HomeMy Public PortalAboutOrdinances-2002-256 .
Pi OF TIFFIN ORDINANCE NO. 2002 - ' 2.5
AN ORDINANCE REPLACING THE "FLOOD PLAIN MANAGEMENT ORDINANCE",
O wl ,MUNI}IPAL#10DE O NTgFIlV,o O o060DA 19103C0066D,D 9103C0070D0-2002
amending city ordinances #185 and #252
BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA:
Section 1. Purpose. The purpose of its ordinance is to replace the "Flood Plain
Management Ordinance" adopted in 1993, of the Municipal Code of Tiffin, Iowa, by
adopting the following:
Section 2. Amendment.
FLOODPLALN MANAGEMENT ORDNANCE
SECTION I- Statutory Authority,Findings of Fact and Purpose
.. The Legislature of the State of Iowa has in Chapter 364, Code of Iowa, as amended, delegated
the power to cities to exercise any power and perform any function it deems appropriate to
protect and preserve the rights, privileges and property of the city or of its residents, and to
preserve and improve the peace, safety, health, welfare, comfort and convenience of.its
residents.
3. Findings of Fact
1. The flood hazard areas of Tiffin are subject to periodic inundation which can resultin loss of
life and property, health and safety 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 of the
community.
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2. These flood losses, hazards, and related adverse effects are caused by: (i) The occupancy of
flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as
a result of being inadequately elevated or otherwise protected from flooding and (ii) the
cumulative effect of obstructions on the flood plain causing increases in flood heights and
velocities.
. Statement of Purpose
is the purpose of this Ordinance to protect and preserve the rights, privileges and property of
and its residents and to preserve and improve the peace, safety, health, welfare, and comfort
:_ convenience of its residents by minimizing those flood losses described in Section IBI of this
rdinaace with provisions designed to:
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1. Restrict or prohibit uses which are dangerous to health, safety or property in times'of flood
or which cause excessive increases in flood heights or velocities.
2. Require that uses vulnerable to floods, including public facilities which serve such uses, be
protected against flood damage at the time of initial construction or substantial
improvement.
'3. Protect individuals from buying lands that may not be suited for intended purposes because
of flood hazard.
4. Assure that eligibility is maintained for property owners in the community to purchase flood
insurance through the National Flood Insurance Program.
SECTION II- General Provisions
A. Lands to Which Ordinance Apply
The provisions of this Ordinance shall apply to all lands and uses which have significant flood
hazards. The Flood Boundary and Floodway Map and the Flood Insurance Rate Map (FIRM), dated
July 31, 2000, and any future revisions thereto, which were prepared as part of the Tiffin Flood
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Insurance Study, shall be used to identify such flood hazard areas and all areas shown thereon to be
within the boundaries of the 100-year flood shall be considered as having significant flood hazards.
Where uncertainty exists with respect to.the precise location of the 100-year flood boundary, f
location shall be determined on the basis of the 100-year flood elevation at the particular site
question. The Tiffin Flood Insurance Study is hereby adopted by reference and is made a part of
this ordinance for the purpose of administering flood plain management regulations.
B. Compliance
No structure or land shall hereafter be used and no structure shall be located, extended, converted or
structurally altered without full compliance with the terms of this Ordinance and other applicable
regulations which apply to uses within the jurisdiction of this Ordinance.
C. Abrogation and Greater Restrictions
It is not intended by this Ordinance to repeal, abrogate or impairnny existing easements, covenants,
or deed restrictions. However, where this Ordinance imposes greater restrictions, the provision of
this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby
repealed to the extent ofthe inconsistency only.
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D. Interpretation
In their interpretation and application, the provisions of this Ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by State statutes.
E. Warning and Disclaimer of Liability
The standards required by this Ordinance are considered reasonable for regulatory purposes. This
Ordinance does not imply that areas outside the designated areas of significant flood hazard will be
free,from flooding or flood damages. This Ordinance shall not create liability on the part of Tiffin
or any officer or employee thereof for any flood damages that from reliance on this Ordinance or
any administrative decision lawfully made thereunder.
F. Severability.
If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid
by a court of competent jurisdiction,the remainder of this Ordinance shall not be affected thereby..
SECTION III-Flood Plain Management Standards
A. General Flood Plain Standards •
All uses must be consistent with the need to minimize flood damage and meet the following
applicable performance standards. Where 100-year flood data has not been provided in the Flood
Insurance Study, the Iowa Department of Natural Resources shall be contacted to determine (i)
whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii)
the 100 year flood level. The applicant will be responsible for providing the Department of Natural
Resources with sufficient technical information to make such determination.
1. All development within the areas of significant flood hazard shall:
a. Be consistent with the need to minimize flood damage.
b. Use construction methods and practices that will minimize flood damage.
c. Use construction materials and utility equipment that are.resistant to flood damage.
d. Obtain all other necessary permits from federal, state and local governmental agencies .
including approval when required from the Iowa Department of Natural Resources.
