[HISTORY: Adopted by the Mayor and Council of the City of
Española 12-10-2012 by Ord. No. 2012-10. Amendments noted
where applicable.]
A.
The flood hazard areas of the City of Española 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.
B.
These flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
floodproofed, or otherwise protected from flood damage.
C.
There are areas of special flood hazard within the City at this time,
and there exists the potential for localized flooding due to rainfall,
irrigation waters, ditch breaks, and future annexations of lands within
areas of special flood hazard.
It is the purpose of this chapter to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A.
Protect human life and health;
B.
Minimize expenditure of public money for costly flood control projects;
C.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D.
Minimize prolonged business interruptions;
E.
Minimize damage to public facilities and utilities such as water
and gas mains, electric, television cable, telephone, and sewer lines,
streets and bridges located in the floodplain;
F.
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
G.
Ensure that potential buyers are notified that property is in a flood
area.
In order to accomplish its purposes, this chapter uses the following
methods:
A.
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;
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation
of floodwaters;
D.
Control filling, grading, dredging and other development which may
increase flood damage; and
E.
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted to give them the meaning they have
in common usage and to give this chapter its most reasonable application.
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.
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.
A request for a review of the Floodplain Manager's interpretation
of any provision of this chapter or a request for a variance.
A designated AO, AH, or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one-percent chance or greater annual
chance of flooding to an average depth of one foot to three 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.
The land in the floodplain within a community subject to
a one-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 Zone A,
AE, AH, AO, A1-A99, VO, V1-V30, VE or V.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
A nonbasement building:
Built, in the case of a building in Zones A1-A30, AE, A, A99,
AO, AH, B, C, X, and D, to have the top of the elevated floor, or
in the case of building in Zone V1-V30, VE, or V, to have the bottom
of the lowest horizontal structure member of the elevated floor elevated
above the ground level by means of pilings, columns (posts and piers),
or shear walls parallel to the flow of the water; and
Adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, and
D, "elevated building" also includes a building elevated by means
of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters. In the case of
Zone V1-V30, VE, or V, "elevated building" also includes a building
otherwise meeting the definition of "elevated building," even though
the lower area is enclosed by means of breakaway walls if the breakaway
walls meet the standards of Section 60.3(e)(5) of the National Flood
Insurance Program Regulations.
For the purpose 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."
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.
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).
An official map of a community on which the Federal Emergency
Management Agency has delineated the boundaries of the flood, mud
slide (i.e., mud flow) related erosion areas having special hazards
have been designated as Zones A, M, and/or E.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards
and the risk-premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, water surface elevation
of the base flood, as well as the Flood Boundary-Floodway Map.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
That person so designated by the governing body of the City
of Española. If this person is an elected official, he may
designate to another person some or all of the duties of the office
of Floodplain Manager. The Floodplain Manager shall be a Certified
Floodplain Manager (CFM) by the New Mexico Floodplain Managers Association
(NMFMA), or shall obtain such certification within 12 months of employment
by the City of Española.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
Any combination of structural and nonstructural 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.
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 with 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.
The channel of a river or other watercourses and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
A 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirement of Section 60.3
of the National Flood Insurance Program Regulations.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
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.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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,
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 state 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
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% of the market value of the structure before the
damage occurred.
Any repair, rehabilitation, addition, reconstruction, or
other improvement of a structure, the cost of which equals or exceeds
50% of the market value of the structure before the start of construction
of the improvement. This includes structures which have incurred substantial
damage, regardless of the actual repair work performed. The term does
not, however, include either:
Any project for improvement of a structure to correct existing
violations or to comply with existing state or local health, sanitary,
or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
A grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. (For full requirements see § 200-8 below, and Section 60.6 of the National Flood Insurance Program Regulations.)
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)
of the National Flood Insurance Program Regulations is presumed to
be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
A.
Lands to which this chapter applies. This chapter shall apply to
all areas within the jurisdiction of the City of Española.
B.
