Chapter 15.04 - FLOOD DAMAGE PREVENTION*
Part of the Code of Ordinances of South Salt Lake, UT.
The text
Sections:
15.04.010 - Statutory authorization.#
The Legislature of the state of Utah has by statute delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of South Salt Lake City, Utah, does ordain as follows in this Chapter.
(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)
15.04.020 - Purpose of Chapter.#
A.
Findings of Fact.
1.
The flood hazard areas of South Salt Lake City are subject to periodic inundation which results in loss of life and property, as well as 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 City.
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 damage and loss.
B.
Statement of Purpose. It is the purpose of this Chapter 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;
3.
To minimize the need for rescue and relief efforts associated with flooding which are 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 of areas 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 hazard assume responsibility for their actions.
C.
Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter includes methods and provisions for reducing flood losses by:
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 accommodate, control or channel floodwaters;
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 to other lands.
(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)
15.04.030 - Warning and disclaimer of liability.#
The degree of flood protection required by this Chapter 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 manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create liability on the part of the City of South Salt Lake, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made.
(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)
15.04.040 - Relationship of floodplain regulations to zoning districts.#
The flood damage prevention regulations of this Chapter shall be supplemental to, and not in lieu of, the applicable zoning provisions of the use district in which the land is located and/or general provisions under Title 17 of this Code.
Property located within said flood hazard areas shall be developed only in conformance with the provisions set forth in this Chapter.
In cases of conflict between such district classifications and the flood damage prevention regulations, the most restrictive provisions shall govern.
Permitted, conditional and accessory uses allowed in the flood hazard areas are those which are permitted uses in the underlying applicable use district. However, additionally, all uses, whether principal or secondary, involving construction or relocation of permanent buildings (or structures); or placement of temporary structures, mobile or modular homes; or excavation or placement of fill materials, shall further meet the supplemental conditions and standards set forth in this Chapter.
(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)
15.04.050 - Definitions.#
Unless specifically defined in this Section, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. For purposes of this Chapter the following terms mean:
"Alluvial fan flooding" means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal" means a request for a review of the flood plain administrator's interpretation of any provisions of this Chapter or is a request for a variance.
"Area of shallow flooding" means a designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" is the land in the floodplain within the community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AI, Ah, AO, A1-99, VO, V1-30, VE or V.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means any are of the building having its floor sub-grade (below ground level) on all sides.
"Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
"Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or the storage of equipment or materials located within the area of special flood hazard.
"Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-30, AE, A A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns,)posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, of V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.
"Existing construction" means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured 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) are completed before the effective date of the ordinance codified in this Chapter.
"Expansion to existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1.
The overflow of inland or tidal waters; and/or
2.
The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.
"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of flooding).
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
"Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provided standards for the purpose of flood damage prevention and reduction.
"Flood protection system" means those physical structural works for which funds have been authorize, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees of dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
"Flood proofing" means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.
"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 a designated height.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is: 1.
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2.
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;
3.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4.
Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:
a.
By an approved state program as determined by the Secretary of the Interior or;
b.
Directly by the Secretary of the Interior in states with approved programs.
"Levee" means a man-made structure; usually an earthen embankment designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
"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 Section 60.3 of the National Flood Insurance Program regulations.
"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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle," as defined in this Section.
"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.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. "New construction" means structures for which the start of construction commenced on or after the effective date of the original ordinance, and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured 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 floodplain management regulations codified in this Chapter.
"Recreational vehicle" means a vehicle which is: 1.
Built on a single chassis;
2.
Four hundred (400) square feet or less when measured at the largest horizontal projections;
3.
Designed to be self-propelled or permanently towable by a light duty truck; and
4.
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
"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 one hundred eighty (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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building or manufactured home that is principally above ground.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: 1.
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2.
Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
"Variance" means a grant of relief from the requirements of this Chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Chapter. For full requirements refer to Section 60.6 of the National Flood Insurance program regulations. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance program regulations is presumed to be in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of costal or riverine areas.
(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)
15.04.060 - General provisions.#
A.
This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of South Salt Lake.
B.
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 City of South Salt Lake," dated September 25, 2009, with an accompanying flood insurance rate map (FIRM) and flood boundary floodway maps (FBFM), and any revisions thereto are hereby adopted by reference and declared to be part of this Chapter. The City of South Salt Lake also automatically adopts any future effective FEMA flood insurance rate maps and effective FEMA flood insurance studies and includes them to be part of this Chapter.
C.
Establishment of Development Permit. A development permit shall be required to ensure conformance with the provisions of this Chapter.
D.
Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations.
E.
Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F.
