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0548 Flood Damage Prevention 2001StTMVIARY OF ORDINANCE NO. 548 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding Chapter 15.54, "Flood Damage Prevention" to the Chubbuck Municipal Code; providing for the repeal of conflicting ordinances; designating the Building Official as the Administrator of the permit application procedures set forth in the provisions; designating which lands are prone to flood damage; establishing a permit procedure for building in those areas designated as prone to flood damage; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. 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. 548 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this Y day of December, 2001 SUMMARY OF ORDINANCE NO.548 - Page 1 chubbuck12.04b • 0 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 548 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING CHAPTER 15.54, FLOOD DAMAGE PREVENTION ORDINANCE TO THE CHUBBUCK MUNICIPAL CODE TO MINIMIZE LOSSES DUE TO FLOODING; TO DESIGNATE THE BUILDING OFFICIAL AS THE ADMINISTRATOR OF THE PROVISION; TO ESTABLISH A PERMITTING PROCESS WITH REGARD TO AREAS WITH A FLOOD HAZARD AREA, TO ESTABLISH THE AREAS WITHIN THE CITY THAT MAY BE PRONE TO FLOODING; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: FLOOD DAMAGE PREVENTION CHAPTER 15.54 Section 1. Statement of Intent. The Legislature of the State of Idaho has in Title 50 of Idaho Code delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Mayor and City Council, City of Chubbuck, State of Idaho, do ordain as follows: It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money and costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and 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; Ordinance - Page 1 blj chubbuck04.093 0 9 (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. Section 2. Adoption of Chapter 15.54. The following Chapter 15.54 is hereby adopted: 15.54.010 DEFINITIONS A. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. B. "Area of Special Flood Hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. C. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 -year flood." Designation on maps always includes the letters A or V. D. "Development" means any man-made 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. E. "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 of runoff of surface waters from any source. Ordinance - Page 2 bij chubbuckO4.093 LJ F. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. G. "Flood Insurance Study" means 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. H. "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 one foot. I. "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 this ordinance found at Section 15.54.070(A)(2). J. "Production Building" 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 connected to the required utilities. For flood plain management purposes the term "production building" also includes manufactured homes, park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "production building" does not include park trailers, travel trailers, and other similar vehicles. K. "New Construction" means structure for which the "start of construction" commenced on or after the effective date of this ordinance. L. "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 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 Ordinance - Page 3 blj chubbuck04.093 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. M. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. N. "Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) 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 ORDINANCE APPLIES AND BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The provision of this Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Chubbuck. The areas of special flood hazard identified by Harper - Leavitt Consulting Engineers in its "Flood Potential Study [for] Little Pocatello Creek," dated April 20, 1999, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this Chapter. A copy of said study shall be kept on file by the City Clerk and be available for examination by the general public. Ordinance - Page 4 blj chubbuck04.093 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. The permit shall be for all structures including production buildings, as set forth in the "Definitions," and for all development including fill and other activities, also as set forth in the "Definitions." 15.54.040 DESIGNATION OF PERMIT ADMINISTRATOR The Building Official or the Building Official's designee is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. 15.54.050 DUTIES AND RESPONSIBILITIES OF THE PERMIT ADMINISTRATOR Duties of the Permit Administrator shall include, but not be limited to: A. Permit Review. (1) Review all development permits to determine that the permit requirements of this ordinance 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 Section 15.54.080(1) are met. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.54.020, the Permit Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 15.54.070 "Specific Standards," and 15.54.080 "Floodways." C. Information to be Obtained and Maintained. Ordinance - Page 5 blj chubbuck04.093 • 0 (1) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 15.54.070(B), 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 flood proofed structures: (i) verify and record the actual elevation (in relation to mean sea level), and (ii) maintain the flood -proofing certifications required in Section 15.54.050 (3) Maintain for public inspection all records pertaining to the provisions of this ordinance. D. Alterations of Watercourses. (1) Notify 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 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 hazards (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. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. Ordinance - Page 6 blj chubbuck04.093 (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 flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision Proposals. (1) All subdivision proposals shall be consistent with the need to minimize flood damage; Ordinance - Page 7 blj chubbuck04.093 (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 elevation 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 50 lots or 5 acres (whichever is less). E. Review of Building Permits. Where elevation data is not available either through the Flood Study or from another authoritative source (Section 15.54.050(B)), 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 above grade in these zones may result in higher insurance rates. 15.54.070 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 15.54.020, or Section 15.54.050(B), 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 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 flood waters. 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: Ordinance - Page 8 bijjchubbuck04.093 • • (i) 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. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. 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 base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be flood proofed so that below the base flood level 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; (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 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 Section 15.54.050(C)(2). (4) Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in 15.54.070(A)(2) (5) Applicants flood proofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood -proofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level). C. Production Buildings. All production buildings to be placed or substantially improved within Zones Al -30, AH, and AE (and such equivalent zone under Title 18, Chubbuck Municipal Ordinance - Page 9 blj chubbuck04.093 • 11 Code) shall be elevated on a permanent foundation such that the lowest floor of the production building is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 15.54.060(A)(2). 15.54.080 FLOODWAYS Located within areas of special flood hazard established in Section 15.54.020 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 apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 15.54.080(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 15.54.060 and 15.54.070. Ordinance - Page 10 blj chubbuck04.093 ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. 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 hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 13TH day of NOVEMBER , 2001. ATTEST: CIT CLERK Ordinance - Page 11 blj chubbuck04.093 AYOR