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A. Statutory Authority: The legislature of the state of Idaho, pursuant to Idaho Code sections 46-1020 through 46-1024, authorized local governments to adopt floodplain management ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property.
B. Jurisdiction And Interpretation: This title shall apply to all special flood hazard areas within the jurisdiction of the city. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the city; and
3. Deemed neither to limit nor repeal any other powers granted under provisions of the Idaho Code.
C. Conflicting Laws: This title does not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants or deed restrictions, and the like. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 700A, 3-11-2014; amd. Ord. 815, 7-23-2019)
Unless specifically defined below or in section 8-1-2 of this code, certain words or phrases used in this title shall be interpreted as set forth in said section 8-1-2 of this code. Any other terms or words not defined below or in section 8-1-2 of this code shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE): A structure on the same lot or parcel as a principal structure, the use of which is incidental and subordinate to the principal structure.
ADDITION (TO AN EXISTING BUILDING): An extension or increase in the floor area or height of a building or structure.
APPEAL: A request to the city council for a review of the floodplain administrator's interpretation of any provision of this chapter.
AREA OF SHALLOW FLOOD HAZARD: A designated AO, AH, AR/AO, or AR/AH zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one foot (1') to three feet (3') 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: See SPECIAL FLOOD HAZARD AREA (SFHA).
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE): A determination by the federal insurance admininstrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the freeboard, establishes the flood protection elevation.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
CRAWL SPACE: The area of a house or structure between the lowest finish floor and the bottom of the foundation excavation enclosed by continuous foundation walls.
CRITICAL FACILITY: Facilities that are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, such as a hospital, emergency operations center, electric substation, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter; and facilities that, if flooded, would make the flood problem and its impacts much worse, such as a hazardous materials facility, power generation facility, water utility, or wastewater treatment plant.
DATUM: The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points was the national geodetic vertical datum of 1929 (NGVD29). The vertical datum currently adopted by the federal government as a basis for measuring heights is the north american vertical datum of 1988 (NAVD88).
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings or other structures, mining dredging, filling, grading, paving, excavation, or drilling operations, or storage of equipment or materials.
DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a floodplain development permit; such as: the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials; the construction or elevation of dikes, berms and levees.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM): The digital official map of a community, issued by the federal emergency management agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
ELEVATED BUILDING: For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION CERTIFICATE: The elevation certificate is an important administrative tool of the NFIP. It is used to determine the proper flood insurance premium rate; it is used to document elevation information necessary to ensure compliance with community floodplain management regulations; and it may be used to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
ENCLOSURE: An area enclosed by solid walls below the BFE/FPE or an area formed when any space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE/FPE is not considered an enclosure.
ENCROACHMENT: The advance or infringement of uses, fill, excavation, buildings, structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION: A manufactured home park or subdivision where 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 final site grading or the pouring of concrete pads) is completed before the effective date of the original floodplain management regulations adopted by the community, November 20, 1974.
EXISTING STRUCTURES: See EXISTING CONSTRUCTION.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK or SUBDIVISION: 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).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with the overall responsibility of administering the national flood insurance program (NFIP).
FINISHED FLOOR: The finished floor is the first habitable walking surface referenced in the elevation certificate (FEMA form 81-31 sections C2a and C2b) as the top of the next highest floor or the top of a slab on grade floor.
FLOOD or FLOODING:
A. A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from any source; or
3. Mudslides (mudflows) which are proximately caused by flooding as defined in division A2 of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in division A1 of this definition.
FLOOD FRINGE: The portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood.
FLOOD INSURANCE RATE MAP (FIRM): The official map of a community, issued by the federal insurance administrator which delineates both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
FLOOD INSURANCE STUDY (FIS): The examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (mudflow) and/or flood-related hazards.
FLOOD PROTECTION ELEVATION (FPE): The base flood elevation plus the freeboard.
A. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet (2') of freeboard; and
B. In special flood hazard areas where no BFE has been established, this elevation shall be at least three feet (3') above the highest adjacent grade.
FLOOD ZONE: A geographical area shown on a flood hazard boundary map (FHBM) or flood insurance rate map (FIRM) that reflects the severity or type of flooding in the area.
