improvement within an FFD.

(b) The shall review all building permit
(local body)
applications to determine if the proposed construction:

(i) is designed and is to be anchored to prevent flotation,

collapse or lateral movement of the structure;

(ii) is to be constructed with materials and utility equipment

resistent to flood damage; and

(iii) is to be constructed by methods and practices that will

minimize potential flood damage.

(This provision has been changed to implement 1910.3(a)(3) of the

final federal regulations.)









*(c) New or replacement water supply and sanitary sewer systems located

within a FFD must be floodproofed as specified in Section 9.

*(d) New construction or substantial improvement of any residential

structure within the FFD shall have the lowest habitable floor, including

basement, elevated to [Optional: at least feet above the regulatory

flood elevation;

*(e) New construction or substantial improvement of any commercial-

industrial or other non-residential structure shall either have the lowest

floor including basement elevated to the level of [Optional: to a level

at least feet above 1 the regulatory flood elevation or together

with attendant utility and santitary facilities be floodproofed to the level

of [Optional: to a level at least feet above the regulatory

flood elevation. All floodproofing shall meet the requirements of Section 9.

(The planning considerations contained in 1910.22 of the final federal

regulations provide that communities should consider: (c)(15) "Requirement

of additional elevation above the base flood level for all new construction

and substantial improvement within ffloodway and flood fringe areas ...to

protect against such occurrences as wave wash and floating debris, to provide

an added margin of safety against floods having a magnitude greater than the

base flood, or to compensate for future urban development.")

*7.3 Mobile Home Restrictions

*(a) The construction of a new mobile home park or subdivision, the

expansion of an existing mobile home park or subdivision, the location of a

new mobile home not in a mobile home park or subdivision or the substantial

improvement of any of the above in a FFD shall be allowed only if the follow-

ing criteria are met:









(1) Adequate surface drainage and easy access for a mobile home

hauler are provided;

(2) Lots or stands are elevated on compacted fill or on pilings

so that the lowest habitable floor on the mobile home is at or above the

regulatory flood level.

(3) If pilings are used ,to comply with the provisions of subsection

(2) above, the lot must be large enough to permit steps and piling foundations

must be placed in stable soil no more than ten feet apart and reinforced if

more than six feet above the ground.

(This provision has been changed to correspond to the requirements of

1910.3(c)(5)-(6) of the final federal regulations.)

(b) In the event that a mobile home location or relocation is not deem-

ed to constitute the expansion of an existing mobile home park as used in Sec-

tion 7.3(a), the location shall be allowed provided that the provisions of

Section 6.2(c)(1)-(4) are complied with.

7.4 Areas of Shallow Flooding

The following provision shall apply to construction in areas of shallow

flooding in lieu of the foregoing requirements of this section.

(a) New construction or substantial improvements of any residential

structures shall have the lowest floor, including basements, elevated above

the crown of the nearest street to or above the expected depth of shallow

flooding.

(b) New construction or substantial improvements of any non-residential

structures shall have the lowest floor, including basement, elevated above

the crown of the nearest street to or above the expected depth of shallow

flooding, or together with attendant utility and sanitary facilities be flood-










proofed to or above that elevation. All such floodproofing shall be accom-

plished in accordance with Section 9 of this ordinance.

(This provision implements 1910.3(c)(7)-(8) of the final federal regu-

lations.)


SECTION EIGHT. COASTAL HIGH HAZARD DISTRICTS (CHHD)

8.1 Applicability

The provisions of this section shall apply to all areas designated as

coastal high hazard districts on the Official Zoning Map.

8.2 Requirements for Development in CHHD's

*(a) Except as otherwise provided herein, all new construction and sub-

stantial improvements within a designated CHHD:

(1) Shall be located landward of the mean high water line rand

of any coastal construction setback line where applicable ;

(The Planning Considerations in 1910.22(c)(14) of the final federal

regulations now state that construction setback lines should be considered in

coastal high hazard areas.)