Basis for establishing the areas of special flood hazard. The areas
of special flood hazard are identified by the Federal Emergency Management
Agency in the current scientific and engineering reports entitled:
(1)
"The
Flood Insurance Study (FIS) for Santa Fe County, New Mexico and Incorporated
Areas," dated December 4, 2012, with accompanying Flood Insurance
Rate Maps (FIRMs) dated December 4, 2012;
(2)
"The
Flood Insurance Study (FIS) for the City of Española," dated
February 16, 2006, with accompanying Flood Insurance Rate Maps (FIRMs)
dated February 16, 2006; and
(3)
"The
Flood Insurance Study for Rio Arriba County, New Mexico and Incorporated
Areas," dated March 15, 2012, with accompanying Flood Insurance Rate
Maps (FIRMs) dated March 15, 2012.
C.
Development permit required. A development permit shall be required
within areas of special flood hazard to ensure conformance with the
provisions of this chapter.
D.
Compliance. No structure or land shall hereafter be located, altered,
or have its use changed without full compliance with the terms of
this chapter and other applicable regulations.
E.
Abrogation and greater restrictions. This chapter is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
G.
Warning and disclaimer of liability. The degree of flood protection
required by this chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. On rare
occasions, greater floods can and will occur, and flood heights may
be increased by man-made or natural causes. This chapter 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 chapter 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 chapter or any administrative decision lawfully
made hereunder.
A.
Appointment. The current Floodplain Manager from the Planning and
Zoning Department is hereby appointed the Floodplain Manager to administer
and implement the provisions of this chapter and other appropriate
sections of 44 CFR (National Flood Insurance Program Regulations)
pertaining to floodplain management.
B.
Duties and responsibilities of the Floodplain Manager. Duties and
responsibilities of the Floodplain Manager 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 chapter.
(2)
Review permit applications to determine whether proposed building
sites will be reasonably safe from flooding.
(3)
Review, approve or deny all applications for development permits
required by adoption of this chapter.
(4)
Review permits for proposed development to assure that all necessary
permits (including those authorized by Section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334)
have been obtained from those federal, state, or local governmental
agencies 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 Manager 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.
(9)
When a regulatory floodway has not been designated, the Floodplain
Manager must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within Zone
AE on the community's FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point within the community.
(10)
Under the provisions of 44 CFR Chapter I, Section 65.12, of
the National Flood Insurance Program regulations, a community may
approve certain development in Zones A1-A30, AE, AH, on the community's
FIRM which increases the water surface elevations of the base flood
by more than one foot, provided that the community first applies for
a conditional FIRM revision through FEMA (conditional letter of map
revision).
A.
An application for a development permit shall be presented to the
Floodplain Manager on forms furnished by him and may include, but
not be limited to, plans in duplicate and drawn to scale showing the
location, dimensions, and elevation of proposed landscape alterations,
existing and proposed structures, and the location of the foregoing
in relation to areas of special flood hazard. Additionally, the following
information is required:
(1)
Elevation, in relation to mean sea level, of the lowest floor (including
basement) of all new and substantially improved structures.
(2)
Elevation, in relation to mean sea level, to which any nonresidential
structure shall be floodproofed.
(3)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of § 200-9B(2).
(4)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
B.
Approval or denial of a development permit by the Floodplain Manager
shall be based on all of the provisions of this chapter and the following
relevant factors:
(1)
The danger to life and property due to flooding or erosion damage;
(2)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury
of others;
(4)
The compatibility of the proposed use with existing and anticipated
development;
(5)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(6)
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 telephone, sewer, gas,
electrical and water systems;
(7)
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;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use; and
(10)
The relationship of the proposed use to the most current City
of Española Master Plan.
A.
The appeal board is the Planning Commission, which shall hear and
render judgment on requests for variances from the requirements of
this chapter.
B.
The appeal board (Planning Commission) 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 Manager in the enforcement
or administration of this chapter.
C.
Any person or persons aggrieved by the decision of the appeal board
(Planning Commission) may appeal such decision to the City Council
of the City of Española. Such appeal shall be taken as an appeal
of the record, with no new evidence not previously presented to the
Planning Commission allowed or considered in the determination of
the City Council.
D.
Any person or persons aggrieved by the decision of the City Council
of the City of Española may appeal such decision in the courts
of competent jurisdiction.
