FLOOD RESOLUTION

 

                                                                   Washington County, Nebraska

                                                                     

 

                                                                                  Washington County Planning Department

                                                                                                   1555 Colfax Street

                                                                                                     Blair, NE  68008

                                                                                                      (402)   426-6872

                                                                                                    (402) 426-6843 Fax

                                                                                 e-mail:  planning@washingtoncountyne.org

                                                                                        web site:www.washcoplanning.org   

 

 

 

 

Resolution No. 1987-7

 

 

INTRODUCED BY THE BOARD OF SUPERVISORS OF WASHINGTON COUNTY CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS DEFINING THE SAME AND SETTING FORTH REGULATIONS THEREOF   (1/92)

 

SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES

1.1              1.1    STATUTORY AUTHORIZATION

        The Legislature of the State of Nebraska has in Section 23-114 delegated the responsibility to local

        governmental units to adopt zoning regulations designed to protect the health, safety and general welfare. 

        Therefore, the Board of Supervisors of Washington County, Nebraska ordains as follows:

1.2              1.2    FINDINGS OF FACT

        1.21     Flood Losses Resulting From Periodic Inundatio

                    The flood hazard areas of Washington County, Nebraska, are subject to 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.

           

        1.22     General Causes of These Flood Losses

 

                    These flood losses are caused by :  (1)  The cumulative effect of obstructions in floodways causing

                    increases in flood heights and velocities; (2)  The occupancy of flood hazard areas by uses vulnerable to

                    floods or hazardous to others which are inadequately elevated or otherwise protected from flood

                    damages.

           

        1.23     Methods Used to Analyze Flood Hazards

 

                    This Resolution uses a reasonable method of analyzing flood hazards which consists of a series of

                    interrelated steps.  (1/92)

                    (1)   Selection of a base flood which is based upon engineering calculations which permit a consideration of

                          such flood factors as its expected frequency of occurrence, the area inundated and the dept of

                          inundation. The base flood selected for this Resolution is representative of large floods which are

                          reasonably characteristic of what can be expected to occur on the particular streams subject to this

                          Resolution.  It is in the general order of a flood which could be expected to have a one percent (1%)

                         chance of occurrence in any one (1) year, as delineated in the official flood plain study, and illustrative

                         materials dated August 4, 1980 as amended. (1/92)

                    (2)   Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the

                          stream channel and overbank areas to convey the base flood.

                    (3)   Computation of the floodway required to convey this flood without increasing flood heights more than

                          one (1) foot at any point.

                    (4)   Delineation of floodway encroachment lines within which no obstruction is permitted which would

                          cause any increase in flood height.

                    (5)   Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines, but which still

                          is subject to inundation by the base flood.

 

1.3              STATEMENT OF PURPOSE

            It is the purpose of this Resolution to promote the public health, safety and general welfare and to minimize

            those losses described in Section 1.21 by applying the provisions of this Resolution to:  (1/92)

            1.31     Restrict or prohibit uses which are dangerous to health, safety or property in times of flooding or cause

                        undue increases in flood heights or velocities;

            1.32     Require that uses vulnerable to floods, including public facilities which serve such uses, be provided

                       with flood protection at the time of initial construction;

            1.33     Protect individuals from buying lands which are unsuited for intended purposes because of flood

                        hazard;

            1.34     Assure that eligibility is maintained for property owners in Washington County to purchase flood

                        insurance in the National Flood Insurance Program.  (1/92)

 

SECTION 2.0 GENERAL PROVISIONS

2.1       LANDS TO WHICH RESOLUTION APPLIES  (1/92)

            This Resolution shall apply to all lands within the jurisdiction of Washington County identified on the Flood

            Insurance Rate Map (FIRM) as numbered and unnumbered A Zones and/or within the Zoning Districts

            Floodway (FW) and Floodway Fringe (FF) established in Section 4.0 of this Resolution.  In all areas covered by

            this Resolution no development shall be permitted except upon a permit to develop granted by the Board of