(2) Shall be elevated on adequately anchored piles or columns

so that the lowest portion of the structural members of the lowest floor is

elevated at least to the regulatory flood elevation f Optional: elevated

at least feet above 1 the regulatory flood elevation and securely

anchored to such piles or columns;

(As indicated in the commentary on the model ordinance, the final federal

regulations call for elevation of the lowest structural members rather than

the lowest floor. 1910.3(e)(4))

(3) Shall have the space below the lowest floor free of obstruction









or constructed with breakaway walls intended to collapse under stress without

jeopardizing the structural integrity of the building; and

(4) Shall be designed and constructed so as to minimize the impact

and effect of abnormally high tides, wind-driven water or waves on the build-

ing.


(b) An application for a building permit in a CHHD shall be accompanied

by a certificate signed by a registered professional engineer, architect or

other professional allowed by law to so certify stating that the structure

has been designed to meet the requirements of Section 8.2(a)(2),(3),(4).

(This provision which was optional in the first model ordinance is now

required by 1910.3(e)(4) of the final federal regulations.)

(c) Fill shall not be used for structural support within a CHHD.

(d) Man-made alteration of sand dunes and manqirove stands which will in-

crease potential flood damage is prohibited wiLhin a CHHD.

(This provision implements 1910.3(e)(8) of the final federal regula-

tions.)

8.3 Mobile Homes within a CHHD

*(a) No new mobile home parks or subdivisions expansion of existing

mobile home parks or subdivisions or location of any new mobile home not in a

mobile home park or subdivision shall be allowed within a designated CHHD.

*(b) In the event that a mobile home location or relocation is not

deemed to constitute the expansion of an existing mobile home park or sub-

division as used in Section 8.3(a), the location or relocation shall be al-

lowed provided that the provisions of Section 6.2(c)(1)-(4) are complied with.











8.4 Guidance of Future Development

The shall wherever possible through
(legislative body of local unit)
zoning, other land use regulations or otherwise encourage open space uses in

areas designated as CHHD's. Open space uses shall include but not be limited

to those listed in Section 6.3.

(The basis for this provision is that CHHD's are areas which by their

very nature are dangerous areas in which to live or build and are therefore

much better suited to open space uses.)


SECTION NINE. FLOODPROOFING

9.1 Minimum Floodproofing Requirements

Wherever any of the provisions of this ordinance require that a

building be floodproofed or specify that floodproofing may be used as an al-

ternative to elevating a structure above the regulatory flood level, flood-

proofing shall be deemed to include all of the following:

(a) Wherever possible the location, construction and installation of

all electrical and gas utility systems in such manner as to assure the con-

tinuing functioning of those systems in the event of a regulatory flood;

(b) The location, construction and installation of all potable water

supply systems in such a manner as to prevent contamination from flood waters

during the regulatory flood. No water supply well shall be located within

the foundation walls of a building or structure used for human habitation,

medical or educational services, food processing or public services;

(c) Approved backflow preventers or devices shall be installed on main

water service lines, at water wells and at all building entry locations to

protect the system from backflow or back siphonage of flood waters or other

contaminants;










(d) Sanitary sewer and storm drainage systems that have openings below

the regulatory flood elevation shall be equipped with automatic back water

valves or other automatic backflow devices that are installed in each dis-

charge line passing through a building exterior wall;

(e) Sanitary sewer systems, including septic tank systems, that are

required to remain in operation during a flood shall be provided with a seal-

ed holding tank and the necessary isolation and diversion piping, pumps,

ejectors and appurtenances required to prevent sewage discharge during a

flood. The holding tank shall be sized for storage of at least

days demand:

(f) All sewer system vents shall extend to an elevation of at least

feet above the regulatory flood elevation.

(g) All construction below the regulatory flood elevation shall be

watertight with walls substantially impermeable to the passage of water.

*(h) A registered professional engineer or architect shall certify

that any new construction or substantial improvement has been designed to

withstand the flood depths, pressure, velocities, impact and uplift forces

associated with the regulatory flood at the location of the building.

(The final federal regulations give communities the option of either

using paragraph (h) above or adopting and submitting detailed floodproofing

specifications. 1910.3(c)(4). Paragraph (h) was included in the original

model ordinance and it is felt that it provides more flexibility than

adopting detailed floodproofing specifications.)











