10-27-1: - STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS:

A.

Statutory Authorization: The Legislature of the State of Utah has in Utah Code Annotated § 10-3-701 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry and minimize flood losses. Therefore, the City of Riverdale, Utah, does ordain as follows:

The City of Riverdale elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program (NFIP) is a voluntary program administered by the Federal Emergency Management Agency (FEMA). The National Flood Insurance Program, established in the aforesaid act, provides that areas of the town having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. The National Flood Insurance Program was broadened and modified with the passage of the Flood Disaster Protection Act of 1973 and other legislative measures. It was further modified by the National Flood Insurance Reform Act of 1994. The National Flood Insurance Program is administered by the Federal Emergency Management Agency, a component of the U.S. Department of Homeland Security.

B.

Findings of Fact:

1.

The flood hazard areas of Riverdale City are subject to periodic inundation by flood waters, which results in potential loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief; all of which adversely affect the public health, safety, and general welfare.

2.

These potential flood losses are created by:

a.

The cumulative effect of obstructions in floodplains that are known to cause increases in flood heights and velocities;

b.

The occupancy of flood hazard areas by structures vulnerable to floods because they are inadequately elevated or otherwise unprotected from flood damages; and

c.

Uses deemed unsuitable for floodplain areas or that do not account for the increased flood risk.

C.

Statement of Purpose: It is the purpose of this chapter to promote the public health, safety, and general welfare of the community and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1.

Protect human life and health;

2.

Minimize damage to public facilities and utilities, streets, and bridges that are susceptible to flooding;

3.

Minimize prolonged business interruptions caused by flooding;

4.

Minimize public expenditures on flood control projects;

5.

Minimize the need for rescue and relief efforts associated with flooding that are generally undertaken at the expense of the public;

6.

Protect and safeguard the welfare and safety of first responders, should an emergency response be needed;

7.

Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and

8.

Ensure that potential buyers are notified if properties are in a flood area.

D.

Methods of Reducing Flood Losses: To accomplish the purposes outlined in10-27-1 C. "Statement of Purpose", this chapter applies the following methods:

1.

Restrict or prohibit land uses that are dangerous to health, safety, or property in times of flooding, or cause excessive increases in flood heights or velocities;

2.

Require that land uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

4.

Controls filling, grading, dredging, and other development which may increase flood damage; and

5.

Prevents or regulates the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

(Ord. 973, 10-17-2023)