HomeMy Public PortalAboutORD-CC-2015-05ORDINANCE #2015-05
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE,
CHAPTER 17.33, FC-1 FLOOD CHANNEL ZONE, SPECIFICALLY
REFERENCING FENCING, STRUCTURES FOR PUBLIC TRANSPORTATION,
VEGETATION AND PENALTIES
WHEREAS, the Moab, Utah (City) City Council ("Council') adopted the Moab Municipal
Code ("Code") Title 17.00, Zoning, and especially Chapter 17.30, FC-I, Flood Channel
Zone, in an effort to facilitate the protection of life and property from damage because of
floods; and,
WHEREAS, City Council determined that the name "FC-1 Flood Channel' Zone was confusing
and requested that the FC-1 Flood Channel be renamed to "F W Floodway" Zone; and
WHEREAS, the FC-1 Flood Channel Zone is the designated Regulatory Floodway and
includes the channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height; and
WHEREAS, the City, through involvement in the National Flood Insurance Program
(NFIP), must regulate development in these floodways to ensure that there are no
increases in upstream flood elevations; and
WHEREAS, from time to time, the Federal Emergency Management Administration (FEMA)
has conducted hydrologic studies and presented the city with necessary changes to the
boundaries of the Floodway that may or may not alter the boundaries of the FC-1 Flood Channel
Zone; and,
WHEREAS, over time, City staff has recognized that certain aspects of Code Chapter 17.30, FC-
1, Flood Channel Zone, are not conducive to providing adequate protection from flood damage;
and,
WHEREAS, fencing in floodways, construction of public transportation structures,
construction of barriers, removal or planting of vegetation in floodways, and enforcement
and penalties are inadequately addressed in the existing text of the FC-1 Zone; and,
WHEREAS, Staff has recommended the attached amendments to the FC-1 Zone; and,
WHEREAS, the City of Moab Planning Commission ("Commission") in a public hearing
held on March 26, 2015, reviewed the changes to Code text that references the Flood
Chanel; and,
WHEREAS, the Commission found that adoption of the proposed language for the continued
participation of the City in the NFIP was a great benefit to the residents of the City of Moab;
and,
WHEREAS, the Commission favorably recommends the new language to Council for review
and approval; and,
Ordinance #2015-05 Page 1 of 4
WHEREAS, Council reviewed Ordinance #2015-05 in a regularly scheduled meeting
held on July 28, 2015, to hear and decide the merits of the proposed change to Chapter 15.30,
Flood Channel Zone, of the Code; and,
WHEREAS, Council found that the changes will add to the welfare and safety of the
residents and provide greater benefits to the residents of Moab..
NOW, THEREFORE, the Moab City Council hereby ordains that Chapter 17.33, FC-1,
Flood Channel Zone shall be amended to read as follows:
Chapter 17.33
FW FLOODWAY ZONE
Sections:
17.33.010
17.33.020
17.33.030
17.33.040
17.33.050
Objectives and characteristics.
Use requirements.
Area, width and location requirements.
Supplementary regulations
Enforcement and Penalties
17.33.010 Objectives and characteristics.
The primary purpose of the FW floodway zone is to facilitate the protection of life and property
from damage due to flood events by ensuring that the creek channel and adjacent overbank areas
necessary to convey flood flows will be permanently kept free of encroachments. Lands within
this zone are characterized by the primary creek channel and adjacent riparian fringes, which are
free of buildings, fences, and fill embankments that are likely to be damaged or which will likely
cause a restriction to the free flow of floodwaters during recurring floods. (Prior code § 27-12-1)
17.33.020 The following terms used in this chapter shall have the meanings set forth in this
section.
"Flood Hazard Area" means identified on the Flood Insurance Rate Map are identified as a
Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundated by the
flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-
percent annual chance flood is also referred to as the base flood or 100-year flood
"Floodplain" means an area of nearly flat low-lying ground along the course of a stream, river, or
coast that is naturally subject to flooding.
"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 without cumulatively increasing the water
surface elevation more than a designated height.
