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0680 Flood Damage Prevention 2009/1`1 1"'\ CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 680 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CERTAIN SECTIONS OF CHAPTER 15.54, FLOOD DAMAGE PREVENTION TO UPDATE THE PROVISIONS OF THE CHAPTER WITH RECOMMENDATIONS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 15.54 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. StatutoryAuthorization. The Legislature of the State of Idaho has in Idaho Code Sections 46-1020 through 46-1024 delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. The City of Chubbuck has adopted Chapter 15.54 Flood Damage Prevention in accordance with such authorization. Section 2. Amendments. The following amendments to Chapter 15..54 are hereby adopted: 15.54.010: DEFINITIONS: Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1 %) or greater chance of flooding in any given year. Designation on maps always includes the letter A or V. BASEMENT: AW area of the building having its floor sub -grade below ground level on all sides. BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the "100 -year flood". Designation on maps always includes the letter A or V. DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Ordinance - Page 1 chubbuck102809floodord.wpd /"IN CITY OF CHUBBUCK ORDINANCE #680 - (cont.) /'\ FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the flood boundary floodway map, and the water surface elevation of the base flood. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters, and/or B. The unusual and rapid accumulation of runoff of surface waters from any source. LOWEST FLOOR: 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 this chapter found at subsection 15.54.070A2 of this chapter. 0M MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels) f land divided into two (2) or more manufactures home lots for rent or sale. NEW CONSTRUCTION: Structure for which the "start of construction" commenced on or after the effective date hereof. RECREATIONAL VEHICLE: A vehicle: A. Built on a single chassis; B. 400 square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and Ordinance - Page 2 chubbuck102809floodord.wpd /1 ORDINANCE #680 - (cont) CITY OF CHUBBUCK 1pq �A • • .1 1 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 either 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 foundation 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, building. STRUCTURE: A walled and roofed building including a gas or liquid storage tank that is principally aboveground. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: A. Before the improvement or repair is started, or Ordinance - Page 3 chubbuckl 02809floodord.wpd /'1 ORDINANCE #680 - (cont.) CITY OF CHUBBUCK B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. 15.54.020: LANDS TO WHICH THIS CHAPTER APPLIES AND BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD: A. Lands To Which This Cha to er Applies: This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Chubbuck, Idaho. examination by theeg neral public. 15.54.030: DEVELOPMENT PERMIT REQUIRED: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 15.54.020 of this chapter. The permit shall be for all structures including production biffldingas manufactured homes, as set forth in the "definitions", and for all development including fill and other activities, also as set forth in the "definitions". 15.54.050: DUTIES AND RESPONSIBILITIES OF THE PERMIT ADMINISTRATOR: Duties of the permit administrator shall include, but not be limited to: Ordinance - Page 4 chubbuck102809floodord.wpd ORDINANCE #680 - (cont.) CITY OF CHUBBUCK A. Permit Review: 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied. 2 Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. 3 Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 15.54.080A of this chapter are met. B. Use Of Other Base Flood Data: When Flood Protection base flood Eelevation data has not been provided in accordance with section 15.54.020 of this chapter, the permit administrator shall obtain, review, and reasonably utilize any base flood Flood Protection Eelevation and floodway data available from a federal, state or other source, in order to administer sections 15.54.070, "Specific Standards", and 5.54.080, "Floodways" of this chapter. Ordinance - Page 5 chubbuck102809floodord.wpd /"� ORDINANCE #680 - (cont.) CITY OF CHUBBUCK C. Information To Be Obtained And Maintained: n Where base flood Flood Protection Eelevation data is provided through the flood insurance study or required as in subsection 15.54.070B of this chapter, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. 2. For all new or substantially improved floodproofed structures: a. Obtain, Nlv_erify and record the actual elevation (in relation to mean sea level), and b. Maintain the floodproofing certifications required in section 15.54.070 of this chapter. 3. Maintain for public inspection all records pertaining to the provisions of this chapter. D. Alterations Of Watercourses: 1. Notify adjacent communities and the state coordinating agency Idaho Department of Water Resources (IDWM prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration. 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E. Interpretation Of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of section 60.6 of the rules and regulations of the national flood insurance program (44 CFR 59-76). 15.54.060: GENERAL STANDARDS: A. Anchoring: All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. Ordinance - Page 6 chubbuck102609Floodord.wpd ORDINANCE #680 - (cont.) CITY OF CHUBBUCK 2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of the over the top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation In Flood Hazard Areas" guidebook for additional techniques). 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. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated 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; and 3. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision Proposals: All subdivision proposals shall be consistent with the need to minimize flood damage; 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and 4. Where base flood Flood Protection Eelevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less). Ordinance - Page 7 chubbuck102809floodord.wpd ORDINANCE #680 - (cont.) CITY OF CHUBBUCK E. Review Of Building Permits: Where elevation data is not available either through the flood study or from another authoritative source', applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above grade in these zones may result in higher insurance rates. Footnote 1: See subsection 15.54.050(B) of this chapter. 