22-19 - Amend Chapter 1308 flood damage prevention following FEMA flood zone update - ordinance

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A. BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However, L Where BFEs increase in a restudied area, communities have the re- sponsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected. ii. Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LIT) has been issued or until all appeals have been resolved. B. If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of subsection (i)(2) of Section 1308.04 since the data in the draft or preliminary FIS represents the best data available. (3) Zones B, C, and X: Use of BFE and floodway data from a prelim- inary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, Al -30, AH, AO, VE, or VI-30. Communities are encouraged to reasonably uti- lize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected. (n) Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall: (1) determine whether damaged structures are located in special flood hazard areas; (2) conduct substantial damage determinations for damaged structures located in special flood hazard areas; and (3) require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or recon- struction. Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subse- quent repair process. These measures include issuing press releases, pub- lic service announcements, and other public information materials re- lated to the floodplain development permits and repair of damaged struc- tures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance in- surance claims. 1308.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION. The following use and development standards apply to development wholly within, partially within, or in contact with any special flood haz- ard area as established in subsection (f) of Section 1308.01, subsection (1)(1) of Section 1308.03, or subsection (m) of Section 1308.03: (a) Use Regulations. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Lakewood are allowed provided they meet the provisions of these regulations. (b) Water and Wastewater Systems. The following standards apply to 34