Ordinance #2015-05 Page 2 of 4
Fringe
F
Level
Flood Hazard Area
(100•Year Floadplain)
Roadway
Stream
Chancel
Fringe
Normal Water
Level
"Flood Zones" are geographic areas that FEMA has defined according to varying levels of flood
risk. These zones are depicted on a community's Flood Insurance Rate Map (FIRM) or Flood
Hazard Boundary Map and each zone reflects the severity or type of flooding in the specific area.
17.33.030 Use requirements.
The following uses shall be permitted in the FW flood channel zone:
A. Agricultural uses such as farming, truck gardening and the growing of nursery
stock;
B. Pasturing of animals;
C. Revetments and other flood protection structures;
D. Public parks, trails, and open space;
E. Public transportation structures if "no rise" can be shown;
F. Fences as per requirements in 17.33.050, below; and
G. Maintenance of vegetation with a permit.
17.33.040 Area, width and location requirements.
There shall be no regulations pertaining to area, width or location of building
requirements in the FW Floodway Zone. (Prior code § 27-12-3)
17.33.050 Specific Regulations.
The following use regulations shall apply:
A. Fences. — Fences will be allowed only if it can be determined through an
engineering study that they can satisfy a No -rise (<0.00') in the FEMA and
Community BFE.
1. Exception. An engineering study may not be required for fences such as smooth
or barbed wire fences that are constructed in a way that the fence will be pushed
over or ripped out early in the flood or will swing in the direction of the flood
flow. Fencing similar to the styles on pages 159 -162 in the book, Fences, released by
the Bureau of Land Management, United States Forest Service http://www.fs.fed.us/t-
d/pubs/), and the Society for Range Management may also be considered as
appropriate.
B. Planting or removal of trees and shrubs. — Deep-rooted vegetation within the flood
channel provides critical protection against large scale erosion. However, dense stands of
sturdy trees and woody shrubs can also obstruct the free flow of floodwaters. The best
Ordinance #2015-05 Page 3 of 4
situation is scattered native trees with a dense groundcover of native shrubs and grasses
that offer minimal resistance to the passage of floodwaters. No existing native vegetation
shall be removed and no new trees shall be planted within the floodway without the
written approval of the City Floodplain Administrator. For any clearing or revegetation
activity, a stabilization plan is required to be submitted to the city for evaluation and
approval by City Staff.
C. Floodway to be kept clear. — The presence of debris such as fallen trees and tree
limbs, construction materials, vehicles, or similar uses, within the floodway represents a
significant hazard to the community as the debris can be transported by the floodwaters
and become lodged against one of the several bridges structures. The accumulation of
debris or storage of materials is prohibited within the floodway. It shall be the property
owner's responsibility to keep the floodway portion of their property free of any such
materials.
D. Prohibited structures. No permanent structures such as sheds, dwellings, or
permanent corrals shall be located in the floodway.
17.33.060 Enforcement and Penalties
No structure or land shall hereafter be constructed, altered, converted, or extended without full
compliance with the provisions of this chapter and all other applicable regulations. Violations of
this chapter by failing to comply with any of its requirements shall constitute a misdemeanor. Any
person who violates this ordinance through non-compliance with any of its requirements shall
upon conviction thereof be fined not more than $1,000.00 or imprisoned for not more than six (6)
months, or both, for each violation, and in addition shall pay all costs and expenses involved in the
case. Such associated costs may include attorney fees, all court fees, staff time, and shall include
costs associated with the abatement of the violation. Such costs may include, but are not limited
to, removal of all prohibited barriers, structures, or fill. Nothing herein contained shall prevent the
City of Moab from taking such other lawful action as is necessary to prevent or remedy any
violation.
AND, FURTHERMORE, the Moab City Council hereby ordains that Chapter 17.06,
Definitions, shall be amended to include the following term:
Revetment. A wall or facing of stone, concrete, masonry, wood or other stabilizing material
placed on the banks of rivers, streams or levees to protect them from erosion
Effective Immediately Upon Passage.
PASSED AND APPROVED in open Council by a majority vote of the Ggveming Body of
Moab City Council on August 18, 2015.
Rachel E. Stenta, Recorder
Ordinance #2015-05
David L. Sakrison, Mayor
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