*9.2 Approval of Floodproofing

Prior to construction, plans for any structure that is required to be

floodproofed must be submitted to the ______Engineer
(local unit)
for approval. The ______Engineer will review the plans for
(local unit)
compliance with the provisions of Section 9.1(a)-(h) for compliance with

any other applicable building codes or regulations. The
(local unit)
Engineer shall approve, reject or recommend modifications of the plans within

30 days from their receipt.


SECTION TEN. VARIANCES

10.1 Requirements for Variance

Upon the submission of a written application to the Board a variance may

be granted permitting the erection of structures with a lowest floor ele-

vation, including basement, lower than the regulatory flood elevation but at

least 2 feet above the elevation of the adjoining street if all of the follow-

ing are met:

*(a)(1) The property on which the structure is to be erected is an iso-

lated lot of approximately one-half acre or less, contiguous to and surrounded

by existing structures constructed below such required first floor elevation or

(2) A structure listed on the National Register of Historic Places

or a State Inventory of Historic Places is to be restored or reconstructed; and

*(b) Good and sufficient cause exists for the granting of the variance;

*(c) Failure to grant the variance would result in exceptional hardship

to the applicant; and

*(d) The issuance of the variance would 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 ordinances;

*(e) The variance would not have the effect of nullifying the intent

and purpose of the ordinance.

(These provisions implement 41 Fed. Reg. 1910.6(a)(1)-(4). It is

also possible for a community-wide variance for basements to be granted under

41 Fed. Reg. 1910.6(b)(3), and it is even possible under 41 Fed. Reg. 1910.6

(b)(1) to get a variance from the 100-year flood requirement. However,

discussions with FIA officials have indicated that it is extremely unlikely

that e variance would be granted under that provision.

10.2 Procedure for Variances

*'[(a) Variances granted shall become effective only after a description

of the variance and its effect on flood insurance eligibility and premiums

has been recorded with the Clerk of the Circuit Court of

County prior to the issuance of the building permit.1

(The requirement to record the variance was deleted from the final federal

regulations since it conflicted with some state statutes prohibiting the re-

cording of variances. A check with a Florida Clerk indicated that there would

be no problem in recording such a variance. It is suggested that where pos-

sible the above provision be utilized to provide maximum notice to potential

property purchasers.

Additionally, the final federal regulations provide that states should

consider amending recording acts to -llow for adoption of such a requirement.

1910.25(15).)










(b)(1) All applications for variances shall be heard by the Board after

reference to such committees and administrative officials as may be established

for purposes of investigation and recommendation.

(2) Prior to the granting of a variance the Board must find that

justification exists in accordance with the terms of this ordinance. These

findings, together with the grant of a variance, shall be reduced to writing

and made a part of municipal records. Any variance shall pertain to the

particular parcel of land and apply only to the proposed structure set forth

in the variance application.

(3) Such variance shall be freely transferable with the land and shall

not be personal to the applicant.

(4) Unless otherwise provided therein, a variance shall be valid

for a period of one year after the date of its issuance. If construction

has not commenced pursuant thereto within such time, said variance shall be-

come void. Lapse of a variance by the passage of time shall not preclude

subsequent application for variance.

(5) No variance except as herein specifically permitted may be

granted from the provisions of this ordinance. The variance procedures herein

provided shall be the exclusive method for obtaining variances under the pro-

visions herein.

(c) Each written application for a variance shall be accompanied by

a fee of Such application shall reflect the type of structure

or structures for which a variance is sought, the size of such structures, the

approximate location upon the parcel and the intended use thereof.

*(d) Any applicant to whom a variance is granted shall be given notice

that the proposed structure will be located in a flood prone area, that the









structure will be built with a lowest floor elevation feet

below the regulatory flood elevation; rand that the cost of the flood in-

surance will be commensurate with the increased risk resulting from the

reduced first floor elevation.]

(This provision implements 41 Fed. Reg. 1910.6(a)(5). The bracketed

material should be deleted if an adopting community is not entering the NFIP.)

SECTION ELEVEN. NONCONFORMING USES

A structure or the use of a structure or premises which was lawful be-

fore the passage or amendment of this ordinance but which is not in conformity

with its provisions may be continued as a nonconforming use subject to the

following conditions:


(a) No such use shall be expanded, changed, enlarged or altered in any

way which increases its nonconformity.