Interpretation. In the interpretation and application of this Chapter, all provisions shall be:
1.
Considered as minimum requirements;
2.
Liberally construed in favor of the governing body; and
3.
Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)
15.04.070 - Administration; designation of the floodplain administrator.#
A.
The South Salt Lake City Engineer is hereby appointed the floodplain administrator to administer and implement the provisions of this Chapter and other appropriate section of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.
B.
Duties and responsibilities of the floodplain administrator shall include, but not limited to, the following:
1.
Maintain and hold open for public inspection all records pertaining to the provisions of this Chapter.
2.
Review permit applications to determine whether proposed building site, including placement of manufactured homes, will be reasonably safe from flooding.
3.
Review, approve or deny all applications for development permits required by adoption of this Chapter.
4.
Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C 1334) from which prior approval is required.
5.
Where interpretation is needed as to the exact location of the boundaries of the area of special flood hazard (for example where there appears to be a conflict between a mapped boundary and actual field conditions) the flood plain administrator shall make the necessary interpretation.
6.
Notify, in riverine situations, adjacent communities and the state coordinating agency prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.
7.
Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
8.
When base flood plain elevation data has not been provided in accordance with Section 15.04.060 the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of this Chapter.
9.
When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the FIRM for South Salt Lake City unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
10.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may approve certain development in A1-30, AE, AH on the communities FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (condition letter of map revision).
C.
Application for a development permit shall be presented to the floodplain administrator on forms furnished by him/her 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 flood proofed;
3.
Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria of this Chapter.
4.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
5.
Maintain a record of all such information in accordance with this Chapter.
D.
Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this Chapter and the following relevant factors:
1.
The danger to life and property due to flooding or erosion damage;
2.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3.
The danger that material may be swept onto other lands to the injury of others;
4.
The compatibility of the proposed use with existing and anticipated development;
5.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
6.
The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
7.
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;
8.
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
9.
The relationship of the proposed use to the general plan of the City.
(Ord. No. 2020-02, § III(Exh. B), 1-8-2020; Ord. No. 2022-08, § I(Exh. A), 4-13-2022)
15.04.080 - Development standards.#
In all areas of special flood hazard, the following standards are required for all new construction or substantial improvements: A.
Anchoring. 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. 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:
1.
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 fifty (50) feet long requiring one additional tie per side;
2.
Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than fifty (50) feet long requiring four additional ties per side;
3.
All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
4.
Any additions to the manufactured home be similarly anchored.
B.
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.
C.
Utilities.
1.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
2.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
3.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D.
Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 15.04.060(A), (B), (ii) Section 15.04.070(B)(8), or (iii) Section 15.04.080(F)(3), the following provisions are required:
1.
Residential Construction. New construction and substantial improvement of a residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this Subsection as proposed in 15.04.070, Section (C)(1) is satisfied.
2.
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this Subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the floodplain administrator.
3.
Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which 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 this requirement must either be certified by a registered profession engineer or architect or meet or exceed the following minimum criteria:
a.
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.
b.
The bottom of all openings shall be no higher than one foot above grade.
c.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
4.
Manufactured Homes.
a.
Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and 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. This requirement is an addition to applicable state and local anchoring requirements for resisting wind forces.
b.
Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
c.
Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this Section be elevated so that either:
i.
The lowest floor of the manufactured home is at or above the base flood elevation; or
ii.
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
5.
Recreational Vehicles. Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:
a.
Be on site for fewer than one hundred eighty (180) consecutive days;
b.
Be fully licensed and ready for highway use; or
c.
Meet the permit requirements of Section 15.04.070(C)(1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this Section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
E.
Standards for Subdivision Proposals.
1.
All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Section 15.04.020(A), (B), and (C) of this Chapter.
2.
All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Section 15.04.060(C); Section 15.04.070(C); and the provisions of Section 15.04.080 of this Chapter.
3.
Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 15.04.060(A), (B), (ii) Section 15.04.070(B)(8) of this Chapter.
4.
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
5.
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
F.
Standards for Areas of Shallow Flooding (Ago/Ah Zones). Located within the areas of special flood hazard established in Section 15.04.060(B), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
1.
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 community's FIRM (at least two feet if no depth number is specified).
2.
All new construction and substantial improvement of non-residential structures:
a.
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 community's FIRM (at least two feet if no depth number is specified); or
b.
Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic load of effects of buoyancy.
3.
A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this Section, as proposed in Section 15.04.070, are satisfied.
4.
Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
G.
Floodways. Located within areas of special flood hazard established in Section 15.04.060 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 shall apply:
1.
Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
2.
If Section 15.04.080(H)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 15.04.080.
3.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.
(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)