FLOODPLAIN or FLOOD-PRONE AREA: The land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe.
FLOODPLAIN ADMINISTRATOR: The zoning administrator, or an individual designated by the zoning administrator, to administer and implement this chapter in accordance with its provisions.
FLOODPLAIN DEVELOPMENT PERMIT: Any type of permit that is required in conformance with the provisions of this chapter, prior to the commencement of any development activity.
FLOODPLAIN MANAGEMENT: 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: 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 provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY: The channel of a river or other watercourse and 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 (1').
FREEBOARD: A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams and the hydrologic effects of urbanization in a watershed. The base flood elevation (BFE) plus the freeboard established the flood protection elevation (FPE). FREEBOARD shall be two feet (2').
FUNCTIONALLY DEPENDANT USE: A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities.
HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the FEMA elevation certificate for HAG related to building elevation information.
HISTORIC STRUCTURE: A structure that is:
A. Listed individually in the national register of historic places (a listing maintained by the U.S. department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on 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 to a district preliminarily determined by the secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places and determined as eligible by 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 and determined as eligible by communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the secretary of the interior, or
2. Directly by the secretary of the interior in states without approved programs.
LETTER OF MAP CHANGE (LOMC): An official FEMA determination, by letter, to amend or revise effective flood insurance rate maps, flood boundary and floodway maps, and flood insurance studies. LOMCs are issued in the following categories:
A. LETTER OF MAP AMENDMENT (LOMA): An official amendment, by letter, to an effective national flood insurance program (NFIP) map. A LOMA establishes a property's or structure's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property or structure has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation.
B. LETTER OF MAP REVISION (LOMR): FEMA's modification to an effective flood insurance rate map (FIRM) or a flood boundary and floodway map (FBFM) or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the flood insurance rate map (FIRM) or flood boundary and floodway map (FBFM), and sometimes the flood insurance study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.
C. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway. The LOMR-F does not change the FIRM, FBFM, or FIS report.
D. CONDITIONAL LETTER OF MAP REVISION (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map (FIRM) or flood insurance study (FIS). Upon submission and approval of certified as-built documentation, a letter of map revision (LOMR) may be issued by FEMA to revise the effective FIRM. Building permits and/or flood development permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
LEVEE: A manmade structure, usually an earthen embankment, designed and constructed according to sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system that 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 ADJACENT GRADE (LAG): The lowest point of the ground level next to the structure. Refer to the FEMA elevation certificate for LAG related to building elevation information.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement or crawl space). 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 nonelevation design requirements of 44 CFR Part 60.3 and this chapter.
MANUFACTURED HOME: 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 floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. The term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MARKET VALUE: The building value, not including the land value and that of any accessory structures or other improvements on the lot. MARKET VALUE may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water mark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred (6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle will reference specific data establishing the water level. The mean high water mark is established by the U.S. army corps of engineers.
MECHANICAL EQUIPMENT: Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities.
MUDSLIDE (MUDFLOW) AREA MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing mudslide (mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works, and floodplain management regulations.
MUDSLIDE (MUDFLOW) PRONE AREA: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP): The NFIP is a federal program created by congress to mitigate future flood losses nationwide through sound, community-enforced building and zoning ordinances and to provide access to affordable, federally backed flood insurance protection for property owners.
NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after November 20, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK or SUBDIVISION: A place where 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 final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention/detention or other techniques to mitigate increased runoff from urban areas.
NONRESIDENTIAL STRUCTURE: A building other than a residential structure. The term includes, but it is limited to: buildings used for places of assembly, education, childcare, business, maintenance, storage, manufacturing, government, hospitals, sanatoriums, and nursing homes.
POST-FIRM: Construction or other development for which the "start of construction" occurred on or after the effective date of the initial flood insurance rate map (FIRM) or after November 20, 1974.
PRE-FIRM: Construction or other development for which the "start of construction" occurred before December 14, 1982, the effective date of the initial flood insurance rate map (FIRM).
REASONABLY SAFE FROM FLOODING: Base floodwaters will not inundate the land or damage structures to be removed from the area of special flood hazard in areas previously included in base flood delineations on the current flood insurance rate map, which shall be certified as reasonably safe from flooding by an applicant's registered professional engineer according to the criteria in FEMA technical bulletin 10-01.