2. =Residential buildings - All new or substantially improved residential structures shall have
the lowest floor, including basement, elevated a Minimum of one (1) foot above the 100-year
flood level. Construction shall be upon compacted fill which shall, at all points, be no lower
than 1.0 ft. above the 100-year flood level and extend at such elevation at least 18 feet
beyond the limits of any structure erected thereon. Alternate methods of elevating (such as
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piers)may be allowed subject to favorable consideration-by the City Council, where existing
topography, street grades, or other factors preclude elevating by fill. In such cases, the
methods used must be adequate to support the structure as well as withstand the vari
forces and hazards associated with flooding.
All new residential structures shall be provided with a means of access which will be
passable by wheeled vehicles during the 100-year flood.
3. Non-residential buildings - All new or substantially improved non-residential buildings shall
have the lowest floor (including basement) elevated a minimum of one (1) foot above the
100-year flood level, or together with attendant utility and sanitary systems, be floodproofed
to such a level. When floodproofing is utilized, a professional engineer registered in the
State of Iowa shall certify that the floodproofmg methods used are adequate to withstand the
flood depths, pressures, velocities, impact and uplift forces and other factors associated with
the 100-year flood; and that the structure, below the 100-year flood level is watertight with
walls substantially impermeable to the passage of water. A record of the•certification
indicating the specific'elevation (in relation to National Geodetic Vertical Datum) to which
any structures are floodproofed shall be maintained by the Administrator.
4. All new and substantially improved structures:"
a. Fully enclosed areas below the "lowest floor" (not including basements) that are subject
to flooding shall be designed to automatically equalize hydrostatic flood forces' on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting t]
requirement must either be certified by a registered professional engineer or meet
exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided they permit the automatic`entry and exit of floodwaters.
Such areas shall be used solely for parking of vehicles, building access and low damage
potential storage.
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b. New and substantially improved structures must be designed (or modified) and
= adequately anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
c. New and substantially improved structures must 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.
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5. Factory-built homes:
a. All factory-built homes, including those placed in existing factory-built home parks or
subdivisions, shall be elevated on a permanent foundation such that the lowest floor of
the structure is a minimum of one (1) foot above the 100-year flood level.
b. All factory-built homes, including those placed in existing factory-built home parks or
subdivisions; shall be anchored to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or frame
ties to ground anchors.
6. Utility and Sanitary Systems:
a. On-site waste disposal and water supply systems shall be located or designed to avoid
impairment to the system or contamination from the system during flooding.
b.: All new and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system as well as the discharge of effluent
into flood waters. Wastewater treatment facilities (other than on-site systems) shall be
provided with a level of flood protection equal to or greater than one (1) foot above the
100-year flood elevation.
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c. New or replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system. Water supply treatment facilities (other than
on-site systems) shall be provided with a level of protection equal to or greater than one
(1)foot above the 100-year flood elevation.
d Utilities such as gas or electrical systems shall be located and constructed to minimize or
eliminate flood damage to the system and the risk associated with such flood damaged or
impaired systems.
7. Storage of materials and equipment that are flammable, explosive or injurious to human,
animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100-
year flood level. Other material and equipment must either be similarly elevated or(i)not be
_ subject to major flood damage and be anchored to prevent movement due to flood waters or
(ii)be readily removable from the area within the time available after flood warning.
8. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum,
protection from a 100-year,flood with a minimum of 3 ft. of design freeboard and shall ,
provide for adequate interior drainage. In addition, structural flood control works shall be
approved by the Department of Natural Resources.
9. Watercourse alterations or relocations must be designed to maintain the flood carrying"
capacity within the altered or relocated portion. In addition, such alterations or relocations
must be approved by the Department of Natural Resources.
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10. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with
the need to minimize flood damages and shall have adequate drainage provided to reds
exposure to flood damage. Development associated with subdivision proposals (including
the installation of public utilities) shall meet the applicable performance standards of this
Ordinance. Subdivision proposals intended for residential'use shall provide all lots with a
means of access which will be passable by wheeled vehicles during the 100-year flood.
Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less)
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shall include 100-year flood elevation data for those areas located within the area of
significant flood hazard.
11. Accessory Structures
a Detached garages, sheds, and similar structures accessory to a residential use are exempt
from the 100-year flood elevation requirements where the following criteria are satisfied.
(1) The structure shall not be used for human habitation.
(2) The structure shall be designed to have low flood damage potential.
(3) The structure shall be constructed and placed on the building,site so as to offer
minimum resistance to the flow of floodwaters.
(4) The structure shall be firmly `anchored to prevent flotation, which may result
damage to other structures.
(5) The structure's service facilities such as electrical and heating equipment shall be
elevated or floodproofed to at least one foot above the 100-year'`flood level.
b. Exemption from the 100-year flood elevation requirements for. such a structure may
result in increased premium rates for flood insurance coverage of the structure and its
contents.
