Q-13 FLOOD DAMAGE PREVENTION
Q-13-101 STATUTORY AUTHORIZATION
The Legislature of the State of South Dakota through statute authority delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Q-13-102 FINDINGS OF FACT
A. The flood hazard areas of Fort Pierre are subject 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.
B. These flood losses are caused by the cumulative effect of obstruction in areas of special flood hazards, which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
Q-13-103 STATEMENT OF PURPOSE
It is the purpose of this chapter to promote the public health, safety, and general welfare, to minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health.
B. To minimize expenditure of public money 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, streets and bridges, located in areas of special flood hazard.
F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
G. To ensure that potential buyers are notified the property is in an area of special flood hazard.
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
Q-13-104 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. Controlling the alteration of natural floodplains, streams channels, and natural protective barriers, which help accommodate or channel flood waters.
D. Controlling filling, grading, dredging, and other development which may increase flood damage.
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
Source: Ord. 833
Authority: SDCL 9-36-16
Cross reference: Federal Emergency Management Agency
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.
A. “Appeal” shall mean a request for review of the interpretation by the Director of Public Works or his designee of any provision of this chapter or a request for a variance.
B. “Area of special flood hazard” shall mean the land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year.
C. “Base flood” shall mean the flood having a one percent chance of being equaled or exceeded in any given year.
D. “Development” shall mean 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 located within the area of special flood hazard.
E. “Existing manufactured home park or subdivision” shall mean a manufactured home park 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) are completed before the effective date of this chapter.
F. “Expansion to existing manufactured home park or subdivision” shall mean 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 pouring of concrete pads).
G. “Flood” or “flooding” shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters, and/or
2. The unusual and rapid accumulation or runoff or surface waters from any source.
H. “Flood Insurance Rate Map (FIRM)” shall mean the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.
I. “Flood Insurance Study” shall mean the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary – Floodway Map, and the water surface elevation of the base flood.
J. “Floodway” shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface more than one foot.
K. “Lowest floor” shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or 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 non-elevation design requirements of this chapter.
L. “Manufactured home” shall mean a structure that is transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
M. “New construction” shall mean structures for which the “start of construction” commenced on or after the effective date of this ordinance, and includes any subsequent improvements to such structures.
N. “New manufactured home park or subdivision” shall mean 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.
O. “Recreational vehicle” shall mean a vehicle, which is:
1. Built on a single chassis.
2. Four hundred (400) square feet or less when measured a the largest horizontal projections.
3. Designed to be self-propelled or permanently towable by a light-duty truck.
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
P. “Start of construction” shall include substantial improvement, and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; not 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.
Q. “Structure” shall mean a walled and roofed building or manufactured home that is principally above ground.
R. “Substantial damage” shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
S. “Substantial improvement” means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures, which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
2. Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
T. “Variance” means a grant of relief from the requirements of this ordinance, which permits construction in a manner that would otherwise be prohibited by this chapter.
Authority: SDCL 9-36-16
Cross reference: Federal Emergency Management Agency
Q-13-106 GENERAL PROVISIONS
Q-13-107 LANDS TO WHICH THIS ORDINANCE APPLIES
This chapter shall apply to all areas of special flood hazards within the jurisdiction of Fort Pierre.
Q-13-108 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study of Stanley County,” dated May 17, 2004, with an accompanying Flood Insurance Rate Map (FIRM) is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and FIRM are on file at 08 East 2nd Avenue, Fort Pierre, South Dakota.
Source: Ord 833
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.