            Supervisors, or its duly designated representative, under such safeguards and restrictions as they may

            reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the

            County and where specifically noted in Sections 5.0, 6.0 and 7.0.  (1/92)

 

 

2.2       THE ENFORCEMENT OFFICER

            The Washington County Planning Administrator is hereby designated as the duly designated enforcement

            officer of this Resolution.  (1/92)

 

2.3       RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES

            The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances

            on the official zoning map.  Where interpretation is needed to the exact location of the boundaries of the

            districts, as shown on the official zoning map, as for example where there appears to be a conflict between a

            mapped boundary and actual field conditions, the enforcement officer shall make the necessary interpretation.

            In such cases where the interpretation is contested, the Washington County Board of Adjustment will resolve

            the dispute.  The base flood elevation for the point in question shall be the governing factor in locating the

            district boundary on the land.  The person contesting the location of the district boundary shall be given a

            reasonable opportunity to present his case to the Board of Adjustment and to submit his own technical

            evidence, if he so desires.  (1/92)

 

2.4       COMPLIANCE

            No Development located within known flood hazard areas of the County shall be located, extended, converted

            or structurally altered without full compliance with the terms of this Resolution and other applicable

            regulations.  (1/92)

 

2.5       ABROGATION AND GREATER RESTRICTIONS

            It is not intended by this Resolution to repeal or impair any existing easements, covenants, or deed

            restrictions.  However, where this Resolution imposes greater restrictions, the provisions of this Resolution

            shall prevail.  All other regulations inconsistent with this Resolution are hereby repealed to the extent of the

            inconsistency only.  (1/92)

 

2.6       INTERPRETATION

            In their interpretation and application, the provisions of this Resolution shall be held to be minimum

            requirements and shall be liberally construed in favor of the Washington County Board of Supervisors and

            shall not be deemed a limitation or repeal of any other powers granted by State Statutes.  (1/92)

 

2.7       WARNING AND DISCLAIMER OF LIABILITY

            The degree of flood protection required by this Resolution is considered reasonable for regulatory purposes

            and is based on engineering and scientific methods of study.  Larger floods may occur on rare occasions or the

            flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted

            by debris.  This Resolution does not imply that areas outside floodway and floodway fringe district

            boundaries, or land uses permitted within such districts, will be free from flooding or flood damages.  This

            Resolution shall not create liability on the part of Washington County, Nebraska or any officer or employee

            thereof for any flood damages that may result from reliance on this Resolution or any administrative decision

            lawfully made thereunder.  (1/92)

 

2.8       SEVERABILITY

            If any section, clause, provision or portion of this Resolution is adjudged unconstitutional or invalid by a court

            of competent jurisdiction, the remainder of this Resolution shall not be affected thereby.  (1/92)

 

2.9       APPLICATION FOR APPEAL

            Where a request for a permit to develop is denied by the Washington County Planning Administrator, the

            applicant may apply for a variance directly to the Board of Adjustment.  (1/92)

 

            The Board of Adjustment may grant or deny such request by appropriate resolution adopted within thirty (30)

            days after the date of the public hearing at which a decision is rendered by the Board of Adjustment.  (1/92)

 

SECTION 3.0 FLOOD PLAIN DEVELOPMENT PERMIT

 

3.1       FLOOD PLAIN DEVELOPMENT PERMIT REQUIRED

            No person, firm or corporation shall initiate any development or substantial improvement or cause the same to

            be done without first obtaining a flood plain development permit.  (1/92)

 

3.2       ADMINISTRATION

            3.21     The Washington County Planning Administrator is hereby appointed to administer and implement the

                        provisions of this Resolution.  (1/92)

            3.22     Duties of the Washington County Planning Administrator shall include, but not be limited to, the

                        following:  (1/92)

                        (1)        Review all development permits to assure that sites are reasonably safe from flooding and that

                                    the permit requirements of this Resolution have been satisfied;  (1/92)