12. Recreational Vehicles
a. Recreational vehicles are exempt from the requirements of Section III A5 of this
Ordinance regarding anchoring and elevation of factory-built homes when the following
criteria are satisfied.
(1) The recreational vehicle shall be located on the site for less than 180 consecutive
days, and,
(2) The 'recreational vehicle must be fully licensed and ready'for highway use. A
recreational vehicle is ready for highway use if it is on its wheels or jacking system -
and is attached to the site only by quick disconnect type utilities and security
devices and has no permanently attached additions.
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b. Recreational vehicles that are'located on the site for more than 180 consecutive days or
are not ready for highway use must. satisfy requirements of Section III AS of this
Ordinance regarding anchoring and elevation of factory-built homes.
13. Pipeline river and stream crossings shall be buried in the streambed and banks; or otherwise
sufficiently protected to prevent rupture due to channel degradation and meandering.
B. Special Floodway Provisions
In addition to the General Flood Plain Standards, uses within the floodway must meet the following
applicable standards. The floodway is that portion of the flood plain which must be protected from
developmental encroachment to allow the"free flow of flood waters. Where floodway data has been
provided in the Flood Insurance Study, such data shall be used to define the floodway. Where no
floodway data has been provided, the Department of Natural Resources shall be contacted to
provide a floodway delineation. The applicant will be responsible for providing the Department of
Natural Resources with sufficient technical information to make such determination.
1. No use shall be permitted in the floodway that would result in any increase in the 100-year
flood level. Consideration of the effects of any development on flood levels shall be based
upon the assumption that an equal degree of development would be allowed for similarly
situated lands.
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2. All uses within the floodway shall:
a. Be consistent with the need to minimize flood damage.
b. Use construction methods and practices that will minimize flood damage.
c. Use construction materials and utility equipment that are resistant to flood damage.
3. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to
the main stream, drainage ditch or any other drainage facility or system.
4. Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable
General Flood Plain standards and shall be constructed or aligned to present the minimum
possible resistance to flood flows.
5. Buildings, if permitted, shall have a low flood damage potential and shall not be for human
habitation.
6. Storage of materials or equipment that are buoyant; flammable, explosive or injurious to
human, animal or plant life is prohibited, Storage of other material may be allowed if
readily removable from the floodway within the time available after flood warning.
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7. Watercourse alterations or relocations (channel changes and modifications) must be
designed to maintain the flood carrying capacity within the altered or relocated portion. In
addition, such alterations or relocations must be approved by the Department of Natur
Resources.
8. _Any fill allowed in the floodway must be shown to have some beneficial purpose and shall
be limited to the minimum amount necessary.
9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise
sufficiently protected to prevent rupture due to channel degradation and meandering or due
to the action of flood flows.
C. Special Provisions for Shallow Flooding Areas -
In addition to the General Flood Plain Standards, uses within shallow flooding areas must meet the
following applicable standards.
1. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map
(FIRM), the minimum floodproofing/flood protection elevation shall be equal to the number
of feet as`specified on the FIRM (or a'minimum of 2.0 ft. if no number is specified) above
the highest natural grade adjacent to the structure.
2. In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the
minimum floodproofmg/flood protection elevation shall be equal to the elevation
specified on the FIRM.
SECTION IV -Administration
A. Appointment. Duties and Responsibilities of Flood Plain Administrator
1. The Mayor is hereby appointed to implement and administer the provisions of this
Ordinance and will herein be referred to as the Administrator.
2. Duties of the Administrator shall include,but not necessarily be limited to the following:
a. Review all flood plain development permit applications to assure that the provisions of
this Ordinance will be satisfied.
b. Review flood plain development applications to assure that all necessary permits have
been obtained from federal, state and local governmental agencies-including approval
when required from the Department of Natural Resources for flood plain construction.
c. Record and maintain a record of the elevation (in relation to National Geodetic Vertical
Datum) of the lowest floor (including basement) of all new or substantially improved---
structures.
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d. Record and maintain a'record of the elevation (in relation to National Geodetic Vertical
datum)to which all new or substantially improved structures have been floodproofed.
e. Notify adjacent communities/counties and the Department of Natural Resources prior to
any proposed alteration or relocation of a watercourse and submit evidence of such
notifications to the Federal Emergency Management Agency.
f. Keep a record of all permits, appeals and such other transactions and correspondence
pertaining to the administration of this Ordinance.
B. Flood Plain Development Permit
1. Permit Required - A Flood Plain Development Permit issued by the Administrator shall be
secured prior to any flood plain development (any man-made change to improved and
unimproved real estate, including but not limited to buildings or other structures, mining,
filling, grading, paving, excavation or drilling operations),-including the placement of
factory-built homes.