E.
The Floodplain Manager shall maintain a record of all actions involving
an appeal and shall report variances to the Federal Emergency Management
Agency upon request.
F.
Variances may be issued for 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 chapter.
G.
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, provided the relevant factors in § 200-7B have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. Upon consideration of the factors noted above and the intent of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.
H.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
I.
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 an
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
J.
Prerequisites for granting variances.
(1)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(c)
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.
(3)
Any applicant to whom 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.
K.
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:
A.
General standards. In all areas of special flood hazards in the City
of Española, 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 floodwaters into the system;
(6)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system
and discharge from the systems into floodwaters; and
(7)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
B.
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in §§ 200-5B, 200-6B(8), or 200-9C(4), 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 licensed professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Manager that the standard of this subsection as proposed in § 200-7A(1), 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 licensed
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 Manager.
C.
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 licensed professional engineer or architect
or meet or exceed the following minimum criteria:
(1)
A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided.
(2)
The bottom of all openings shall be no higher than one foot above
grade.
(3)
Openings may be equipped with screens, louvers, valves, or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
D.
Manufactured homes.
(1)
All manufactured homes to be placed within Zone A on a FIRM shall
be installed using methods and practices which 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.
(2)
Manufactured homes that are placed or substantially improved within
Zones A1-A30, AH, and AE on the community's FIRM on sites outside
of a manufactured home park or subdivision; in a new manufactured
home park or subdivision; in an expansion to an existing manufactured
home park or subdivision; in an existing manufactured home park or
subdivision on which a manufactured home has incurred substantial
damage as a result of a flood, shall 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.
(3)
Manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-A30, AH, and AE on the community's FIRM that are not subject to the provisions of Subsection D(1) of this section shall be elevated so that either:
(a)
The lowest floor of the manufactured home is at or above the
base flood elevations; or
(b)
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.
E.
Recreational vehicles. Recreational vehicles placed on sites within Zones A1-A30, AH, and AE on the community's FIRM shall either be on the site for fewer than 180 consecutive days; be fully licensed and ready for highway use; or meet the permit requirements of § 200-7, and the elevation and anchoring requirements for manufactured homes in Subsection D of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
F.
Standards for subdivision proposals.
(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 are greater than 50 lots or five acres, whichever is less, if not otherwise provided pursuant to § 200-5B or 200-6B(8) of this chapter.
(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, which are otherwise
required, located and constructed to minimize or eliminate flood damage.
Located within the areas of special flood hazard established in § 200-5B are areas designated as areas of shallow flooding. These areas have special flood hazards associated with base flood depths of one foot to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
A.
All new construction and substantial improvements of residential
structures shall have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet
if no depth number is specified).
B.
All new construction and substantial improvements of nonresidential
structures shall:
(1)
Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet
on the community's FIRM (at least two feet if no depth number
is specified); and
(2)
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 the
hydrodynamic loads of effects of buoyancy.
C.
A licensed professional engineer or architect shall submit a certification to the Floodplain Manager that the standards of this section, as proposed in § 200-9B are satisfied.
D.
Within Zone AH or AO, adequate drainage paths around structures on
slopes will be required to guide floodwaters around and away from
proposed structures.
Located within areas of special flood hazard established in § 200-5B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
A.
Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway,
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
B.
If Subsection A above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 200-9. Under the provisions of 44 CFR Chapter I, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.
The provisions of this chapter shall be enforced by the current
certified Floodplain Manager. Such citations shall be heard by the
City of Española Municipal Court. No structure or land shall
hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this chapter and other applicable
regulations. Violation of the provisions of this chapter by failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this chapter or fails to comply
with any of its requirements shall, upon conviction thereof, be fined
not less than $50 nor more than $1,000 or imprisoned for not more
than 90 days, or both, for each violation, and a separate violation
shall be deemed committed on each day during or on which a violation
occurs or continues; in addition, such person shall pay all costs
and expenses involved in the prosecution of the case. Nothing herein
contained shall prevent the City of Española from taking such
other lawful action as is necessary to prevent or remedy any violation.