                        (2)        Review permits for proposed development to assure that all necessary permits have been

                                    obtained from those Federal, State or Local Governmental agencies from which prior approval is

                                    required;

                        (3)        Notify adjacent communities and the Nebraska Natural Resources Commission – Flood Plain

                                    Management Section prior to any alteration or relocation of a watercourse, and shall submit

                                    evidence of such notification to the Federal Emergency Management Agency;  (1/92)

                        (4)        Assure that maintenance is provided within the altered or relocated portion of said watercourse

                                     so that the flood carrying capacity is not diminished;

                        (5)        Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including

                                     basement) of all new or substantially improved structures;

                        (6)        Verify and record the actual elevation (in relation to mean sea level) to which the new or

                                     substantially improved structures have been floodproofed;

                        (7)        When floodproofing is utilized for a particular structure, the Washington County Planning

                                     Administrator shall be presented certification from a registered professional engineer.  (1/92)

 

3.3       MINOR\MAJOR\SUBSTANTIAL IMPROVEMENT  (1/92)

            3.31     In the floodway fringe, minor improvement, including damage repair, is not required to meet the

                        standards of this Resolution; although a flood plain development permit is required.  If an improvement

                        is 50% or greater than the current market value of the structure, the improvement is considered new

                        development and the standards of this Resolution must be followed and a flood plain development

                        permit is required.

            3.32     In the floodway, minor improvement (less than 50% of current market value) is not allowable if it results

                        in increased flood heights.  Substantial improvements must be elevated at least one (1) foot above the

                        base flood elevation and meet the no-rise certification criteria.  Any improvement in the floodway must

                        not result in increased flood heights.

 

3.4       APPLICATION FOR FLOOD PLAIN DEVELOPMENT PERMIT

            To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose.

            Every such application shall:

            3.41     Identify and describe the work to be covered by the permit;

            3.42     Describe the land on which the proposed work is to be done by lot, block, tract and house and street

                        address, or similar description, that will readily identify and definitely locate the proposed building or

                        work;

            3.43     Indicate the use or occupancy for which the proposed work is intended;

            3.44     Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate

                        such authority;

            3.45     Give such other information as reasonably may be required by the Washington County Planning

                        Administrator.  (1/92)

 

SECTION 4.0 ESTABLISHMENT OF ZONING DISTRICTS

 

4.1       CREATION OF DISTRICTS

            The mapped flood plain areas within the jurisdiction of this Resolution are hereby divided into the two

            following districts:  A floodway overlay district (FW) and a floodway fringe overlay district (FF) as identified in

            the official flood plain study and illustrative materials dated August 4, 1980, as amended.  Within these

            districts all uses not meeting the standards of this Resolution and those standards of the underlying zoning

            district shall be prohibited.  These zones shall be consistent with the numbered and unnumbered A Zones as

            identified on the official FIRM when identified in the Flood Insurance Study provided by the Federal

            Emergency Management Agency.  (1/92)

 

SECTION 5.0 STANDARDS FOR THE FLOODWAY OVERLAY DISTRICT AND THE FLOODWAY FRINGE OVERLAY DISTRICT

 

5.1       SPECIFIC STANDARDS

            5.11     No permit for development shall be granted for new construction, substantial improvement or other

                        improvements, including the placement of manufactured homes within the identified flood plain, unless

                        the conditions of this Section are satisfied.  (1/92)

            5.12     All areas identified as unnumbered A Zones by the Federal Emergency Management Agency are subject

                        to inundation of the 100 year flood; however, the water surface elevation was not provided.  The

                        unnumbered A Zones shall be subject to all development provisions of this Resolution.  If Flood

                        Insurance Study data is not available, the County shall utilize any base flood elevation data currently

                        available within its area of jurisdiction.  (1/92)

            5.13     New construction, subdivision proposals, substantial improvement, prefabricated buildings, placement

                        of manufactured homes and other developments shall require:

                        (1)        Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting

                                    from hydrodynamic and hydrostatic loads including the effects of buoyancy;