2. Application for Permit -,Application shall be made on forms furnished by the Administrator
and shall include the following:
a. Description of the work to be covered by the permit for which application is to be made.
b. Description of the land on which the proposed work is to be done (i.e., lot, block, track,
street address or similar description) that will readily identify and locate the work to be
done.
c. Indication of the use or occupancy for which the proposed work is intended.
d. Elevation of the 100-year flood.
e. Elevation (in relation to National. Geodetic Vertical Datum) of the lowest floor
(including basement) of buildings or of the level to which a building is to be
floodproofed.
f. For buildings being improved or rebuilt, the estimated cost of improvements and market
value of the building prior to the improvements.
g. Such other information as the Administrator deems reasonably necessary (e.g., drawings
li or a site plan) for the purpose of this Ordinance.
3. Action on Permit Application - The Administrator shall, within a reasonable time, make a
determination as to whether the proposed flood plain development meets the applicable
standards of this Ordinance and shall approve or disapprove the application. lor.-
disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. •
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The Administrator shall not issue permits for variances except as directed by the City
Council.
4. Construction and Use to be as Provided in Application and Plans - Flood Plain Developme
Permits based on the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and applications'and no other
use, arrangement or construction. Any use, arrangement, or construction at variance with
that authorized shall be deemed a violation of this Ordinance. The applicant shall be
required to submit certification by a professional engineer or land surveyor, as appropriate,
registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing,
or other flood protection measures were accomplished in compliance with the provisions of
this Ordinance,prior to the use or occupancy of any structure.
C. Variance
1. The City Council may authorize upon request in specific case's such variances from the terms
of this Ordinance that will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this Ordinance will result in
unnecessary hardship. Variances granted must meet the following applicable standards.
a. Variances shall only be granted 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 the variance will not result in
increased flood heights, additional threats to public safety, extraordinary public expens
create nuisances, cause fraud on or victimization of the public or conflict with existii
local codes or ordinances.
b. Variances shall not be issued within any designated floodway if any increase in flood
levels during the 100-year flood would result. Consideration of the effects of any
development on flood levels shall be based upon the assumption that an equal degree of
development would be allowed for similarly situated lands.
c: Variances shall only be granted upon a determination that the variance is the minimum
necessary,considering the flood hazard, to afford relief.
d. In cases where the variance involves a lower level of flood protection for buildings than
what is ordinarily required by this Ordinance, the applicant shall be notified`in writing
over the signature of the Administrator that: (i) the issuance of a variance will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage and (ii) such construction increases risks to life and property.
e. All variances granted shall have the concurrence or approval of the Department of
Natural Resources.
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2: Factors Upon Which the Decision of the Council Shall be Based - In passing upon
applications for Variances, the Council'shall consider all relevant factors specified in other
sections of this Ordinance and:
a. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
b. The danger that materials may be swept on to other land or downstream to the injury of
others.
c. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner.
e. The importance of the services provided by the proposed facility to the City.
f. The requirements of the facility for a flood plain location.
g' The availability of alternative locations not subject to flooding for the proposed use
h. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
i. The relationship. of the proposed use to the comprehensive plan and flood plain
management program for the area.
j. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood
water expected at the site.
1. The cost of providing governmental services during and after flood conditions, including
.maintenance and repair of public utilities (sewer, gas, electrical and "water systems),
facilities, streets and bridges.
m. Such other factors which are relevant to the purpose of this Ordinance.
3. 'Conditions Attached to Variances - Upon consideration of the factors listed above, the
Council may attach such conditions to the granting of variances as it deems necessary to
further the purpose of this Ordinance. Such conditions may include, but not necessarily be
limited to:
a. Modification of waste disposal and water supply facilities.
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b. Limitation of periods of use and operation.
c. Imposition of operational controls, sureties, and deed'restrictions.
d. Requirements for construction of channel modifications, dikes, levees. and other
protective `measures, provided such are approved by the Department of Natural
Resources and are deemed the only practical alternative to achieving the purpose of this
Ordinance.
e. Floodpro/ofing measures. •
SECTION V-Nonconforming Uses
A. A structure or the use of a"structure or premises which was lawful before the passage or
amendment of this Ordinance, but which.is not in conformity with' the provisions of this
Ordinance,may be continued subject to the following conditions:
1. If such use is discontinued for six (6) consecutive months, any future use of the building
premises shall conform to this Ordinance.
2. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as
nonconforming uses.
B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not
reconstructed if the cost is more than fifty (50) percent of the market value of the structure
before the damage occurred, .unless it is reconstructed in conformity with the provisions of this
Ordinance. This limitation does not include the cost of any alteration to comply with existing
state or local health, sanitary, building or safety codes or regulations or the cost of any alteration
of a structure listed on the National Register of Historic Places, provided that the alteration shall
not preclude its continued designation.
SECTION VI-Penalties for Violation
Violations of the provisions of this Ordinance or failure to comply with any of the requirements
shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any
of its requirements shall upon conviction thereof be fined not more than $ 100 or imprisoned for not
more than 30 days. Nothing herein contained prevent the city;:of Tiffm from taking such other
lawful action as is necessary to prevent or remedy violation.
