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Located within the areas of special flood hazard established in section 13.74.052 of this chapter, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (Ord. 2012-15, 9-20-2012)
A. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest abutting grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (Ord. 2015-02, 2-5-2015)
B. All new construction and substantial improvements of nonresidential structures:
1. Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified); or
2. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
C. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 13.74.062 of this chapter, are satisfied.
D. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. (Ord. 2012-15, 9-20-2012)
Located within areas of special flood hazard established in section 13.74.052 of this chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
A. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
B. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.
C. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. (Ord. 2012-15, 9-20-2012)
In accordance with section 59.2(b) of CFR 44, chapter 1, of the national flood insurance program (NFIP) regulation, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of section 60. "These regulations must include effective enforcement provisions". In accordance with section 60.1(b) of CFR 44, chapter 1, of the NFIP regulations, "These regulations must be legally enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood prone (i.e., mudflow) or flood related erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances or codes". (Ord. 2012-15, 9-20-2012)
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than ten thousand dollars ($10,000.00) or imprisoned for not more than thirty (30) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city of Holladay from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2012-15, 9-20-2012)