Q-13-110 ABROGATION AND GREATER RESTRICTIONS
This chapter is not intended to repeal, abrogate, or impair any exiting easements, covenants, or deed restrictions. However, where this ordinance and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
In the interpretation and application of this ordinance, all provisions shall be:
A. Considered as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers granted under State statutes or City charter.
Q-13-112 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area 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 Fort Pierre, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
Q-13-113 RIVERFRONT DISTRICT DESIGNATION / MINIMUM CONSTRUCTION ELEVATION
That the “Riverfront District” shall be designated as all lands within the existing or future boundaries of the corporate limits of the City of Fort Pierre and the one (1) mile extraterritorial area east of a line defined as follows:
Beginning at the intersection of Deadwood Street and Main Avenue following Deadwood Street, Northwest to the intersection of Highway 83 and Highway 14/34, then west on Highway 14/34 to the intersection of Lewis Street. Then north on Lewis Street to the northeast corner of Lot 3R, Section 21, then across the recreation trail (Lot C-1) to the south west corner of Lot R-2, Section 21, then along the west lot line to the southwest corner of Lot R-1, Section 21, then along the west lot line to the southwest corner of relicted Lot No. 3, Section 21, then along the west lot line to the northwest corner, then crossing Cottonwood Road to the Southwest corner of Lot 1, Section 16, along the west lot line to the southwest corner of Accretion Lot 2, Section 16, then along the west lot line to the southwest corner of Accretion Lot 1, then along the west lot line to the southwest corner of Accretion Lot 4, Section 16, to the southwest corner of Accretion Lot 4A, then along the west lot line to the northwest corner of Accretion Lot 4A, Section 16, ALL in Township 5 North, Range 31 East, Black Hills Meridian, Stanley County, South Dakota.
That all structures constructed hereafter shall be constructed with a minimum elevation of two (2) feet higher than the water surface profile as described by the U.S. Army Corps of Engineers report Pierre Area Flood Mitigation Study and Implementation Plan, Table #3, Page 17, as approved by the U.S. Army Corps of Engineers District Office, August 12, 1999.
Q-13-114 ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Q-13-108. Application for a development permit shall be made on forms furnished by the Director of Public Works and may include, but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically the following information is required:
A. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
B. Elevation in relation to mean sea level to which any structure has been floodproofed.
C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Q-13-132 (B).
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
Q-13-115 DESIGNATION OF THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE
The Director of Public Works or his designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
Q-13-116 DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE
Duties of the Director of Public Works or his designee shall include, but not be limited to:
Q-13-117 PERMIT REVIEW
A. Review all development permits to determine that the permit requirements of this chapter have been satisfied.
B. Review all development permits to determine that all necessary permits have been obtained from federal, state or local government agencies from which prior approval is required.
C. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure the encroachment provisions of Q-13-136 (A) are met.
Q-13-118 USE OF OTHER BASE FLOOD DATA
When base flood elevation data has not been provided in accordance with Q-13-108, the Director of Public Works or his designee shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any federal, state, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with Q-13-130 and Q-13-119.
Source: Ord 833
Q-13-119 INFORMATION TO BE OBTAINED AND MAINTAINED
A. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
B. For all new or substantially improved floodproofed structures:
1. Verify and record the actual elevation (in relation to mean sea level) to which the structures have been floodproofed.
2. Maintain the floodproofing certifications required in Q-13-113 (C).
C. Maintain for public inspection all records pertaining to the provisions of this chapter.
Q-13-120 ALTERATION OF WATERCOURSES
A. Notify adjacent communities and the South Dakota Department of Environment and Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
B. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
Q-13-121 INTERPRETATION OF FIRM BOUNDARIES
Make interpretation where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity as provided in Q-13-122 to appeal the interpretation.
Q-13-122 VARIANCE PROCEDURE
Q-13-123 APPEALS BOARD
A. The Board of Adjustment and Appeals, as established by the City of Fort Pierre, shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The Board of Adjustment and Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works or his designee in the enforcement or administration of this chapter.
C. Those aggrieved by the decision of the Board of Adjustments and Appeals, or any taxpayer, may appeal such decisions to the circuit court as provided by law.
D. In passing upon such applications, the Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands or waterways to the injury of others.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the community.
5. The necessity to the facility of a waterfront location, where applicable.
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
7. The compatibility of the proposed use with existing and anticipated development.
8. The relationship of the proposed use to the comprehensive plan and flood plain management program of that area.
9. The safety of access to the property in times of flood for ordinary and emergency vehicles.
10. 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.