SECTION VII-Amendments
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The regulations and standards set forth in this Ordinance may from time to time be amended,
supplemented, changed, or repealed. No amendinent; supplement, change, or modification shall be
undertaken without prior approval of the Department of Natural Resources.
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• SECTION VIII -Definitions 0Yol'`'o once 251
Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so
to give them the meaning they have in common usage and to give this Ordinance its most reasonabi
application.
BASE FLOOD - The flood having one (1) percent chance of being equaled or exceeded in any given
year. (See 100-year flood).
BASEMENT - Any enclosed area of a building which has its floor or lowest level below ground
, level (subgrade) on all sides. Also see "lowest floor."
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but
not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations.
EXISTING CONSTRUCTION - Any structure for which the "start of construction" commenced
before the effective date of the community's Flood Insurance Rate Map. May also be referred to as
• "existing structure".
EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION - A factory-built home park or
subdivision for which the construction of.facilities for servicing the lots on which the factory-built
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed before th
effective date of the flood plain management regulations adopted by the community.
EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR. SUBDIVISION = The
preparation of additional sites by the construction of facilities for servicing the lots on which the
factory-built homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FACTORY-BUILT HOME - Any structure, designed for residential use:, which is wholly or in
substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or
assembly and installation, on a building site. For•the purpose of this Ordinance factory-built homes
include mobile homes, manufactured homes and modular homes and also includes "recreational
vehicles" which are placed on a site for greater than 180 consecutive days and not fully licensed for
and ready for highway use.
FACTORY-BUILT HOME PARK - A parcel or contiguous parcels of land divided into two or
more factory-built home lofs for sale or lease. ,
FLOOD,- A general and temporary condition of partial or complete inundation of normally dry land
areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of
surface waters froth any source.
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FLOOD ELEVATION - The elevation floodwaters would reach at a particular site during the
occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of flood
waters related to the occurrence of the 100-year flood.
FLOOD INSURANCE RATE MAP (FIRM) - The official map prepared as part of(but published
separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk
premium zones applicable to the community.
FLOOD PLAIN - Any land area susceptible to being inundated by water as a result of a flood.
FLOOD PLAIN MANAGEMENT - An overall program of corrective and preventive measures for
reducing flood damages and promoting the wise use of flood plains, including but not limited to
emergency preparedness plans, flood control works, floodproofmg and flood plain management
regulations.
FLOODPROOFING - Any combination of structural and nonstructural additions, changes, or
adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate
flood damage to such structures.
FLOODWAY - The channel of a river or stream and those portions of the flood plains adjoining the
channel, which are reasonably required to carry and discharge flood waters or flood flows so that
confinement of flood flows to the floodway area will.not ucumulatively increase the water surface
elevation of the base flood by more than one (1) foot.
FLOODWAY FRINGE - Those portions of the flood plain, other than the floodway, which can be
filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow
velocities.
HISTORIC STRUCTURE -Any structure that is:
a. Listed individually in the National Register of; Historic Places, maintained by the
Department of Interior, or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing of the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or,
d. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified by either i) an approved state program as
determined by the Secretary of the Interior or ii) directly by the Secretary of the Interior in
states without approved programs.
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LOWEST FLOOR- The floor of the lowest enclosed area in a building including a basement except
when all the following criteria are met:
a. The enclosed area is designed to flood to equalize hydrostatic pressure during floods wii
walls or openings that'satisfy the provisions of Section lIIA4a of this Ordinance and
b. The enclosed area is.unfinished (not carpeted, drywalled, etc.) and used solely for low
damage potential uses such as building access, parking or storage, and
c. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained
in the enclosed area are located at least one (1) foot above the 100-year flood level, and
d. The enclosed area is not a "basement" as defined in this section.
In cases where the lowest enclosed area satisfies criteria a,,b, c, and d above, the lowest floor is the
floor of the next highest enclosed area that does not satisfy the criteria above.
NEW CONSTRUCTION - Those structures or development for which the start of construction
commenced on or after the effective date of the Flood Insurance Rate Map.
NEW FACTORY-BUILT HOME PARK OR SUBDIVISION - A factory-built home park or
subdivision'for which the construction of facilities for,servicing the lots on which the factory-built
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of the effective date of flood plain management regulations adopted by th
community.
ONE HUNDRED (100) YEAR FLOOD - A`flood, the magnitude of which has a one (1) percent
• chance of being equaled or exceeded in any given year or which, on the average, will be equaled or
exceeded a least once every one hundred (100)years.
RECREATIONAL VEHICLE-A vehicle which is:
a. Built on a single chassis;
b. Four hundred (400) square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by as light duty truck; and
d. Designed,primarily not for use as a permanent dwelling but as a temporary living quarters
for recreational, camping,travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA - The land within a community subject to the "100-year
flood". This land is identified as Zone A, AE, Al-A30, AO and AH on the.community's F1obd.-
Insurance Rate Map. .
