HomeMy Public PortalAboutORD-CC-1989-02111/ ORDINANCE 89-02
FLOOD DAMAGE PREVENTION ORDINANCE
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
1.1 STATUTORY AUTHORIZATION
The Legislature of the State of
Utah Code
Utah has in
(State)
delegated the respon-
(State Statutes)
sibility to local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry.
Therefore, the Moab City Council
f Moab City Corp. ,
(Governing Body) (Local Unit)
Utah does ordain as follows:
(State)
1.2 FINDINGS OF FACT
(1) The flood hazard areas of Moab City Corp. are
(Local Unit)
subject to periodic inundation which results in loss of life
and property, healthandsafety 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.
(2) These flood losses are caused by the cumulative effect of
obstructions in areas of 'special -flood hazards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately flood-
proofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
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 to specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control
projects;
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 sound
use and development ofareas 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
hazards assume responsibility for their actions.
1.4 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 the alteration of natural floodplains, stream
channels, and natural protective barriers, which help accom-
modate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development
which may increase flood damage; 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.
31 DEC 1986
SECTION 2.0
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.
"Appeal'" means.a request for a review of the Mayor "s
(Local Administrator)
interpretation of any provision of this ordinance or a request for a variance.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet;
a clearly defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident.
"Area of special flood hazard" means the land in the floodplain subject to
a one percent or greater chance of flooding in any given year.
"Base flood" means the flood having a one percent chance of _ being
equalled or exceeded in any given year.
"Development" means 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 located
within the area of special flood hazard.
"Existing manufactured home park or subdivision" means a manufactured home
park for which the construction of facilities for servicing the lot 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) are completed before the effective date of this
ordinance.
"Flood Insurance Study" means the official report provided by the Federal
Emergency Management Agency that includes flood profiles, the Flood Eoundary-
Floodway Map, and the water surface elevation of the base flood.
"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 1 foot.
"Lowest floor" means 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 ordinance.
'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. This .term also
includes park trailers, travel trailers and other similar vehicles placed on a
site for greater than 180 consecutive days.
"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.
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
"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 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.
"Structure" means a walled and roofed building or manufactured home that is
principally above ground
"Substantial improvement" means any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored, .before the
damage occurred. For the purpose 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 of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to comply with existing
State or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions, or
(2) any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
"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.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of. special flood hazards
jurisdiction of Moab City Corporation
(Local Unit)
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled, "The
Flood Insurance Study for the Moab City Corporation
(Local Unit)
dated April 18th , 19115 with an accompanying Flood
Insurance Rate Map (FIRM) is hereby adopted by reference and declared to be
a part of this ordinance. The Flood Insurance Study and FIRM are on file
at 125 E. CENTER STREET
(Address of Study and Map Repository)
within the
3.3 COMPLLANCE
No structure or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of this
ordinance and other applicable regulations.
3.4 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, 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.
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,
0) Deemed neither to limit nor repeal any other powers granted
under State statutes.
3.6 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 be increased by man -trade or natural causes.
This ordinance does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding dr
flood damages. This ordinance shall not create liability on the part of
Moab City Corporation , any officer or employee
(Local Unit)
thereof, or the Federal Emergency Management Agency for any flood damages
that result from reliance on this ordinance or any administrative decision
lawfully made thereunder.
SECTION4.0
ADMINISTRATION
4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be obtained before construction or development
begins within any area of special flood hazard established in Section 3.2.
Application for a development permit shall be made on. forms furnished by
the Mayor
(Local Administrator)
and may include, but not be limited to:
Plans in duplicate drawn to scale showing the nature, location, dimensions,
and elevations of the area in question;_ existing or proposed structures,
fill, storage of materials, drainage facilities; and the location of the
foregoing. Specifically, the following information is required:
(1) Elevation in relation to mean sea level of the lowest
floor' (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any
structure has been floodproofed;
(3) Certification by a registered professional engineer
or architect that the floodproofing methods for any
non-residential structure meet the floodproofing
criteria in Section 5.2-2; and,
(4) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
4.2 DESIGNATION OF THE
The
Mayor
(Local Administrator)
Mayor is hereby appointed to administer and
(Local Administrator)
implement this ordinance by granting or denying development permit
applications in accordance with its provisions.
