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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.