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Q8ie#2510
START OF CONSTRUCTION - Includes substantial improvement, and means the date the
development permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date.
The actual start means either the first placement or permanent construction of a structure on a site,
such as pouring of a slab or footings, the installation of pile, the construction of columns, or any
work beyond the stage of excavation; or the placement of a factory-built 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. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of the
building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE - Anything constructed or erected on the ground or attached to the'ground, including,
but not limited to, buildings, factories, sheds, cabins, factor-built homes, storage tanks, and other
similar uses.
•
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damage condition would equal or exceed fifty(50) percent of the
market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - Any improvement to a structure which satisfies either of the
following criteria:
1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or
exceeds fifty (50) percent of the market value of the structure either (i) before the "start of
• construction" of the improvement , or (ii) if the structure has been "substantially damaged"
and is being restored, before the damage occurred. The term does not, however, include 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 conditions for the
existing use. The term also does not include any-alteration of an "historic structure",
provided the alteration will not preclude the structure's designation as an "historic structure".
2. Any addition which increases the original floor area of a building by 25 percent'or more. All
additions constructed after July 31, 2000 shall be added to any proposed addition in
-determining whether.the total increase in original floor space would exceed 25 percent.
VARIANCE - A grant of relief by a community from the terms of the flood plain management.
regulations.
VIOLATION - The failure of a structure or other development to be fully compliant with the
community's flood plain management regulations.
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D'aockocc41250
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. Severability. If any section, provision, or part of this Ordinance shall l be
adj adjudged not affect the validity
to be invalid or unconstitutional, such adjudication f not adjudged invalid or unconstitutional.
whole, or any section, provision, or part Cher
ective D . This,Ordinance shall be in effect after its final passage, approval,
Section 5. E=
and posting as provided by law.
_ da y of_ - 4CU�Iu` 2002, at'a regular meeting of the Tiffin City Council, Tiffin,
On the � Bartels introduced Ordinance No?0 0 2 % mnd moved that
Iowa, Councilperson D i 1 s
it be given its first reading. The motion was seconded by Councilperson
Ayes:
Gericke, Bartels , Dils and Shafer .
None. Absent: Walls .
Nayes:
Four present and having voted "Aye", Mayor Glen R Potter
members of the council being P 2 0 0 2_�$4 v� read the first time and discussed and
declared the motion carried, and Ordinance No. ,
placed on record.
o it was moved by Councilperson Gericke and seconded by
-Thereupon, that the laws and rules providing that ordinances
Councilperson Bartels
be considered and voted on for passage at two council meetings prior to the meeting at which it is to
be finally gassed be suspended and dispensed with and that Ordinance
No.2 0 0 2..aste be placed on its last reading.
Ayes:
Bartels, Gericke, Dils and Shafer .
None ." Absent: Walls
Nayes:
present voted "Aye", Mayor Glen R. Potter
Four members of the council being p and bavinn 2 p 0 2 25b gas then placed on its last reading and
declared the motion carried, and Ordinance..No. p
t was read the last time.
Bartels and seconded by
Thereupon it was moved by Councilperson that Ordinance No. 2002-256 _ be
Councilperson D i 1 s
placed upon its final passage and adopted.
Gericke, Dils, Shafer, Bartels
Ayes:
None. Absent:- Wails
Nayes:
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FLOOD ORDINANCE#2002.2,Vp
Four members of the council being present and having voted "Aye","A e y , Mayor Glen R Potter
declared the motion carried,and the ordinance was passed and adopted.
Whereupon the mayor declared that Ordinance No. 2 00 2- 256 be adopted and signified his
- approval of same by fixing his signature thereto.
Passed by the council on the 14th_day of August 2062 and approved by the
mayor on the 1_, 4th day of August 2002.
•
ADOPTED AND PASSED iy. the City Council of the City of Tiffin this 14th day of
August , 2002. `
GLEN R. POTTER, Mayor
_ LA T.
MART .C. REIKpt• :1, City CIerk
, CIerk of the City of
ry T'ifi7n, Iowa, state that on Ordinance entitled replacin¢ Ordinance#I87 of the
iunicipal code of Tiffin. Iowa reeardine the "FLOOD PLAN MANAGEMENT ORDNANCE"
AMENDING MAP DATE TO 8-20-2002 with revisions, amending#185 and #252
And known as No.2 0 0 2-256 was duly passed by the council on the 14_ day of
August 2002, and signed by the mayor on the 14th day of August
2002, and published on`the 20 t1ay of _A igus t 2002, by three public places within the limits of the City of Tiffin, y posting copies thereof
n,Iowa. �-�-
That I posted copies of Ordinance No 2002-256.n the following places:
Tiffin General Store, Morgan's Service Station, and the On the •r• a.t .co
Aga—L( <�
MAR TT B.C. ICE! City Clerk
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I ..
