§ 14-4. National flood insurance.

(a)

Application for insurance. Application is hereby made to the federal insurance administration of the Department of Housing and Urban Development for flood insurance to be made available to all citizens in the corporate limits of Abbeville, Louisiana, under the terms and provisions of the National Flood Insurance Act of 1968, as amended, and positive interest in securing coverage in said program is hereby indicated and land use and control measures with effective enforcement provisions will be adopted, said provisions to be in harmony with criteria therefor as may be developed by the federal insurance administrator, such measures to commence as soon as necessary technical information for flood control elevations is made available. Regulations shall be based on said information unless prior approval for the use of modified information has been obtained.

(b)

Actions by council—Generally. The city council shall make maximum effort to take all official legislative and executive action as may be necessary to carry out the objectives of the program and will cooperate with all federal, state and local agencies undertaking the survey, study, mapping, and identity of flood prone areas within the corporate limits.

(c)

Same—Flood hazards. The city council shall make maximum effort to secure necessary legal authority to adopt, ratify and/or approve local flood plain regulations and having shown interest in coping with flood hazards, it has and will continue to urge citizens and businesses to elevate as much as possible the flood level of buildings and other structures within the corporate limits.

(d)

Implementation. The mayor or his designee may implement the application hereby made and may furnish upon request of the National Flood Insurance Association and/or the federal insurance administrator or any appropriate federal and/or state agency all information necessary and requested for structures constructed within areas of special flood hazards after flood insurance is first made available concerning:

(1)

First floor elevation; and

(2)

If there is a basement, the distance from the floor to the bottom of the lowest opening where water flowing over the ground could enter.

(e)

Permits—Generally. No person or any other entity shall construct or cause to be constructed any structure (residential, industrial, commercial or otherwise) or cause the placement of mobile homes, without first obtaining a permit to construct same from the city building permit agent, which office is hereby created and shall be filled by the city secretary-treasurer.

(f)

Same—Issuance. Building permits shall be issued only after the building permit agent has determined that the building site is reasonably safe from flooding; or if a flood hazard exists, no new construction (including prefabricated, modular, component and/or mobile homes) shall be authorized unless:

(1)

The same is designed and planned by anchor to prevent flotation, collapse or lateral movement thereof;

(2)

The construction materials and utility equipment are resistant to flood damage; and

(3)

Construction methods are utilized that will minimize flood damage.

Designation of the flood hazard area will be made by use of the flood hazard boundary map as supplied by the Federal Insurance Administration and any revision thereto.

(g)

Subdivisions, etc. Proposed subdivisions and land use areas shall be reviewed to assure that:

(1)

All proposals for construction provide for methods to minimize flood damage;

(2)

All public utilities and facilities such as sewerage, gas, electrical service and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided for so as to reduce exposure to flood hazards.

All subdivision proposals or other proposed new developments of greater than fifty (50) lots or five (5) acres, whichever is the lesser, will include base flood elevation data for the proposed site.

(h)

Utility systems generally. All new or replacement water supply systems and/or sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into the floodwaters. All on-site waste disposal systems, solid and sanitary, shall be located to avoid impairment to them or contamination from them during flooding.

(i)

Violations. Any person who undertakes construction of a structure without first obtaining a permit as provided herein shall be guilty of a misdemeanor. All construction found in violation of the requirements of this section shall be halted until full compliance is assured and a permit is issued.

(j)

Mobile homes. All mobile homes within zone A of the flood hazard boundary map or flood hazard area if there is no flood hazard boundary map shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

(1)

Over-the-top ties shall be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations, with mobile homes less than fifty (50) feet long requiring one additional tie per side;

(2)

Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points, with mobile homes less than fifty (50) feet long requiring four (4) additional ties per side;

(3)

All components of the anchoring system shall be capable of carrying a force of forty-eight hundred (4,800) pounds;

(4)

Any additions to the mobile home shall be similarly anchored.

(k)

Base flood elevation. The mayor or his designee shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source until such other data has been provided by the Federal Insurance Administrator, as criteria for requiring that:

(1)

All new construction and substantial improvements of residential structures shall have the lowest flood (including basement) elevated to or above the base flood level; and

(2)

All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated or floodproofed to or above the base flood level.

(l)

Lowest habitable floor; floodproofing. The mayor or his designee shall:

(1)

Obtain the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not such structures contain a basement;

(2)

Obtain, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; and

(3)

Maintain a record of all such information.

(m)

Alteration of watercourse. No alteration or relocation of any portion of a watercourse will be permitted if said alteration lessens the flood-carrying capacity of said watercourse. Notification of such action will be made to the adjacent communities and the state coordinating officer, and copies of such notifications will be sent the federal insurance administrator prior to any such alteration or relocation.

(n)

Excavation plan. The mayor or his designee shall prepare an evacuation plan indicating alternate vehicular access and escape routes for all mobile home parks and mobile home subdivisions located within zone A of the flood hazard boundary map or flood hazard area if there is no flood hazard boundary map. Such plan will be filed with all disaster preparedness authorities within the parish.

(o)

Review of proposed developments. The mayor or his designee shall review all proposed developments to assure that all other necessary permits have been received from those governmental agencies that require permits under federal or state law. This shall include, but not be limited to, section 404 permits of the Federal Water Pollution Control Act Amendments of 1972.

(p)

Location of flood hazard areas. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards, the mayor or his designee shall make the necessary interpretation.

(q)

Appeals; variances. The city council shall have the authority to consider all conflict, appeal and variance procedures. The granting of a variance shall be conducted in accordance with the conditions stated in 24 CFR 1910-6 of the federal insurance administration regulations or any revisions thereto.

(r)

Intent. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur, and flood heights may be increased by manmade or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This section shall not create liability on the part of the city or any officer or employee thereof, for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

(Code 1957, § 5-7.1)