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets and bridges.
E. Upon consideration of the factors in Q-13-122 (D) and the purposes of this chapter, the Board of Adjustment and Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The Director of Public Works or his designee shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency and Management Agency.
Source: Ord 833
Q-13-124 CONDITIONS FOR VARIANCES
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-11) in Q-13-122 (D) have been fully considered. As lot size increases beyond the one-half (1/2) acre, the technical justifications required for issuing the variance increases.
B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
C. Variances shall not be issued within any designated flood way if any increase in flood levels during the base flood discharge would result.
D. Variances shall not be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. Variances shall only be issued upon:
1. A showing of good and sufficient cause.
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant.
3. 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 as identified in Q-13-122 (D) or conflict with existing local laws or ordinances.
F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor 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.
Q-13-125 PROVISIONS FOR FLOOD HAZARD REDUCTION
Q-13-126 GENERAL STANDARDS
In all areas of special flood hazard, the following standards are required:
A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and shall be capable of resisting the hydrostatic and hydrodynamic loads.
B. All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. 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. Specific requirements may be:
1. Over-the-top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.
2. Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side.
3. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds.
4. Any additions to the manufactured home are similarly anchored.
Q-13-128 CONSTRUCTION MATERIALS AND METHODS
A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. All new construction and 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.
A. All new and replacement water supply systems shall be designed to minimize infiltration of flood waters into the system.
B. New and replacement sanitary sewage systems shall be designed to minimize infiltration of flood waters into the systems and discharge from the systems into flood waters.
C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Q-13-130 SUBDIVISION PROPOSALS
A. All subdivision proposals shall be consistent with the need to minimize flood damage.
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage,
D. Base flood elevation data shall be provided for subdivision proposals and other proposed development, which contain at least fifty (50) lots or five (5) acres (whichever is less).
Q-13-131 SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation data has been provided as set forth in Q-13-108 or Q-13-117, the following provisions are required:
Q-13-132 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 or have a design provided by a registered professional engineer satisfying the requirements of Section Q-13-133 A to C.
Source: Ord 833
Q-13-133 NONRESIDENTIAL CONSTRUCTION
New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or together with attendant utility and sanitary facilities, shall:
A. Be flood proofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water.
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the officials as set forth in Q-13-118 (B).
Q-13-134 OPENINGS IN ENCLOSURES BELOW THE LOWEST FLOOR
For all new construction and substantial improvements, fully enclosed areas below the lowest floor, not including basements that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exist of floodwaters. Designs for meeting this requirement must meet or exceed the following minimum criteria:
A. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
B. The bottom of all openings shall be no higher than one foot above grade.
C. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
Q-13-135 BELOW GRADE CRAWLSPACE CONSTRUCTION
New construction and substantial improvement of any below-grade crawlspace shall:
A. Have interior grade elevation that is below base flood elevation, no lower than two feet below the lowest adjacent grade.
B. Have the height of the below grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not exceed four feet at any point.
C. Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood.
D. Meet the provisions of section Q-13-127, Anchoring; Q-13-128, Construction Materials and Methods; and Q-13-134, Openings in Enclosures Below the Lowest Floor.
Source: Ord 833
Q-13-136 MANUFACTURED HOMES
A. Manufactured homes shall be anchored in accordance with Q-13-126.
B. All manufactured homes or those to be substantially improved shall conform to the following requirements:
1. Require that manufactured homes that are placed or substantially improved on a site 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, or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
Source: Ord 833
Q-13-137 RECREATIONAL VEHICLES
A. Require that recreational vehicles either:
1. Be on the site for fewer than one hundred eighty (180) consecutive days.
2. Be fully licensed and ready for highway use.
3. Meet the permit requirements and elevation and anchoring requirements for manufactured homes.
Source: Ord 833
Located within areas of special flood hazard established in Q-13-108 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. If Q-13-136 (A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Q-13-124.
Source: Ord 833
Authority: SDCL 9-36-16
Cross reference: Federal Emergency Management Agency