15.54.070: SPECIFIC STANDARDS: In all areas of special flood hazard where base flood Flood Protection Eelevation data has been provided as set forth in section 15.54.020 or subsection 15.54.050(B) of this chapter, the following provisions are required: A. Residential Construction: 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the Flood Protection Elevation Fees (FPQ base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or 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 professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two (2) 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 (1') above grade. C. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. B. 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 the level of the flood protection base flood elevation; or, together with attendant utility and sanitary facilities, shall: Be floodproofed so that below the flood protection base flood level of the structure is watertight with walls substantially impermeable to the passage of water. 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Ordinance - Page 8 chu bbuck102809floodord.wpd either: n ORDINANCE #680- (cont.) CITY OF CHUBBUCK 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection B based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in subsection 15.54.050(C)(2) of this chapter. 4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection A2 of this section. 5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level). C. D. Recreational Vehicles: Recreational vehicles placed on sites are required to 1. Be on the site for fewer than 180 consecutive days, (or1 3. Meet the requirements of MANUFACTURED HOME SECTION above and the elevation and anchoring requirements for manufactured homes. E. Ae and Al -30 Zones with Flood Protection Elevations but No Floodways: In areas with Flood Protection Elevations (but a regulatory floodway has not be designated the base flood more than one foot at any point within the community. Ordinance - Page 9 chubbuckl02809Floodord.wpd /� ORDINANCE #680 - (cont.) CITY OF CHUBBUCK 15.54.090 PENALTIES FOR NONCOMPLIANCE: lawful action as is necessary to prevent or remedy any violation. 15.54.100 ABROGATION AND GREATER RESTRICTIONS: This ordinance is not intended to repeat, abrogate, or impair any existing: easements, covenants or deed restrictions. However, where this ordinance and another ordinance easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringe restrictions shall prevail. 15.54.110 WARNING AND DISCLAIMER OF LIABILITY: This degree of flood protection required by this chapter is considered reasonable for 15.54.120 VARIANCE PROCEDURE: 1. Appeal Board. A. The City Council, as established by ordinance, shall hear and decide appeals and requests for variances from the requirements of this ordinance. B. City Council shall hear and decide appeals when it is alleged there is an error in M requirement, decision, or determination made by the City of Chubbuck in the enforcement or administration of this ordinance. C. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the court, as provided in ordinance. D. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: Ordinance - Page 10 chubbuck102809Floodord.wpd /'1 ORDINANCE #680 - (con t.j CITY OF CHUBBUCK 1. The danger that materials may be swept onto other lands to the injury of others, 2. The danger of life and property due to flooding or erosion damage: I The susceptibilily of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where ap licable; 6. The available of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated 8. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles. 10. applicable, expected at the site; and systems, and streets and bridges. 2. CONDITIONS FOR VARIANCES: A. Generally, the only condition under which a variance from the elevation increases. B. Variances shall not be issued within a designated floodwa if f any increase in flood levels during the base flood discharge would result. C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering, the flood hazard, to afford relief. Ordinance - Page 11 chubbuck102809Noodord.wpd n ORDINANCE #680 - (cont. CITY OF CHUBBUCK D. Variances shall only be issued upon: I. A showing of good and sufficient cause-, 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant. 3. A determination that the suanting of a variance will not result in ordinances. E. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property, they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations_ should be quite rare. F. Variances may be issued for nonresidential buildings i�ry limited circumstances to allow a lesser degree of floodproofing than watertight or da- floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 15.54.120(2)(3) and otherwise complies with Sections 15.54.060(A)(B)and (C). G. Any applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor below the Flood Protection Elevation and that the cost of flood insurance will be commensurate with the increased risk. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 15.54 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. Ordinance - Page 12 chubbuck102809Floodord.wpd ORDINANCE #680 - (cont.) CITY OF CHUBBUCK. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 24th day of November, 2009. ATTEST: I av�� Ron Conlin, City Clerk Ordinance - Page 13 chubbuck102809Floodord.wpd SUMMARY OF ORDINANCE NO. 680 An ordinance of the City of Chubbuck, a municipal corporation of the State of Idaho, amending certain sections of Chapter 15.54, Flood Damage Prevention, to update the provisions of the chapter with recommendations from the Federal Emergency Management Agency; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 15 not amended shall remain in effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in effect after its passage, approval and publication. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 680 and that the summary provides adequate notice to the public of the contents of this ordinance. p� DATED this Z 5 day of V A✓tl SUMMARY OF ORDINANCE NO. . Page f chubbuCk112509.summegvrd6W.wpd