11
4.3 DUTIES AND RESPONSIBILITIES OF THE Mayor
(Local Administrator)
Duties of the Mayor
.(Local Administrator)
shall include, but not be
limited to:
4.3-1 Permit Review
(1) Review all development` permits to determine that the permit
requirements of this ordinance have been satisfied.
(2) Review all development permits to determine that all necessary
permits have been obtained from Federal, State, or local
governmental agencies from which prior approval is required.
(3) Review all development permits, to determine if the proposed
development is located in the floodway. If located in the
floodway, assure that the encroachment provisions of Section
5.3(1) are met.
4.3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance with
Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,
the Mayor
shall obtain, review, and
(Local Administrator)
reasonably utilize any base flood elevation and floodway data
available, from any Federal, State, or other source as criteria for
requiring that new construction, substantial improvements, or other
development in Zone A are administered in accordance with Section 5.2,
SPECIFIC STANDARDS.
4.3-3 Information to be Obtained and Maintained
(1) Obtain and record the actual elevation (in relation to mean sea
level) 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:
(i) Verify and record the actual elevation (in
relation to mean sea level) to which the
structure has been floodproofed.
(ii) Maintain the floodproofing certifications
required in Section 4.1(3).
(3) Maintain for public inspection all records pertaining to the
provisions of this ordinance.
4.3-4 Alteration of Watercourses
(1) Notify adjacent communities and the Utah State Engineer
(State Coordinating Agency)
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.
4.3-5 Interpretation of FIRM Boundaries
Make interpretations, where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example, where-
there appears to be a conflict between a mapped boundary and actual
field conditions). The person contesting the location of, the boundary
shall be given a reasonable opportunity to appeal the interpretation
as provided in Suction 4.4.
4.4 VARIANCE PROCEDURE
4.4-1 Appeal Board
(1) The MOAB CITY COUNCIL as established by
(Appeal Board)
Moab City Corporation shall hear and decide appeals
(Local Unit)
and request for variances from the requirements of this ordinance.
(2) - The MOAB CITY COUNCIL shall 'hear and decide appeals
(Appeal Board)
when it is alleged there is an error in any requ.irement,;decision,
or determination made by the
Mayor in the
(Local Administrator)
enforcement or administration of this ordinance,
(3) Those aggrieved by the decision of the MOAB CITY COLWITT
(Appeal Board)
or any taxpayer, may appeal such decisions to the
7th District Court
Appropriate Court)
(Name of
, as provided in Utah
(State Statute)
(4) In passing upon such applications, the
MOAB CITY COUNCIL
(Appeal Board)
shall consider all technical evaluations, all relevant factors,
standardsspecified in other
the danger that materials may be swept onto
other lands to the injury of others;
sections of this ordinance, and:
14
the danager to life and property due to flooding or
erosion damage;
the susceptibility of the proposed facility and its
contents to flood damage and `the effect of such
damage on the individual owners;
(iv) the importance of the services provided by the
proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for the
proposed use which are not subject to flooding or
erosion damage;
(vii) the compatibility of the proposed use with< the
existing and anticipated development;
(viii)- the relationship of the proposed use:to the
comprehensive plan and floodplain management program
for that area;
the safety of access to the property in times o
flood for ordinary and emergency vehicles;
(x) 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,
(xi) 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, streets
and 'bridges.
81 DEC 1986
ass
(5) Upon considerationof the factors of Section 4.4-1(4) and the
purposes of this ordinance, the MOAB CITY COUNCIL may
(Appeal Board)
attach such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
(6) The Mayor shall maintain the records
(Local Administrator)
of all appeal actions, including technical information, and report
any variances to the Federal Emergency Management Agency.
4.4-2 Conditions for Variances
(1) 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 . (i-xi)
in Section 4.4-1(4) have been fully considered As the lot size
increases beyond the one-half acre, the technical justifications
required for issuing the variance increases.
(2) 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.
(3) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge
would result.
4
(4) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that 'failure to grant the variance
would result in exceptional hardship to the
applicant; and
(iii) a determination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety, extra-
ordinary public expense, create nuisances,
cause fraud on or victimization of the:public
as identified in Section 4.4-1(4) or conflict _
with existing local laws or ordinances.
(6) 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 below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk
from the reduced lowest floor elevation.
17
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards, the following standards are required:
5.1-1 Anchoring
(1) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure and
capable of resisting the hydrostatic and hydrodynamic loads.