Federal Emergency Management Agency
1==
_iilill` .Washington, D.C. 20472 ,o‘ty,ce 2510
CERTIFIED MAIL
IN REPLY REFER TO:
RETURN.RECEIPT REQUESTED 115-I
February 20,2002
The Honorable Glenn Potter Community: City of Tiffin,IA
Mayor, City of Tiffin Community No.: '190173
P.O. Box 196 Map Panels Affected: 19103C0060 D,0066 D,
Tiffm, IA 52340 V and 0070 D
Dear Mayor Potter:
On October 3, 2001 you were notified of proposed modified flood elevation determinations affecting the
Flood Insurance Rate Map(FIRM)and Flood Insurance Study(FIS)report for the City of Tiffin,
Johnson County,Iowa. The statutory 90-day appeal period that was initiated on October 18,2001,when
the Federal Emergency Management Agency(FEMA)published a notice of proposed Base Flood
Elevations(BFEs)for your community in the Iowa City Press Citizen,has elapsed.
FEMA received no valid requests for changes in the BFEs. Therefore,the determination of the Agency
as to the BFEs for your'community is considered final. The'final BFEs will be published in the Federal
Register as soon as possible. The modified BFEs and revised map panels,as referenced above,are .
effective as of August 20, 2002, and revise the FIRM that was in effect prior to that date. For insurance
rating purposes,the community number and new suffix code for the panels being revised are indicated
above and on the maps and must be used for all new policies and renewals.
The FIRM and FIS report for your community have been prepared in our countywide format,which
means that flood hazard information for all jurisdictions within Johnson County has been combined into
one FIRM and FIS report. When the FIRM and FIS report are printed and distributed,your community
will receive only those panels that present flood hazard information for your community. We will
provide complete sets of the FIRM panels to county officials,where they will be available for review by
your community.
The modifications are pursuant to Section 206 of the Flood Disaster Protection Act of 1973
(Public Law 93-234)and are in accordance with the National Flood Insurance Act of 1968, as amended
(Title XIII of the Housing and Urban Development Act of 1968,Public Law 90-448),
42 U.S.C.4001-4128, and 44 CFR Part 65. Because of the modificatiops to the FIRM and FIS report for
your community made by this map revision, certain additional requirements must be met under Section
1361 of the 1968 Act, as amended,within 6 months from the'date of this letter. Prior to August 20,
2002,your community is required, as a condition of continued eligibility in.the National Flood Insurance
Program (NFIP),to adopt or show evidence of adoption of floodplain management,regulations that meet
the standards of Paragraph 60.3(d)of the NFIP regulations. These standards are the minimum
requirements and do not supersede any State or local requirements of a more stringent nature. _ `
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2 DCh gancel 5(o
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It must be emphasized that all of the standards specified in Paragraph 60.3(d)of the NFIP regulations
must be enacted in a legally enforceable document. This includes the adoption of the effective FIRM
and FIS report to which the regulations"apply and the modifications made by this map revision. Some of
the standards should already have been enacted by your community. Any additional requirements can be
met by taking one of the following actions:
1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d);
2. Adopting all of the standards of Paragraph 60.3(d) into one new, comprehensive set of
regulations; or
3. Showing evidence that regulations have previously been adopted that meet or exceed the
minimum requirements of Paragraph 60.3(d).
Communities that fail to enact the necessary floodplain management regulations will be suspended from
participation in the NFIP and subject to the prohibitions contained in Section 202(a)of the 1973 Act as.
amended.
A Consultation Coordination Officer(CCO)has been designated to assist your community with any
difficulties you may be encountering in enacting the floodplain management regulations. The CCO will
be the primary liaison between your community and FEMA. For information about your CCO,please
contact:
Mr.Mr.Robert G.Bissell ^�
Acting Director,Mitigation Division
Federal Emergency Management Agency,Region VII 4.0
2323 Grand Boulevard, Suite 900 `
Kansas City,MO 64108-2670
(816)283-7002
To assist your community in maintaining the FIRM,we have enclosed a Summary of Map Actions to
document previous Letter of Map Change(LOMC)actions(i.e., Letters of Map Amendment,Letters of
Map Revision)that will be superseded when the revised FIRM panels referenced above become
effective. Information on LOMCs is presented in the following four categories: (1)LOMCs for which
results have been included on the revised FIRM panels; (2)LOMCs for which results could not be shown
on the revised FIRM panels because of scale limitations or because the LOMC issued had determined
that the lots or structures involved were outside the Special Flood Hazard Area as shown on the FIRM;
(3)LOMCs for which results have not been included on the revised FI}.M panels because the flood
hazard information on which the original determinations were based are being superseded by new flood
hazard information; and(4)LOMCs issued for multiple lots or structures where the determination for
one or more of the lots or structures cannot be revalidated through an administrative process like the
LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that
reaffirms the validity of a previously issued LOMC;the letter will be sent to your community shortly
before the effective date of the revised FIRM and will become effective 1 day after the revised FIRM
becomes effective. For the LOMCs listed in Category 4,we will review the data previously submitted
for the LOMA or LOMB request and issue a new determination for the affected properties after the
revised FIRM becomes effective.
