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A. Violations To Be Corrected: When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
B. Actions In Event Of Failure To Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating that:
1. The building or property is in violation of the floodplain management regulations;
2. A hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
3. Following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.
C. Order To Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of this chapter, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one hundred eighty (180) calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
D. Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected Governing Body by giving notice of appeal in writing to the Floodplain Administrator and the Clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The local Governing Body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
E. Failure To Comply With Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the Governing Body following an appeal, the owner shall be guilty of a misdemeanor. (Ord. 269, 12-14-2016)
A. Appeal Board: The City Council, hereinafter referred to as the "Appeal Board", shall hear and decide requests for variances from the requirements of this chapter.
B. Issuance: Variances may be issued for:
1. The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
2. Functionally dependent facilities, if determined to meet the definition as stated in section 10-1-4 of this chapter, provided provisions of subsection I of this section, have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
3. Any other type of development, provided it meets the requirements of this section.
C. Considerations: In passing upon variances, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location as defined under section 10-1-4 of this chapter as a functionally dependent facility, where applicable;
6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
D. Written Report: The applicant shall include a written report addressing each of the above factors in subsection C of this section with their application for a variance.
E. Purpose Of Board: Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
F. Written Notice: Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
G. Maintenance Of Records: The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of Idaho upon request.
H. Conditions For Variances:
1. Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.
2. Variances shall not be issued within any designated floodway or flood fringe area if the variance would result in any increase in flood levels during the base flood discharge.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued prior to development permit approval.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
I. Issuance Of Variance: A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in SFHAs provided that all of the following conditions are met.
1. The use serves a critical need in the community.
2. No feasible location exists for the use outside the SFHA.
3. The reference level of any structure is elevated or floodproofed to at least the FPE.
4. The use complies with all other applicable Federal, State and local laws.
J. Notification Of State: The City of Fairfield will notify the State NFIP Coordinator of the Idaho Department of Water Resources of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.
K. Appeals: Any person aggrieved by the decision of the Appeal Board may appeal such decision to the court, as provided in Idaho Code section 67-6535. (Ord. 269, 12-14-2016)
In all SFHAs the following provisions are required:
A. All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure.
B. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the Federal Emergency Management Agency (FEMA).
C. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.
D. All new and replacement electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the flood protection elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.
E. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
F. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters.
G. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
H. A fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor shall:
1. Be constructed entirely of flood resistant materials at least to the FPE; and
2. Include, in Zone A, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:
a. A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;
b. The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;
c. If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
d. The bottom of all required flood openings shall be no higher than one foot (1') above the interior or exterior adjacent grade;
e. Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
f. Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
I. 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 contained in this chapter.
J. Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a building 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 FPE 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.
K. 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 10-1-17 of this chapter. 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 an SFHA only if the structure or tank is either elevated or floodproofed to at least the FPE and certified in accordance with the provisions of subsection 10-1-15C of this chapter.
L. All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage and determined to be reasonably safe from flooding.
M. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
N. All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
O. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334.
P. When a structure is partially located in an SFHA, the entire structure shall meet the requirements for new construction and substantial improvements.
Q. When a structure is located in 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 BFE shall apply.
R. Fill is prohibited in the SFHA, including construction of buildings on fill. This includes not approving Conditional Letters or Letters of Map Revision (CLOMR-F or LOMR-F). (Ord. 269, 12-14-2016)
A. Residential Construction: New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the FPE, as defined in section 10-1-4 of this chapter.
B. Non-Residential Construction: New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the FPE, as defined in section 10-1-4 of this chapter. Structures located in Zone A, may be floodproofed to the flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the FPE are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection 10-1-15C of this chapter, along with the operational plan and the inspection and maintenance plan.
C. Manufactured Homes:
1. New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the FPE, as defined in section 10-1-4 of this chapter.
2. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the Idaho Division of Building Safety's "Idaho Manufactured Home Installation Standard" in accordance with Idaho Code section 44-2201(2). Additionally, when the elevation would be met by an elevation of the chassis thirty six inches (36") or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty six inches (36") in height, an engineering certification is required.