(b) Any substantial improvement of a nonconforming structure shall be

made in compliance with the provisions of this ordinance.

(c) If such use is discontinued for consecutive months,

any future use of the building premises shall conform to this ordinance.

(d) If any nonconforming use or structure is destroyed by any means,

including flood, to an extent of 50% or more of its market value immediately

prior to the destruction, it shall not be reconstructed except in conformity

with the provisions of this ordinance.

(e) Any use which has been permitted as a Special Exception use and is

in full compliance with this act and attached conditions shall be considered

a conforming use.










SECTION TWELVE. SUBDIVISION REGULATIONS IN FLOOD HAZARD AREAS

(The provision pertaining to subdivisions in the final federal regulations

apply to subdivisions and to other developments greater than 50 lots or 5 acres

whichever is the lesser. 1910.3(b)(3). Therefore, if the statutory defin-

ition of subdivision is greater than 50 lots, appropriate modification of

this ordinance should be made.)

12.1 Applicability

The provisions of this section shall apply to all subdivisions platted

after the effective date of this ordinance which encompass any land which is

designated as having special flood hazards and is shown on the Official Zoning

Map as either a CHHD, FWD or FFD.

12.2 Subdivisions within a FWD

If any portion of a proposed subdivision lies within a FWD, the portion

of land so located shall be developed in accordance with the provisions of
Section 6 of this ordinance.

12.3 Subdivision within a FFD of CHHD

(a) If any portion of a proposed subdivision lies within a FFD or CHHD,

the portion of land so located hall be developed in accordance with either

the provisions of Sections 7 or 8 of this ordinance, whichever is applicable.

(These two types of districts were separated from the FWD because de-

velopment is allowed in both, the only restrictions being in the nature of

elevation requirements.)

(b) The Flood Plain Admiristrator shall require the developer of a

residential subdivision to dedicate areas within a FFD or CHHD to open space

uses such as those specified in Section 6.3 of this ordinance whenever possible

within the provisions of this section. In return for such dedication, the








residential subdivisions shall be given density credits equal in value to the den-

sity of the residential development that would have occurred in the FFD or

CHHD area had it not been dedicated to open space use. These density credits

shall be transferable only to portions of the same proposed residential sub-

division which lie outside flood hazard districts, thereby maintaining the

same total density within the subdivision as if the FFD or CHHD had been de-

veloped.

The provisions of this section shall operate only if the Zoning Adminis-

trator finds:

(1) that the construction of the proposed residential subdivision

without density credit transfer will have adverse effects on existing struc-

tures and uses in the event that flooding occurs; and

(2) that the density credit transfer will not increase the density

of residential development on the land to which the transfer occurs by more

than (r25%1 [1.25 times the density of residential development permissible

prior to the transfer.l ) If this subsection can be satisfied by density

credit transfer from only a portion of the land tying within a CHHD or FFD,

then this section shall apply to only said portion.

(The concept is that flood plains should not be developed if possible,

but "taking" problems may exist if development is prohibited, especially since

the development is allowed under the NFIP. Therefore, whenever possible, a

community should "purchase" the development rights to flood plains from the

subdivider by allowing him to build to the same total density of units as if

all his land were available, but to confine actual construction only to areas

outside the flood plain. The (1.25) figure was suggested by a local govern-

ment official as a means of assuring that a density transfer would not result









in destruction of the overall integrity of an area, e.g., it would prevent

a subdivider who obtained a large amount of flood plains land from trans-

ferring the density credits thereby accrued to a small parcel, resulting in

an authorization for the construction of a highrise in an area of single

family residences. A higher figure may be utilized in less populated areas.

The last sentence of the provision applies to the situation where, be-

cause a large portion of the planned subdivision is within the FFD or CHHD,

the transfer of density credits as otherwise provided would result in an in-

crease of the density of the land not within the FFD or CHHD by a factor

greater than (1.25)(25%). If such a result would occur by strict application

of the density credit transfer to the entire parcel, then credits will be

awarded only for that portion of the land within the FFD or CHHD which will

result in an increase in density of the adjacent land of (1.25 times)(25%)

or less. No further density credits will be allowed, even if additional

portions of the parcel are within the FFD or CHHD and would otherwise entitle

the developer to density credits. A similar concept has been incorporated

in Ordinance No. 0-1-74, Palatine, Illinois.)