                        (2)        New or replacement water supply systems and/or sanitary sewage systems be designed to

                                    minimize or eliminate infiltration of flood waters into the systems and discharges from the

                                    systems into flood waters, and on-site waste disposal systems be located so as to avoid

                                    impairment or contamination;

                        (3)        Construction with materials resistant to flood damage, utilizing methods and practices that

                                    minimize flood damages, and 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;

                        (4)        All utility and sanitary facilities be elevated or floodproofed one foot above the base flood

                                    elevation;

                        (5)        That until a floodway has been designated, no development, including landfill, may be

                                     permitted within the identified flood plain unless the applicant for the land use has

                                     demonstrated that the proposed use, when combined with all other existing and reasonably

                                     anticipated uses, will not increase the water surface elevation of the 100-year flood more than one

                                     (1) foot on the average cross-section of the reach in which the development or landfill is located

                                     as shown in the official flood plain study and illustrative materials incorporated by reference;

                                     Section 1.23 (1) of this Resolution;  (1/92)

                        (6)        Storage of Material and Equipment:

                                    (a)        The storage or processing of materials that are in time of flooding buoyant, flammable,

                                                explosive, or could be injurious to human, animal or plant life is prohibited;

                                    (b)        Storage of other material or equipment may be allowed if not subject to major damage by

                                                 floods and firmly anchored to prevent flotation or if readily removable from the area

                                                 within the time available after flood warning;

                        (7)        Subdivision proposals and other proposed new development, including manufactured home

                                    parks or subdivisions, be required to assure that:

                                    (a)        All such proposals are consistent with the need to minimize flood damage;

                                    (b)        All public utilities and facilities, such as sewer, gas, electrical, and water systems are

                                                 located, elevated and constructed to minimize or eliminate flood damage;

                                    (c)        Adequate drainage is provided so as to reduce exposure to flood hazards;

                                    (d)        Proposals for development (including proposals for manufactured home parks and

                                                 subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such

                                                 proposals the base flood elevation;

                                    (e)        For all plats of land located in areas of special flood hazard, appropriate markings and

                                                notations indicating possible flood hazards shall be placed on the plat.  (1/92)

                        (8)        Recreation vehicles placed on sites within the identified floodplain on the County’s flood maps

                                    shall either:

                                    (a)        be on the site for fewer than 180 consecutive days,

                                    (b)        be fully licensed and ready for highway use, or

                                    (c)        meet the permit requirements and the elevation and anchoring requirements for

                                                 “manufactured homes” of this Resolution.

            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.

            (4/93)

 

SECTION 6.0 FLOODWAY FRINGE OVERLAY DISTRICT

 

6.1       PERMITTED USES

            Any use permitted in Section 7.0 shall be permitted in the Floodway Fringe Overlay District.  No use shall be

            permitted in the district unless the standards of Section 5.0 are met.

 

6.2       STANDARDS FOR THE FLOODWAY FRINGE OVERLAY DISTRICT

            6.21     Require new construction or substantial improvement of residential structures to have the lowest floor,

                        including basement, elevated one foot above the base flood elevation.

            6.22     Require new construction or substantial improvement of non-residential structures to have the lowest

                        floor, including basement, elevated one foot above the base flood elevation or, together with attendant

                        utility and sanitary facilities, to be floodproofed so that below such level the structure is watertight with

                        walls substantially impermeable to the passage of water and with structural components having the

                        capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.  A registered

                        professional engineer shall certify that the standards of this Subsection are satisfied.  Such certification

                        shall be provided to the Washington County Planning Administrator.  (1/92)

            6.23     Require for all new construction and substantial improvement that fully enclosed areas below the lowest

                        floor that 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 be certified by a registered professional engineer and meet or exceed the criteria as stated below. 

                        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.  The bottom of all openings shall be no

                        higher than one foot above grade.  Openings may be equipped with screens, louvers, valves, or other

                        coverings or devices provided that they permit the automatic entry and exit of floodwaters.  (1/92)

            6.24     Manufactured Homes

                        All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement.