3. All enclosures or skirting below the lowest floor shall meet the requirements of subsection D of this section.
4. An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.
D. Additions/Improvements:
1. Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
a. Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure; or
b. A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
2. Additions to post-FIRM structures that are a substantial improvement with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.
3. Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
a. Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or
b. A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
4. Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure taking place during a one year period, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, must comply with the standards for new construction. For each building or structure, the one year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this chapter. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:
a. Any project for improvement of a building required to correct existing Health, Sanitary, or Safety Code violations identified by the building official and that are the minimum necessary to assume 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.
E. Recreational Vehicles: Recreational vehicles shall be either:
1. Temporary Placement: Be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or
2. Permanent Placement: Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction, as set forth in section 10-1-18 of this chapter.
F. Temporary Non-Residential Structures: Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:
1. A specified time period for which the temporary use will be permitted. Time specified may not exceed six (6) months, renewable up to one year;
2. The name, address, and phone number of the individual responsible for the removal of the temporary structure;
3. The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood warning notification);
4. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
5. Designation, accompanied by documentation, of a location outside the SFHA, to which the temporary structure will be moved.
G. Accessory Structures: When accessory structures (sheds, detached garages, etc.) are to be placed within an SFHA, elevation or floodproofing certifications are required for all accessory structures in accordance with subsection 10-1-15C of this chapter, and the following criteria shall be met:
1. Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas);
2. Accessory structures shall not be temperature-controlled;
3. Accessory structures shall be designed to have low flood damage potential;
4. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
5. Accessory structures shall be firmly anchored in accordance with the provisions of subsection 10-1-18A of this chapter;
6. All service facilities, such as electrical, shall be installed in accordance with the provisions of subsection 10-1-18D of this chapter; and
7. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below FPE in conformance with the provisions of subsection D4 of this section.
An accessory structure with a footprint less than two hundred (200) square feet, costs two thousand five hundred dollars ($2,500.00) or less to construct, and satisfies the criteria outlined in this subsection is not required to meet the elevation or floodproofing standards of subsection B of this section.
H. Tanks: When gas and liquid storage tanks are to be placed within an SFHA, the following criteria shall be met:
1. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the base flood, including the effects of buoyancy (assuming the tank is empty);
2. Elevated above-ground tanks, in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the base flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;
3. Not elevated above-ground tanks, that do not meet the elevation requirements of subsection B of this section shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.
4. Tank inlets, fill openings, outlets and vents shall be:
a. At or above the FPE or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and
b. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
I. Construction Of Below-Grade Crawlspace:
1. The interior grade of a crawlspace must not be below the BFE and must not be more than two feet (2') below the exterior lowest adjacent grade (LAG).
2. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet (4') at any point.
3. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.
4. The velocity of floodwaters at the site should not exceed five feet (5') per second for any crawlspace.
5. See Technical Bulletin 11 for further information.
Caution: Buildings that have below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation of the crawlspace soil at or above the BFE. (Ord. 269, 12-14-2016)
Within the SFHAs designated as Zone A (also known as Unnumbered A Zones) and established in section 10-1-6 of this chapter, where no BFE data has been provided by FEMA, the following provisions, in addition to the provisions of section 10-1-18 of this chapter, shall apply. The BFE used in determining the FPE shall be determined based on the following criteria:
B. When floodway or flood fringe data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway and flood fringe areas shall also comply with the requirements of section 10-1-19 of this chapter.
C. All subdivision, manufactured home park, and other development proposals shall provide BFE data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with section 10-1-6 of this chapter and utilized in implementing this chapter.
D. When BFE data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated or floodproofed (non-residential) to two feet (2.0') above the highest adjacent grade (HAG) at the building site or to the FPE whichever is higher, as defined in section 10-1-4 of this chapter. All other applicable provisions of section 10-1-19 of this chapter shall also apply. (Ord. 269, 12-14-2016)
This chapter, in part, comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted July 13, 2006, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this chapter shall not affect any action, suit, or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of City of Fairfield enacted on July 13, 2006, as amended, which are not reenacted herein are repealed. (Ord. 269, 12-14-2016)
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the effective date of this chapter. Provided, however, that when construction is not begun under such outstanding permit within a period of one hundred eighty (180) days subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this chapter. (Ord. 269, 12-14-2016)
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