CHAPTER 5-04
FLOODPLAIN MANAGEMENT
AN ORDINANCE TO AMEND AND REENACT CHAPTER 5-04 OF THE RIVISED ORDINANCES OF 2006 OF THE CITY OF HARWOOD, NORTH DAKOTA, RELATING TO FLOOD DAMAGE PREVENTION. BE IT ORDAINED BY THE CITY COLINCIL OF THE CITY OF HARWOOD, NORTH DAKOTA:
SECTION 1. Chapter 5-04 of the Revised Ordinances of 2006 of the City of Harwood,
North Dakota, is hereby amended and reenacted to read as follows:
CHAPTER 5-04
FLOODPLAIN MANAGEMENT
SECTIONS:
5-0401. Statutory Authorization.
5-0402. Findings of Fact.
5-0403. Statement of Purpose.
5-0404. Methods of Reducing Flood Losses.
5-0405. Definitions.
5-0406. Lands to Which This Ordinance Applies.
5-0407. Basis for Establishing the Special Flood Hazard Areas.
5-0408. Compliance.
5-0409. Greater Restrictions.
5-0410. Interpretation.
5-0411. Waming and Disclaimer of Liability.
5-0412. Severability.
5-0413. Establishment of Development Permit.
5-0414. Designation of the Floodplain Administrator.
s-0415. Duties and Responsibilities of the Floodplain Administrator.
5-0416. Variance Procedure.
5-0417. Provisions for Flood Hazard Reduction -- General Standards.
5-0418. Provisions for Flood Hazard Reduction - Specific Standards.
5-0419. Shallow Flooding AO and AH Zones.
5-0420. Floodways.
5-0421. Enclosures.
5-0422. Penalties for Violations.
__________________________________
5-0401. STATUTORY AUTHORIZATION. The Legislature of the State of North Dakota has in Chapters4 0-47, 11-33 and 58.03 of the North Dakota Century Code delegated the responsibility to local govemmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore. the City Council of the City of Harwood, North Dakota does ordain as follows:
5-0402. FINDINGS OF FACT.
1. The flood hazard areas of Harwood are subject to periodic inundation which can endanger life. result in loss of property, create health and safety hazards, disrupt commerce and govemmental services, cause extraordinary public expenditures for flood protection and relief, and impair the tax base, all of which adversely affect the public health, safety and general welfare.
2. Flood losses caused by the cumulative effect of obstructions in the special flood hazard areas cause increases in flood heights and velocities. Inadequately
floodproofed, elevated or otherwise unprotected structures also contribute to the flood loss.
5-0403. STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
5-0404. METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling filling, grading, dredging, and other development which may increase flood damage;
4. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
5-0405. 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.
1. "Appeal" means a request for a review of the City of Harwood's interpretation of any provisions ofthis ordinance or a request for a variance.
2. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance offlooding in any given year.
3. "Base flood" or "100-year flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
4. "Base Flood Elevation" (BFE) means the height ofthe base flood or 100-year flood usually in feet, measured in the same datum (either NAVD88 or NGVD29) as the FIRM.
5. "Basement" means any area ofthe building having its floor subgrade (below ground level) on all sides.
6. "Best Available Data" (BAD) means water elevation information from any source used to estimate or determine a base flood elevation (i.e. high water mark)'
7. "Community" means any political subdivision that has the authority to zone, or any Indian tribe or authoriied tribal organization, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
8. "Conveyance or hydraulic conveyance" means a geometric characteristic of a river or watercourse at a given point that determines the flow-carrying capacity at that point.
9. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filting, grading, paving, excavation or drilling operations located within the special flood hazard area.
10. "Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction offacilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of sEeets, 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.
11. "Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation ofadditional sites by the construction offacilities for servicing the lots on which the manufacturing 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).
12. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow ofinland waters and/or
b. The unusual and rapid accumulation or runoff of surface waters from any source
13. "Flood Insurance Rate Map" (FIRM) means the official map issued by the Federal Emergency Management Agency where special flood hazard areas are designated as Zone A, AE, AO, AH, A1-A30 or A-99.
14. "Flood Insurance Study" (FIS) means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation ofthe base flood.
15. "Floodproofing" (Dry) means protection provided a structure, together with attendant utilities and sanitary facilities, which is watertight two feet above the base flood elevation w.ith walls that are substantially impermeable to the passage of water.