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 projections;
C. Designed to be self-propelled or permanently towable by a vehicle; and
D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOODWAY: See FLOODWAY.
REMEDY A VIOLATION: To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
REPETITIVE LOSS STRUCTURE: An NFIP-insured structure that has had at least two (2) paid flood losses of more than one thousand dollars ($1,000.00) each in any ten (10) year period since 1978.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width measured landward from the mean high water mark.
RIVERVINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase "area of special flood hazard".
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 or 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. 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 the alteration affects the external dimensions of a building.
STREAM ALTERATION: To obstruct, diminish, destroy, alter, modify, relocate, or change the natural existing shape of the channel or to change the direction of flow of water of any stream channel within or below the mean high water mark. It includes removal of material from the stream channel and emplacement of material or structures in the stream channel.
STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a building whereby the cost of restoring the structure to its before damaged condition would equal or exceed forty percent (40%) of the market value of the structure before the damage occurred. SUBSTANTIAL DAMAGE also means flood-related damage sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty percent (20%) of the market value of the structure before the damage occurred. See definition of SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT:
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds forty percent (40%) 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:
A. 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
B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure" and the alteration is approved by variance issued pursuant to this chapter.
TECHNICAL BULLETINS AND TECHNICAL FACT SHEETS:
A. FEMA publications that provide guidance concerning the building performance standards of the NFIP, which are contained in 44 CFR Part 60.3. The bulletins and fact sheets are intended for use primarily by state and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations. Rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.
B. It should be noted that TECHNICAL BULLETINS AND TECHNICAL FACT SHEETS provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive state or local regulations apply to the building or site in question. All applicable standards of the state or local building code must also be met for any building in a flood hazard area.
UNNUMBERED "A ZONE": An area shown on the flood insurance rate map (FIRM) as an "A zone" in which base flood depths and a clearly defined channel are not shown.
VARIANCE: A grant of relief from the requirements of this title which permits construction of a manner that would otherwise be prohibited by this chapter.
VIOLATION: 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 finished construction elevation certificate, other certifications, or other evidence of compliance required in 44 CFR Parts 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 or the north american vertical datum (NAVD) of 1988 (or other specified datum), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE: A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
(Ord. 115, 5-12-1987; amd. Ord. 485, 7-24-2007; Ord. 700A, 3-11-2014; Ord. 815, 7-23-2019)
The Special flood hazard areas identified by the Federal Emergency Management Agency, in its flood insurance study (FIS) “The Flood Insurance Study (FIS) for Ada County, Idaho And Incorporated Areas”, dated June 19, 2020, with accompanying flood insurance rate maps (FIRM), or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared to be a part of this chapter. A copy of the FIS and FIRM shall be maintained on file at the Office of the Planning and Zoning Department located within Eagle City Hall, 660 East Civic Lane, Eagle, Idaho. (Ord. 485, 7-24-2007; amd. Ord. 815, 7-23-2019; Ord. 828, 5-26-2020)
A. Permit Required: A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development within any special flood hazard area established in section 10-1-6 of this chapter. The floodplain development permit shall be for all structures, including manufactured homes, and for all other development, including fill and other activities, as each are defined in section 10-1-5 of this chapter. A floodplain development permit shall also be required for any development that could possibly increase or alter the flood hazard.
B. Application For Permit: Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the floodplain administrator to apply for a floodplain development permit:
1. Completion of the city of Eagle floodplain development checklist by a registered professional engineer.
2. Any additional information required by the floodplain administrator.
3. A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
a. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
b. The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in section 10-1-6, or a statement that the entire lot is within the special flood hazard area;
c. The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in section 10-1-6;
d. The boundary of the floodway(s) or flood fringe area(s) as determined in section 10-1-6;
e. The base flood elevation (BFE) where provided as set forth in section 10-1-6;
f. The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
g. The certification of the plot plan by a registered land surveyor or professional engineer.
4. Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
b. Elevation in relation to mean sea level to which any non-residential structure in Zone A, AE, AH, AO, or A1-30 will be floodproofed; and
c. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
5. If floodproofing, a floodproofing certificate (FEMA Form 86-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.
6. A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include, but are not limited to:
a. The proposed method of elevation, if applicable (for example, fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and
c. Foundation plans stamped by a registered professional engineer.
7. Usage details of any enclosed areas below the lowest floor.
8. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
9. Certification that all other local, state, and federal permits required prior to floodplain development permit issuance have been received.
11. A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
C. Permit Requirements: The floodplain development permit shall include, but not be limited to:
1. A complete description of all the development to be permitted under the floodplain development permit (for example, house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, and the like).
2. The special flood hazard area determination for the proposed development in accordance with available data specified in section 10-1-8-6.
3. The flood protection elevation required for the lowest floor and all attendant utilities.
4. The flood protection elevation required for the protection of all public utilities.
5. All certification submittal requirements with timelines.
6 A statement that no fill material or other development shall encroach into the floodway or flood fringe area of any watercourse, as applicable.
7. The flood openings requirements, if in zones A, AE, AH, AO, or A1-30.
8. All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.
9. A statement of the limitations of below BFE enclosure uses, if applicable (for example, parking, building access and limited storage only).
10. A statement that all materials below BFE/FPE must be flood resistant materials.
D. Determinations For Existing Buildings And Structures: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Idaho Building Code and this chapter is required.
E. Conditions Of Approval: Conditions of approval may include, but not be limited to:
1. Riparian vegetation and other landscaping is maintained in perpetuity as shown on approved plans.
2. As built certification shall be required to be submitted prior to occupancy of structure or upon completion of the proposed work.
3. Other permits (for example, Idaho department of water resources and U.S. army corps of engineers) shall be obtained by the applicant prior to commencement of construction.
4. Restoration of damaged riparian vegetation within riparian zone shall be required prior to completion of the proposed project. A bond to assure such restoration may be required prior to commencement of such work.
5. Landscaping and driveway plans to accommodate the function of the floodplain to allow for sheet flooding. Floodwater carrying capacity is not diminished by the proposal. Surface drainage is controlled and shall not adversely impact adjacent properties including driveways drained away from paved roadways. Culvert(s) under driveways may be required. Landscaping berms shall be designed to not dam or otherwise obstruct floodwaters or divert same onto roads or other public pathways.
6. Impacts of the development on aquatic life, recreation, or water quality upstream, downstream or across the stream are not adverse.
7. Building setback in excess of minimum required along waterways is encouraged.
8. The bottom of the lowest floor (crawl space) in the floodplain shall be a minimum of one foot (1') above the base flood elevation.
9. The backfill used around the foundation in the floodplain shall provide a reasonable transition to existing grade, but shall not be used to fill the parcel to any greater extent.
10. Driveways shall comply with effective street standards; access for emergency vehicles has been adequately provided for.
11. Landscaping or revegetation shall conceal cuts and fills required for driveways and other elements of the development.
12. Wetlands shall not be diminished.
F. Notice To Applicant, Issuance Of Permit: After rendering a decision, the floodplain administrator shall return one copy of the application and decision, together with those items required by subsection B of this section, to the applicant, after having marked such copy either as approved or disapproved and attested to the same by signing such copy. One copy of the complete application and decision, similarly marked, shall be retained by the floodplain administrator. The floodplain administrator shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title.
G. Construction Stage:
1. For all new construction and substantial improvements, the permit holder shall provide to the floodplain administrator an as built certification of the floor elevation or floodproofing level, using appropriate FEMA elevation or floodproofing certificate, immediately after the lowest floor or floodproofing is completed. When floodproofing is utilized for nonresidential structures, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.
2. Certificate deficiencies identified by the floodplain administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the floodplain administrator to issue a stop work order for the project.
H. Appeals: Any person aggrieved by a decision of the floodplain administrator in the grant or denial of a floodplain development permit may appeal such decision to the city council, by filing a notice of appeal stating the nature of the appeal with the city council, within twenty (20) days of the return of the floodplain administrator's decision to the applicant. The city council, within fifteen (15) business days of the receipt of a notice of appeal, shall schedule and hold a public hearing in accordance with the hearing provisions of section 67-6509, Idaho Code, to further consider the application. Following the public hearing, the city council shall, within fifteen (15) business days of the hearing affirm, affirm with modification or reverse the decision of the floodplain administrator. The decision of the city council shall be in writing and accompanied by a statement in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon, and explain the justification for the decision based upon the criteria, standards, and facts as set forth. In accordance with the provisions of section 67-5215, Idaho Code, a person aggrieved by a decision of the city council in its grant or denial of a floodplain development permit may appeal the city council's decision to the district court.