                        Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines.  In

                        the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or

                        their equivalent) shall be met:

                        (1)        Over-the-top ties be provided at each of the four corners of the manufactured home with two                                       additional ties per side at intermediate locations, with manufactured homes less than 50 feet long

                                     requiring only one additional tie per side; or  (1/92)           

                        (2)        Frame ties be provided at each corner of the manufactured home with five additional ties per

                                    side at intermediate points, with manufactured homes less than 50 feet long requiring only four

                                    additional ties per side.    (1/92)

                        (3)        All components of the anchoring system be capable of carrying a force of 4800 pounds.

                        (4)        Any additions to manufactured homes be similarly anchored.                                                                  6.25   All manufactured homes, or those to be substantially improved, shall conform to the following

                        requirements:   (1/92)

                        (1)        Manufactured homes that are placed or substantially improved on a site (i) outside of                                     a manufactured home park or subdivision, (ii) in a new manufactured home park or

                                    subdivision, (iii) in a expansion to an existing manufactured home park or subdivision, or (iv) in

                                    an existing manufactured home park or subdivision on which a manufactured home has incurred                                     “substantial damage” as the result of a flood, be elevated on a permanent foundation such that

                                      the lowest floor of the manufactured home is elevated one (1) foot above the base flood

                                      elevation and be securely anchored to an adequately anchored foundation system to resist

                                      flotation, collapse and lateral movement.  (1/92)

                        (2)         Manufactured homes to be placed or substantially improved on sites in existing manufactured

                                      home parks or subdivisions that are not subject to the provisions of (1) above be elevated so that

                                      either: (i) the lowest floor of the manufactured home is at or above the base flood elevation, or

                                      (ii) the manufactured home chassis is supported by reinforced piers or other foundations

                                      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.  (1/92)

           

 SECTION 7.0 FLOODWAY OVERLAY DISTRICT

7.1       PERMITTED USES

            Only uses having a low flood-damage potential and not obstructing flood flows shall be   permitted within the

            Floodway District to the extent that they are not prohibited by any other regulations and provided they do not

            require structures, fill, or storage of materials or equipment.  No use shall increase the flood levels of the base

            flood elevation.  These uses are subject to the standards of Section 5.0 and 6.0.

            7.11     Agricultural uses such as general farming, pasture, nurseries, forestry.

            7.12     Residential uses such as lawns, gardens, parking and play areas.

            7.13     Non-residential areas such as loading areas, parking, airport landing strips.

            7.14     Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife

                        and nature preserves.

            7.15     New placement of residential structures including manufactured homes is prohibited within the                          identified floodway (FW) area.

            7.16     Replacement of manufactured homes in existing manufactured home parks and subdivisions is

                        prohibited unless the conditions of 6.24 and 7.1 are met.

            7.17     In the Unnumber Zone A area, obtain, review and reasonably utilize any floodway data available

                        through Federal, State or other sources or Section 5.13 (7) (d) of this Resolution, in meeting the standards

                        of this Section.  (1/92)

SECTION 8.0 VARIANCE

8.1       VARIANCE PROCESS

            8.11     The Board of Adjustment as established by the Washington County Board of Supervisors hear and

                        decide appeals and requests for variances from the requirements of this Resolution.  (1/92)

            8.12     The Board of Adjustment shall hear and decide appeals when it is alleged that an error in any

                        requirement, decision, or determination has been made by the Washington County Planning

                        Administrator in the enforcement or administration of this Resolution.  (1/92)

            8.13     Any person aggrieved by the decision of the Board of Adjustment or any taxpayer, may appeal such

                        decision to the Washington County District Court as provided in the Nebraska Revised Statutes.  (1/92)

            8.14     In passing on such applications, the Board of Adjustment shall consider all technical evaluation, all

                        relevant factors, standards specified in other sections of this Resolution, and:  (1/92)

                        (1)        the danger that materials may be swept onto other lands to the injury of others;                      

                        (2)        the danger to life and property due to flooding or erosion damage;

                        (3)        the susceptibility of a 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 Washington County;  (1/92)    

                        (5)        the necessity to the facility of a waterfront location, where applicable;

                        (6)        the availability of alternative locations, not subject to flooding or erosion damage, for the

                                     proposed use;

                        (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 for that area;

                        (9)        the safety of access to the property in time of flood for ordinary and emergency vehicle  (1/92)      

                                    (a)        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,

                                    (b)        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.