16. "Floodway" or "regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood withoui cumulatively increasing the watff surface elevation more than one foot.
17. "Highest adjacent grade'' means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
18. "Lowest floor" means lowest floor of a structure including the basement"
19. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle," but does include "mobile home."
20. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
21. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance.
22. "New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction offacilities for servicing the lots on which the manufactured homes are to be aftixed (including at a minimum, the installation of utilities, the consffuction 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.
23. "Person" means any person, firm, partnership, association, corporation, Iimited liability company, agency, or any other private or govemmental organization,
which includes any agency of the United States, a state agency, or any political subdivision of the state.
24. "Reasonably safe from flooding" means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area, and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
25. "Recreational vehicle" means a vehicle which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. designed to be self-propelled or permanently towable by a light duty truck;
d. designed primarily not for use as a permanent dwelling but as a tempo-rary livirig quarters foi recreational camping, travel, or seasonal use; including but not limited to: travel trailers, traileri on wheels' park-model trailers' and other similar vehicles.
26. "Special Flood Hazard Area" (SFHA) means an area of land that would be inudated by a flood having a one percent chance of being equaled or exceeded in
any given year.
27. " Start of construction" 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 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 ol 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 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 ofthe main structure.
28. "Structure" means a walled and roofed building, including manufactured homes, and gas or liquid above-ground storage tanks.
29. "Substantial damage" means damage ofany origin sustained by a structure whereby the cost of restoring the building to its pre-damaged condition would equal or exceed 50 percent ofthe market value ofthe structure before the damage occurred.
30. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent ofthe market value of the structure either:
a. Before the improvement or repair is started,
b. If the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. whether or not that alteration affects the external dimensions ofthe structue.
The term does not, however, include either:
a. Any project for improvement of a structure to comply with existing state or local- health, sanitiary, or safety code specifications which are solely necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National Register of HIstoric Places or a State Inventory of Historic Places
31. "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 ordinance.
32. "Violation" means the failure of a structure or other development to be fully complaint with the community's flood plain management regulations. A structure or other development without the elevation certicate, other certification or other evidence of compliance required by the community's floodplain management ordiance is presumed to be in violatino until such time as that documentation is provided.
33. "Watercourse" means only the channel and banks of an identifiable watercourse, and not the adjoining floodplain areas. The flood carrying capacity ofa watercourse refers to the flood carrying capacity of the channel, except in the case of alluvial fans, where a channel is not typically defined. The definition of watercourse in N.D.C.C. S 61-01-06 is not applicable in this ordinance'
5-0406. LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Harwood.
5-0407. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the city of Harwood" dated January 16, 2015, and any subsequent amendments to that map, with an accompanying_ "Flood Insurance Rate Map" is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the City Hall in Harwood.
5-0408. COMPLIANCE. No structure or tand shatl hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations.
5-0409. GREATER RESTRICTIONS. This ordinance is not intended to repeal, remedy, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
5-0410. INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
5-0411. 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 by increased by man-made or-natural causes. This ordinance does not imply that land outside the a(eas or special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not create liability on the part of the City of Harwood, any officer or employee thereof, or the Federal Emergency Management AGency, for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder.
5-0412. SEVERABILITY. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force.
5-0413. ESTABLISHMENT OF DEVELOPMENT PERMIT. A development permit shall be obtained before construction or development begins within any special flood hazard area estabtished in Section 5-0407. Application for a development permit shall be made on forms fumished by the city council of Harwood and may include, but not be limited to: plans in duplicate diawn to scale showing the nature. location. dimension, and elevations of the area in question; existing or proposed structures, fill, storage materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1. Elevation in the same datum (either NAVD88 or NGVD29) as the FIRM, of the lowest floor of all structures:
2. Elevation in the same datum (either NAVD88 or NGVD29) as the FIRM to which any structure has been floodproofed..
3. Certification by a registered professional engineer or architect that the floodproofing methods tbr any non-residential structure meet the floodproofing criteria in Section 5-0418-B; and
4. Description ofthe extent to which any watercourse will be altered or relocated as a result of proposed development.
5-0414. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The Floodplain Administrator is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.
5-0415. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. Duties of the Floodplain Administrator shall include, but not be limited to:
A. Permit Review
1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied.