I. Expiration And Revocation Of Floodplain Development Permit: If the work described in the development permit has not begun within one year from the date of issuance thereof, said permit shall expire and shall be revoked by the floodplain administrator and written notice thereof shall be given to the persons affected.
(Ord. 700A, 3-11-2014; amd. Ord. 815, 7-23-2019)
A. The requirements of subsection 10-1-8-7C5 of this chapter, regarding the floodway setback in effect at the time of receipt by the city of a preliminary plat application shall apply for subsequent development of those lots.
B. All other provisions of this section 10-1-8 shall apply to any development application received subsequent to the effective date. (Ord. 700A, 3-11-2014; amd. Ord. 815, 7-23-2019)
A. Review Of Building Permits: Where elevation data is not available, either through the flood insurance 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, and any other relevant factors, where applicable. Failure to elevate at least two feet (2') above grade in these zones may result in higher insurance rates.
B. Construction Materials And Methods: All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage in accordance with the Technical Bulletin 2, “Flood Damage-Resistant Materials Requirements”, and available from the Federal Emergency Management Agency or in conformance with this chapter, whichever is more stringent.
C. Design, Location Of Certain Equipment: Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall be located at a minimum of the flood protection level, as defined in section 10-1-5, so as to prevent water from entering or accumulating within the components during conditions of flooding. On-site waste disposal systems shall be located and constructed to avoid functional impairment, or contamination from them, during flooding.
D. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.
E. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this chapter, shall meet the requirements of "new construction" as defined in section 10-1-5.
F. Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a building (within the original footprint) or structure existing on the effective date of this chapter and located totally or partially within the floodway, flood fringe area, or stream setback, provided there is no additional encroachment below the flood protection elevation in the floodway, flood fringe area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this chapter, including, but not limited to, construction within the original building footprint and in conformance with the substantial improvement criteria.
G. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in section 10-1-10. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the flood protection elevation and certified in accordance with the provisions of section 10-1-8-2K.
H. When a structure is partially located within an area of special flood hazard, the entire structure shall meet the requirements for new construction and substantial improvements.
I. When a structure is located within multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.
J. Certification Requirements:
1. Elevation Certificates:
a. An elevation certificate (FEMA Form 86-0-33) is required prior to the actual start of any new construction for all structures included within or removed from the special flood hazard area (SFHA). It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
b. The floodplain administrator may require an elevation certificate (FEMA Form 86-0-33) after the lowest floor is established. If required, within seven (7) calendar days of establishment of the lowest floor elevation, it shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the lowest floor, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
c. (1) A final as-built finished construction elevation certificate (FEMA Form 86-0-33) is required for all structures included within or removed from the special flood hazard area (SFHA) after construction is completed and prior to certificate of occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of occupancy.
(2) The finished construction elevation certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in divison A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three inches (3") by three inches (3"). Digital photographs are acceptable.
2. Floodproofing Certificate: If non-residential floodproofing is used to meet the flood protection elevation requirements, a floodproofing certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.
3. If a manufactured home is placed within zone A, AE, AH, AO, or A1-30 and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of section 10-1-8-6C.
4. Certification Exemptions: The following structures, if located within zone A, AE, AH, AO, or A1-30, are exempt from the elevation/floodproofing certification requirements specified in this division:
a. Recreational vehicles meeting requirements of section 10-1-8-7D;
b. Temporary structures meeting requirements of section 10-1-8-6E;
c. Accessory structures less than two hundred (200) square feet meeting requirements of section 10-1-8-6F.
d. Approved letter of map revision based on fill (LOMR-F), reflecting the lowest lot elevation (LLE) to be a minimum of one and one half feet (1.5') of fill above base flood elevation.
(Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014; Ord. 815, 7-23-2019)
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