8.2       CONDITIONS FOR VARIANCES

            8.21     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 flood

                        level, providing items 8.22-8.26 below have been fully considered.  As the lot size increases beyond the one-half acre, the

                        technical jurisdiction required for issuing the variance increases.

            8.22     Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair

                        or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is

                        the minimum necessary to preserve the historic character and design of the structure.  (1/92)

            8.23     Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge

                        would result.

            8.24     Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood

                        hazard, to afford relief.

            8.25     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, or conflict  

                                    with existing local laws or regulations.

            8.26     Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be

                        commensurate with the increased risk resulting from the reduced lowest floor elevation.

 

SECTION 9.0 PENALTIES FOR VIOLATION

 

Violation of the provisions of this Resolution or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor.  Any person who violates this Resolution, or fails to comply with any of its requirements, shall, upon conviction thereof, be fined not more than allowed by Statute, and in addition, shall pay all costs and expenses involved in the case.  Each day such violation continues shall be considered a separate offense.  (1/92)

 

Nothing herein contained shall prevent Washington County or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

 

SECTION 10.0 AMENDMENTS

 

The regulations, restrictions and boundaries set forth in this Resolution may from time to time be amended, supplemented, changed or repealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.  At least 15 days notice of the time and place of such hearing shall be published in a newspaper of general circulation in Washington County.  The regulations of this   Resolution area in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976, and the 1983 Nebraska Floodplain Management Act.  (1/92)  (4/93)

 

SECTION 11.0 DEFINITIONS

 

Unless specifically defined below, words or phrases used in this Resolution shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Resolution its most reasonable application.  (1/92)

 

ACTUARIAL RATES: or “risk premium rates” are those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuarial principles.  Actuarial rates include provisions for operating costs and allowances.

 

APPEAL:  a request for a review of the Washington County Planning Administrator’s interpretation of any provision of this Resolution or a request for a variance.  (1/92)

 

AREA OF SPECIAL FLOOD HAZARD:  the land in the flood plain within the County subject to one percent or greater chance of flooding in any given year.  (1/92)

 

BASEMENT:  any area of the building having its floor subgrade (below ground level) on all sides.  (1/92)

 

BASE FLOOD ELEVATION:  elevation indicated in the official flood plain study and on the maps and illustrative material dated August 4, 1980, as amended, as the elevation of the 100-year flood.  (1/92)

 

BASE FLOOD PROTECTION ELEVATION:  an elevation one foot higher than the water surface elevation of the base flood.

 

CHANNEL:  a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water.  Channel flow, thus, is that water which is flowing within the limits of a defined channel.

 

DEVELOPMENT:  any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

 

EXISTING CONSTRUCTION:  (for the purposes of determining rates) structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRM’s effective before that date.  “Existing Construction” may also be referred to as “existing structures.”

 

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:  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, either final site grading or the pouring of concrete pads and the construction of streets) were completed before February 4, 1981.  (1/92)          

 

EXPANSION TO EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:  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, either final site grading or pouring of concrete pads or the construction of streets).  (1/92)

 

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM):  the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the floodway boundaries applicable to the County.  (1/92)

 

FLOOD OR FLOODING:  a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation of runoff or surface waters from any source.

