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HomeMy Public PortalAboutORD-CC-2009-06ORDINANCE #2009-06 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 Flood Channel Zone, in an effort to facilitate the protection of life and property from damage because of floods orderly growth and development in the City as well as to curtail losses and damage to properties from flooding; 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 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, 2009, reviewed the changes to Code text that references the Flood Channel; 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, WHEREAS, Council reviewed Ordinance #2009-03 in a regularly scheduled meeting held on April 14, 2009, 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 prevention benefits from flooding to the residents of Moab. NOW, THEREFORE, the Moab City Council hereby ordains that Chapter 17.30, FC-1, Flood Channel Zone shall be amended to read as follows: Ordinance #2009-06 Page 1 of 3 Sections: 17.33.010 17.33.020 17.33.030 17.33.040 17.33.050 Chapter 17.33 FC-1 FLOOD CHANNEL ZONE Objectives and characteristics. Use requirements. Area, width and location requirements. Supplementary regulations Enforcement and Penalties 17.33.010 Obiectives and characteristics. The primary purpose of the FC-1 flood channel 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 Use requirements. Only the following uses shall be permitted in the FC-1 flood channel zone: A. Agricultural uses, farming, truck gardening and the growing of nursery stock; B. Temporary corrals, pens and coops that will not impede the free flow of floodwaters in a significant way, and are sufficiently anchored to resist movement by floodwaters; C. Fencing up to six feet in height provided that the requirements of paragraph 17.33.060 are met; C. The care and keeping of animals and fowl subject to the rules and regulations of the board of health; D. Revetments and other flood protection structures; E. Public parks, trails, and playgrounds; F. Public transportation structures. 17.33.030 Area, width and location requirements. There shall be no regulations pertaining to area, width or location of building requirements in the FC-1 flood channel zone. (Prior code § 27-12-3) 17.33.040 Specific Regulations. The following use regulations shall apply: A. Fences. — No fences either temporary or permanent in nature shall be permitted to be erected with the FC-1 zone unless a fencing plan is approved by the City Floodplain Administrator. The plan shall include scaled drawing(s) that clearly depict the location of the fence on the property, an elevation view of the fence indicating the materials to be used, and a timeline for the construction of the fence. 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 Ordinance #2009-06 Page 2 of 3 floodwaters. The best 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, 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. See also Supplementary Requirements and Procedures Applicable Within Zones, Chapter 17.09. 17.33.050 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 ninety (90) days, 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 Governing Body of Moab City Council on April 14, 2009. SI �ST: Rachel Ellison, Recorder NE . 7,A.-- David L. Sakrison, Mayor Ordinance #2009-06 Page 3 of 3