(2) All manufactured homes must be elevated and anchored to resist
flotation, collapse or lateral movement and capable of resisting the
hydrostatic and hydrodynamic loads. 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. Specific
requirements may be:
(i) 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 one additional tie per
side.
(ii) frame ties be provided at each corner of the
home with five additional ties per side at
intermediate points, with manufactured homes
less than 50 feet long requiring four
additional ties per side;
31 DEC 1986
(iii) all components of the anchoring system be
capable of carrying a force of 4,80.0
pounds; and,
any additions to the manufactured home be
similarly anchored.
5.1-2 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.
5.1-3 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;
and,
(3) on -site waste disposal systems shall be located to avoid
impairment to them or contamination from theist during flooding.
5.1 -4 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;
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 or 5 acres (whichever is less).
5 2 SPECIFIC STANDARDS
In all areas of special flood hazards where base .flood elevation data has
been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, or Section 4.3-2,-Use of Other Base Flood '
Data, the following provisions are required:
Residential Construction
(1) New construction and substantial improvement of any residential
structure shall have the lowest floor (including basement)
elevated to or above the base flood elevation.
(2) Require within any AO and AH Zone on the FIRM that all new
construction and substantial improvements of residential
structures have.the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth
number specified in feet on the FIRM (at least two feet if no
depth
number' is specified) .
Require within Zones AO and AH adequate drainage paths around
Structures on slopes to guide floodwaters around and away from
proposed structures,
5.2-2 Nonresidential Construction
(1) New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have
the lowest floor (including basement) elevated ;to the level of
the base flood elevation; or, together with attendant utility
and sanitary facilities, shall;
(a) be floodproofed so that below the base flood elevation the
structure is watertight with walls substantially impermeable
to the passage of water;
(b)have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c) be certified by a registered professional engineer or
architect that the design and methods of construction are
in accordance with accepted standards of practice for
meeting the provisions of this paragraph. Such certifications
shall be provided to the official as set forth in
Section 4.3-3 (2)
(2) -Require within any AO and AH Zone on the FIRM that all new
construction and substantial improvements of residential
structures have the loWest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth
number specified in feet on the FIRM (at least two feet if no
depth number is specified) .
Require within Zones A0 and AH adequate drainage paths around
structures on slopes to guide floodwaters around and away from
proposed structures.
5.2-2 Nonresidential Construction
(1) New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have
the lowest floor (including basement) elevated to the level of
the base flood elevation; or, together with attendant_u.t.ility
and sanitary facilities, shall:
(a) be floodproofed so that below the base flood elevation the
structure is watertight with walls substantially impermeable
to the passage of water;
(b)have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c) be certified by a registered professional engineer or
architect that the design and methods of construction are
in accordance with accepted standards of practice for
meeting the provisions of this paragraph. Such certifications
shall be provided to the official as set forth in
Section 4.3-3(2).
(2) Require within any AO and AH Zone on the FIRM that all new.
construction and substantial improvements of nonresidential
structures (i) have the lowest floor (including basement)
elevated above the highest adjacent grade at least as high as
the depth number specified in feet on the FIRM (at least
two feet if no depth number is specified), or (ii) together
with attendant utility and sanitary facilities be completely
floodproofed to that level to meet the floodproof ing standard
specified in Section 5.2-2(1).
(3) Require within Zones AO and•AH adequate drainage paths around
structures on slopes to guide floodwaters around and away from
proposed structures.
5.2-3 Manufactured Homes
(1) Manufactured homes shall be anchored in accordance with
Section 5.1-1(2).
(2) All manufactured homes or those to be substantially improved
shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is at or above the base
flood elevation and is securely anchored to an adequately
anchored foundation system. This paragraph applies to
manufactured homes to be placed or substantially improved in
an expansion to an existing manufactured home park or
subdivision. This paragraph does not apply to manufactured homes
to be placed or substantially improved in an existing manufactured
home park or subdivision except where the repair, reconstruction,
or improvement of the streets, utilities and pads equals or
exceeds 50 percent of the value of the streets, utilities and
pads before the repair, reconstruction or improvement has
commenced.
FLOODWAYS
Located within areas of special flood hazard established in
Section 3.2 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 encroachments, 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.
(2) If Section 5.3(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable
flood hazard. reduction provisions of Section 5.0, PROVISIONS
FOR FLOOD HAZARD REDUCTION.
This ordinance approved and adopted this 18th day of April
1989, by the City Council of the City of Moab and becomes
effective upon publication.