2. Approve or deny all applications for development permits required by adoption of this ordinance.
3. Review all development permits to determine that all necessary permits have been obtain"d fro. tho.. federal, state or local govemmental agencies from which prior approval is required.
4. Review all development permits to determine if the proposed development is located in the hooduay. If located in the floodway' assure that the encroachment provisions of Section 5-0419(l) are met'
B. Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance with Section 5-0407, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD. the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available (known as best
available data) from any other federal, state or other source, as criteria for requiring that new construction, substantial improvements, or other developments in the floodplain are administered in accordance with Section 5-0418 SPECIFIC STANDARDS..
C. Information to be Obtained and Maintained
1. Obtain and record the actual elevation (in the same datum (either NAVD88 or NGVD29) as the FIRM) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
2. For all new or substantially improved floodproofed structures:
a. Obtain and record the actual elevation (in the same datum (either NAVD88 or NGVD29) as the FIRM) to which the structure has been floodproofed; and
b. Maintain the floodproofing certifications required in Section 5-0413(7).
3. Maintain for public inspection all records pertaining to the provision of this ordinance.
D. Alteration of Watercourses
1. Notiff nearby communities, water resource districts, and the North Dakota State Department of Water Resources and US Army Corps of Engineers, as necessary, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; and.
3. Notiry the appropriate water resource district prior to removal or placement of filiwithin iwo hundred feet ofthe bank ofa body of water during normal flow or stage.
E. Interpretation of Flood Insurance Rate Map (FIRM) Boundaries
Make interpretation where needed, as to the exact location ofthe boundaries ofthe special flood hazard areas (for example, where there appears to be a conflict betlveen a mapped boundary and actual field conditions). The person contesting the location of the boundary will be given a reasonable opportunity to appeal the interpretation as provided in Section 5-0416.
F. Encroachment Analysis
When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and 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.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A 1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for and receives a Conditional Lefter of Map Revision (CLOMR) through FEMA.
5-0416. VARIANCE PROCEDURE.
A. Appeal Board
1. The City Council, as established by the City of Harwood, shall hear and decide appeals and requests for variances from the requirements of this ordinance.
2. The City Council shalt hear and decide appeals when it is alleged there is an eror in any requirements, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.
3. Those aggrieved by the decision ofthe City Council, or any taxpayer, may appeal such decision to the District Court, as provided in North Dakota law
4. In passing upon such applications, the City Council shall consider all technical eviluations, all relevant factors, standards specified in other sections of this ordinance, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations, for the proposed use which are not subject to\ flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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; and
k. 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, and water systems, and streets and bridges.
5. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing items a-k of Section 5-0416(A)(4) have been fully considered. As the lot size increases beyond the one half acre, the technical justification required for issuing the variance increases.
6. Upon consideration of the factors of Section 5-0416(A)(4) and the purposes of this ordinance, the City Council may attach conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
7. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
B. Conditions for Variances
1. 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.
2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. 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 as identified in Section 5-0416(A)(4), or conflict with existing local laws or ordinances.
5. 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 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.
5-0417. PROVISIONS FOR FLOOD HAZARD REDUCTION -- GENERAL STANDARDS. In all areas of special flood hazards the following standards are required:
A. Anchoring
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
2. All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are
not limited to. use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
B. Construction Materials and Methods
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. 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.
C. Utilities
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;
3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D. Subdivision Proposals
1. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or5 acres (whichever is less).
5-0418. PROVISIONS FOR FLOOD HAZARD REDUCTION--SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set in Section 5-0408 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 5-0415(B), Use of Other Base Flood Data, the following provisions are required:
A. Residential Construction
1. New construction and substantial improvement of any residentia[ structure shall have the lowest floor, including basement, elevated to at least one foot
above the base flood elevation unless the residential structure meets the provisions of 5-0418-A(2) and 5-0418-A(3).
2. The City of Harwood is approved for Residential Basement Floodproofing as of l2l19/1985. Basements shall be floodproofed in accordance with the Flood Proofing Code for the City of Harwood, dated June 1981.
