10-1-6: BASIS FOR SPECIAL FLOOD HAZARD AREAS:

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)

10-1-7: DEVELOPMENT PERMIT REQUIREMENTS:

   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

         b.   Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with section 10-1-8-6A3a through 10-1-8-6A3f when solid foundation perimeter walls are used in zones A, AE, AH, AO, and A1-30.

         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.

      10.   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of sectionS 10-1-8-6D through 10-1-8-6E of this chapter are met.

      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)

10-1-8: FLOOD DAMAGE REDUCTION PROVISIONS:

In all areas of special flood hazards, the standards, as set forth in this section, shall be required.

(Ord. 332, 2-23-1999; amd. Ord. 815, 7-23-2019)

10-1-8-1: APPLICABILITY:

   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)

10-1-8-2: GENERAL BUILDING REQUIREMENTS:

   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)

10-1-8-3: ANCHORING:

   A.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydraulic loads, including the effects of buoyancy.

   B.   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 over the top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation In Flood Hazard Areas" guidebook for additional techniques).

(Ord. 700A, 3-11-2014; amd. Ord. 815, 7-23-2019)

10-1-8-4: WATER AND SEWER SYSTEMS:

   A.   All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems; and discharge from the systems into floodwaters.

   B.   On site waste disposal systems shall be located to avoid impairment of them or contamination from them during flooding; and

   C.   All sewer and water systems shall be approved by the district health department or the Idaho department of environmental quality.

(Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014; Ord. 815, 7-23-2019)