12.4 Regulation of Subdivisions already under Construction

If a subdivision plat has been approved, building permits obtained and

construction of the subdivision has already started, as defined in Section

2(28) the following provisions shall apply to any remaining construction

within a FWD, FFD, or CHHD.

(a) All utility systems installed shall be floodproofed in accordance

with the provisions of Section 9 of this ordinance.

(b) All contracts for and deeds of sale entered into or executed after

the effective date of this ordinance shall specify that the land in question








is located within a flood hazard district and may be subject to flooding.

(Due to the federal definition of "start of construction", these pro-

visions would not be allowed in an ordinance adopted to comply with the

federal regulations. Since each new unit constitutes a new "start of con-

struction", the ordinance would be applicable to those homes "started" after

its passage and not to those "started" before. There is no "start of con-

struction" for a subdivision. However, if a court challenge proves success-

ful-see those cases cited in Section 2(22)(d) for the doctrine of equitable

estoppel-this provision can be inserted into the ordinance to plug the gap.)

12.5 Plat Approval

(a) In addition to any other requirements imposed on subdivision plats,

all preliminary or final plats submitted for approval to the _____(
plattingg authority)
shall clearly delineate:

(1) All areas that are designated as being either FWD, FFD or CHHD

zones on the Official Zoning Map;

(2) The regulatory flood elevation at all affected areas on the

plat;

(3) The finished elevation for all streets and lots platted;

(4) All areas for which soil absorption sewage disposal systems

will not properly function due to high ground water elevation or frequent

flooding;

(5) All existing or proposed drainage facilities.

(The idea for these provisions was taken From the Draft Subdivision Or-

dinance, USWRC-Vol. 2, p. 57-73.)

(b) The shall examine all plats for com-
(platting authority)
Spliance with the above regulations and all other pertinent regulations and

may either approve or reject the plat or approve the plat with modifications.

45








SECTION THIRTEEN. PENALTIES FOR VIOLATION

Violation of the provisions of this Ordinance or failure to comply with

any of its requirements, including violation of conditions and safeguards

established in connection with grants of Variances or Special Exceptions,

shall constitute a misdemeanor. Any person who violates this Ordinance or

fails to comply with any of its requirements shall upon conviction thereof

be fined not more than $ or imprisoned for not more than

days, or both, and in addition shall pay all costs and expenses involved in

the case. Each day such violation continues shall be considered a separate

offense.

Nothing herein contained shall prevent the
(local unit)
from taking such other lawful action as is necessary to prevent or remedy

any violation.


SECTION FOURTEEN. SEVERABILITY

If any section, clause, provision or portion of this ordinance is ad-

judged unconstitutional or invalid by a court of competent jurisdiction,

the remainder of this ordinance shall remain in effect.

(These provisions are modeled after USWRC-Vol. 1, p. 534, 523, 8.0,

2.8.)








SECTION THIRTEEN. PENALTIES FOR VIOLATION

Violation of the provisions of this Ordinance or failure to comply with

any of its requirements, including violation of conditions and safeguards

established in connection with grants of Variances or Special Exceptions,

shall constitute a misdemeanor. Any person who violates this Ordinance or

fails to comply with any of its requirements shall upon conviction thereof

be fined not more than $ or imprisoned for not more than

days, or both, and in addition shall pay all costs and expenses involved in

the case. Each day such violation continues shall be considered a separate

offense.

Nothing herein contained shall prevent the
(local unit)
from taking such other lawful action as is necessary to prevent or remedy

any violation.


SECTION FOURTEEN. SEVERABILITY

If any section, clause, provision or portion of this ordinance is ad-

judged unconstitutional or invalid by a court of competent jurisdiction,

the remainder of this ordinance shall remain in effect.

(These provisions are modeled after USWRC-Vol. 1, p. 534, 523, 8.0,

2.8.)




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