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