oat/ Z570
3 -
If you have any questions regarding the necessary floodplain management measures for your community
or the NFIP in general,we urge you to call the Director, Mitigation Division of FEMA in Kansas City,
Missouri,at(816)283-7002,for assistance. If you have any questions concerning mapping issues in
general or the enclosed Summary of Map Actions, please call our Map Assistance Center,toll free,at
1-877-FEMA MAP(1-877-336-2627).
,*' Sincerely,
Matthew B.Miller,P.E., Chief
Hazards Study Branch
Federal Insurance and Mitigation
Administration
List of Enclosures:
"National Flood Insurance Program Elevation Certificate and Instructions"
"Frequently Asked Questions Regarding the Effect That Revised Flood Hazards Have on Existing
Structures"
"Lowest Floor Elevation Certifications for Flood Insurance Post Flood Insurance Rate Map
Construction"
"Use of Flood Insurance Study(FIS)Data as Available Data"
"National Flood Insurance Program Regulations"
Final Summary of Map Actions
cc: Community Map Repository
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01.8 FINAL SUMMARY OF MAP ACTIONS I v< k519
Community::.TIFFIN, CITY OF Community No.: 190173
To assist your community in maintaining the Flood Insurance Rate Map (FIRM),we have summarized
below the previous Letter of Map Change(LOMC)actions(i.e.,Letters of Map Revision(LOMRs)
and Letters of Map Ammendment (LOMAs))that will be affected when the revised FIRM becomes
effective on 02/02/2002.
1.LOMRS and LOMAs Incorporated _
The modifications effected by the LOMRs and LOMAs listed below will be reflected on the revised
FIRM. However,these LOMRs and LOMAs will remain in effect until the revised FIRM becomes
effective.
Date Old New
LOMC Case No. Issued Project Identifier Panel Panel
NO CASES RECORDED
2.LOMRs and LOMAs Not Incorporated
The modifications effected by the LOMRs and LOMAs listed below will not be reflected on the revised
FIRM because of scale limitations or because the LOMR or LOMA issued had determined that the
lot(s) or structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM.
These LOMRs and LOMAs will remain in effect until the revised FIRM becomes effective. These
LOMRs and LOMAs will be revalidated free of charge 1 day after the revised FIRM becomes effective
through a single letter that reaffirms the validity of the previous LOMC.
Date Old New
LOMC Case No. Issued Project Identifier Paael= Panel
LOMA 96-07-131A 02/02/1996 TIFFIN EAST SUBOMStoN.LOTS 9-11.A PORTION OF 1901730001 B 19013C0070D
LOT 12,2ND ST.B STEPHANS
ST.,AND LOTS 23&24
LOMR-F 96-07-326A 08/20/1996 OLOT UTLOT A 1 TIFFIN EAST.RESUBDMSION OF LOTS 13-22& 1901730001 B 19103C0070D
LOMR-F 97-07-028A 11/25/1996 TIFFITS N 1-10 EST,LOT 12.&VALLEY SLUM.PORTION OF 1901730001 B 19103C0070D
LO
3.LOMRs and LOMAs Superseded
The modifications effected by the LOMRs and LOMAs listed below will not be reflected on the final
revised FIRM because they are being superseded by new detailed flood hazard information or the infor-
mation available was not sufficient to make a determination. The reason each is being superseded is
noted below. These LOMRs and LOMAs will no longer be in effect when the revised FIRM becomes
effective. •
01/18/02 Page 1 of 2
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FINAL SUMMARY OF MAP ACTIONS OW ha►ice# 251v
- r
Community: TIFFIN,CITY OF Community No.: 190173
Reason Determination
Date Will Be Superseded
LOMC Case No. issued Project Zdeatifinr
NO CASES RECORDED
y
1.Insufficient information available to make a determination.
2.Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation.
3.Lowest Ground Elevation is below the proposed Base Flood Elevation.
4.Revised hydrologic and hydraulic analyses.
5.Revised topographic information.^
a `
4. LOMRs and LOMAs To Be Redetermined
The LOMCs in Category 2 above will be revalidated through a single letter that reaffirms the validity
of the determination in the previously issued LOMC. For LOMCs issued for multiple lots or structures
• where the determination for one or more of the lots or structures has changed, the LOMC cannot be
revalidated through this administrative process. We will review the data previously`submitted for the
LOMB or LOMA requests listed below and issue a new determination for the affected properties after
the effective date of the revised FIRM.
LOMC Case No. Date Project Identifier Old•Panel. New Panel
Issued
NO CASES RECORDED
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