3. The top ofthe basement floor shall be no more than 5 feet below the Base Flood Elevation.
4. Basements constructed in accordance with these regulations must not be used for sleeping purposes.
5. New construction and substantial improvement of any residential structure shall be designed so that the lowest foundation opening is at least two feet
the base flood elevation. Any basement area, together with attendant utilities and sanitary facilities, below that level must be designed so that the structure is watertight without human intervention (i.e., the base or sill of all extemal openings such as windows and doors must be two feet above the 100-year base flood elevation). Basement walls must be built with the capabitity to resist hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from the 100-year frequency flood and must be designed so that minimal structural damage will occur if this design is exceeded.
6. New construction and substantial improvement of any residential structure shall be certified by a registered professional engineer that the floodproofing measures used in the structure satisry the Flood Proofing Code of Harwood.
7. The Floodplain Administrator will verifu that the structure has been built in accordance with the floodproofing code approved by the Federal Emergency Management Agency.
B. Nonresidential Construction
Construction and substantial improvement of any nonresidential structure shall either have the lowest floor, including basement, elevated on fill to at least one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
1. Be floodproofed to at least two feet above the base flood elevation, so that below this elevation the structue is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects ofbuoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 5-0415-C.2.
C. Manufactured Homes
1. Require all manufactured homes placed within Zone A 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 floatation, 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. Require all manufactured homes placed or substantially improved within Zones A 1-30, AH, or AE on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision which has incurred substantial damage, be elevated on a permanent foundation so the lowest floor of the manufactured home is elevated two feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
(i) the lowest floor ofthe manufacture home is two feet above the base flood elevation, or
(ii) the manufacture home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36" in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
D. D. RecreationalVehicles
In A-140, AH, and AE Zones, all recreational vehicles to be placed on a site must:
i. be elevated and anchored to meet the requirements in 5-0418-C; OR
ii. be on the site for less than 180 consecutive days; AND
iii. be fully licensed and highway ready.
5-0419. SHALLOW FLOODING AO AND AH ZONES. Located within the areas of special flood hazard established in Section 5-0407, are areas designated as shallow flooding These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path offlooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(l) All new construction and substantial improvements of residential structures:
(i) Have the lowest floor, including basement, elevated to at least two feet above the base flood elevation (at least two feet if no depth number is specified) unless the residential structure meets the provisions of 5-041 9. I (ii) and 5-04 I 9- l( iii t.
(ii) The City of Harwood is approved for Residential Basement Floodproofing as of 12l19/1985. Basements shall be floodproofed in accordance with the Flood Proofing Code for the City of Harwood, dated June 1981.
(iii) The top of the basement floor shall be no more than 5 feet below the Base Flood Elevation
(iv) Basements constructed in accordance with these regulations must not be used for sleeping purposes.
(2) All new construction and substantial improvements of non-residential structures;
(i) have the lowest floor (including basement) elevated two feet 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), or;
(ii) together with attendant utitity and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard as specified in Section 5-0418-B.2.
(3) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
5-0420. FLOODWAYS. Located within the special flood hazard areas established in Section 5-0407 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachment, 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. Any increase, as used in this section, means any modeled impact greater than 0.00 feet.
2. If Section 5-0420(l) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction requirements of this ordinance.
3. Under the provisions of 44 CFR Section 65.12 of the NFIP Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in BFEs, provided that the community first applies for and receives a Conditional Letter of Map Revision (CLOMR) through FEMA.
5-0421. ENCLOSURES New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking ofvehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(l) A minimum oftwo openings having a total net area ofnot less than one square inch for every square foot ofenclosed area subject to flooding shall be provided.
(2) The bottom ofall 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 they allow the automatic entry and exit of floodwaters.
5-0422. PENALTIES FOR VIOLATIONS:
1. Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violations on conditions and safeguards established in connection with grants or variances or conditional uses, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be punished by a fine not exceeding $1,500, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment for each such otTense. and in addition shall pay costs and expenses involved in the case. Each day such violation continues shall be
considered a separate offense.
2. Nothing herein contained shall prevent the Harwood City Council from taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 2. Effective Date. This ordinance shalt be in full force and effect liom and after the date of its final passage and publication.
DATE OF FIRST READING: September 3, 2024
DATE OF SECOND READING: November 4, 2024
DATE OF PUBLICATION: November 20, 2024
Signed of Blake Hankey, Mayor of Harwood, ND
Attested by Chayla Hansen, City Auditor of Harwood, ND