 

FLOOD INSURANCE RATE MAP:  an official map of Washington County on which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the County.  (1/92)

 

FLOOD INSURANCE STUDY:  the official report provided by the Federal Emergency Management Agency.  The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

 

FLOODPLAIN:  any land area susceptible to being inundated by water from any source.  (1/92)

 

FLOOD PLAIN MANAGEMENT:  the operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plan, flood control works, and flood plain management regulations.

 

FLOOD PROTECTON SYSTEM:            those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within the County subject to a “special flood hazard.”  Such a system typically includes levees or dikes.  These specialized modifying works are those constructed in conformance with sound engineering standards.  (1/92)

 

FLOOD PROOFING:  any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water.  Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

 

FLOODWAY (FW):  the channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain.

 

FLOODWAY FRINGE (FF):  that area of the flood plain, outside of the floodway, that on an average is likely to be flooded once every 100 years (i.e.: that has a one percent chance of flood occurrence in any one year).

 

FREEBOARD:  a factor of safety usually expressed in feet above a flood level for purposes of flood plain management.  “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

 

HIGHEST ADJACENT GRADE:  the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

 

HISTORIC STRUCTURE:  any structure that is:  (4/93)

            (1)        Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or

                        preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the

                        National Register;

            (2)        Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a

                        registered historic district or a district preliminarily determined by the Secretary to qualify as a registered

                        historic district;

            (3)        Individually listed on a state inventory of historic places in states with historic preservation programs which have been

                        approved by the Secretary of the Interior; or

            (4)        Individually listed on a local inventory of historic places in communities with historic preservation programs that have been

                        certified either:

                        (a)        By an approved state program as determined by the Secretary of the Interior, or

                        (b)        Directly by the Secretary of the Interior in states without approved programs.

 

LOWEST FLOOR:  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 non-elevation design requirements of this Resolution.  (1/92)

 

MANUFACTURED HOME:  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 attached to the required utilities.  The term “manufactured home” does not include a “recreational vehicle.”  (4/93)

 

MANUFACTURED HOME PARK OR SUBDIVISON:  a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

 

NEW CONSTRUCTION:  structures for which the “start of construction” or “substantial improvement” is commenced on or after February 4, 1981, the effective date of the FIRM.

 

NEW MANUFACTURED HOME PARK OR SUBDIVISION:  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 on concrete pads) is complete on, or after, February 4, 1981.  (1/92)

 

OVERLAY DISTRICT:  a district which acts in conjunction with the underlying zoning district or districts.

 

PRINCIPALLY ABOVE GROUND:  means that at least 51 percent of the actual cash value of the structure is above ground.  (4/93)

 

RECREATIONAL VEHICLE:   a vehicle which is:  (1/92)

            (1)        built on a single chassis;

            (2)        400 square feet or less when measured at the largest horizontal projection;

            (3)        designed to be self propelled or permanently towable by a light duty truck; and

            (4)        designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or

                        seasonal use.

 

START OF CONSTRUCTION:  (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date.  The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.  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.  (4/93)

 

STRUCTURE:  a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

 

SUBSTANTIAL DAMAGE:  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 (50) percent of the market value of the structure before the damage occurred.  (1/92)

 

SUBSTANTIAL IMPROVEMENT:  any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before 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:  (1/92)

            (1)        any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code

                         specifications which have been identified by the local code enforcement official and which are the minimum necessary to

                         assure safe living conditions, or (1/92)

            (2)        any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as

                        a “historic structure”.  (1/92)

 

VARIANCE:  a grant of relief to a person from the requirements of this Resolution which permits construction in a manner otherwise prohibited by this Resolution where specific enforcement would result in unnecessary hardship.  (1/92)

 

100-YEAR FLOOD:  the base flood having a one percent chance of annual occurrence.

 

ADOPTED AND APPROVED by the Governing Body of Washington County, Nebraska the 26th day of May, 1987.

 

REVISED AND APPROVED by the Governing Body of Washington County, Nebraska the 28th day of January, 1992.

                                                                         

 

REVISED AND APPROVED by the Governing Body of Washington County, Nebraska the 27th day of April, 1993.  (Resolution #1993-17)