Loading...
11-1-3-7: WARNING AND DISCLAIMER OF LIABILITY:
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of City of Horseshoe Bend, Idaho or by any officer or employee thereof for flood damages that result from reliance on this chapter or an administrative decision lawfully made hereunder. (Ord. 249, 8-17-2016)
11-1-3-8: PENALTIES FOR VIOLATION:
No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, 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 one hundred dollars ($100.00) or imprisoned for not more than one hundred eighty (180) days, or both. Each day the violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Horseshoe Bend, Idaho from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. 249, 8-17-2016)
11-1-4: ADMINISTRATION:
11-1-4-1: DESIGNATION OF FLOODPLAIN ORDINANCE ADMINISTRATOR:
The City Engineer, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this chapter. (Ord. 249, 8-17-2016)
11-1-4-2: DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR:
The Floodplain Administrator shall perform, but not be limited to, the following duties:
   A.   Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this chapter have been satisfied.
   B.   Review all proposed development within Special Flood Hazard Areas to assure that all necessary local, State, and Federal permits have been received, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC § 1334.
   C.   Notify adjacent communities and the Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
   D.   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.
   E.   Prevent encroachments into floodways and flood fringe areas unless the certification and flood hazard reduction provisions of section 11-1-5-5 are met.
   F.   Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection 11-1-4-3C.
   G.   Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection 11-1-4-3C.
   H.   Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of subsection 11-1-4-3C.
   I.   When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of subsections 11-1-4-3C and 11-1-5-2B.
   J.   Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or flood fringe areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
   K.   When Base Flood Elevation (BFE) data has not been provided in accordance with the provisions of section 11-1-3-2, obtain, review, and reasonably utilize any BFE data, along with floodway data or flood fringe area data available from a Federal, State, or other source, including data developed pursuant to subsection 11-1-5-3B2, in order to administer the provisions of this chapter.
   L.   When Base Flood Elevation (BFE) data is provided but no floodway or flood fringe area data has been provided in accordance with the provisions of section 11-1-3-2, obtain, review, and reasonably utilize any floodway data or flood fringe area data available from a Federal, State, or other source in order to administer the provisions of this chapter.
   M.   When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special Flood Hazard Area (SFHA) is above the Base Flood Elevation (BFE), advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.
   N.   Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
   O.   Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
   P.   Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
   Q.   Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.
   R.   Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
   S.   Follow through with corrective procedures of section 11-1-4-4.
   T.   Review, provide input, and make recommendations for variance requests.
   U.   Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of section 11-1-3-2 of this chapter, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of your community's mapping needs.
   V.   Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs). (Ord. 249, 8-17-2016)
11-1-4-3: FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT, AND CERTIFICATION REQUIREMENTS:
   A.   Application Requirements: 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.   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 11-1-3-2, 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 11-1-3-2;
         d.   The boundary of the floodway(s) or flood fringe area(s) as determined in section 11-1-3-2;
         e.   The Base Flood Elevation (BFE) where provided as set forth in sections 11-1-3-2, 11-1-3-3, or 11-1-5-3;
         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.
      2.   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 reference level (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.
      3.   If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) 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.
      4.   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 (i.e., 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 subsections 11-1-5-1H2a through H2d when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A1-30.
      5.   Usage details of any enclosed areas below the lowest floor.
      6.   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.
      7.   Certification that all other Local, State, and Federal permits required prior to floodplain development permit issuance have been received.
      8.   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsections 11-1-5-2F and G of this chapter are met.
      9.   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
      10.   A map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
   B.   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 (i.e. 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, etc.).
      2.   The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in section 11-1-3-2.
      3.   The Flood Protection Elevation required for the reference level 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.   A statement of the limitations of below BFE enclosure uses, if applicable. (i.e., parking, building access and limited storage only).
      9.   A statement that all materials below BFE/FPE must be flood resistant materials.
   C.   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. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, 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.   An Elevation Certificate (FEMA Form 86-0-33) is required after the reference level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, 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.   A final as. built Finished Construction Elevation Certificate (FEMA Form 86-0-33) is required after construction is completed and prior to Certificate of Compliance/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 reference level 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 Compliance/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 Compliance/Occupancy. (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 Section A. To the extent possible, these photographs should show the entire building including foundation of 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 by three inches (3" x 3"). Digital photographs are acceptable. The FEMA elevation certificate is optional for floodplain management elevation data, but is state recommended. The use of the FEMA elevation certificate is required for the purchase of flood insurance, and is mandatory for crs participation.
      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 flood proofed design elevation of the reference level 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 subsection 11-1-5-2C2.
      4.   If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:
         a.   A description of the extent of watercourse alteration or relocation; and
         b.   A professional engineer's certified 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
         c.   A map showing the location of the proposed watercourse alteration or relocation; and
         d.   An Idaho Stream Channel Alteration Permit approval shall be provided by the applicant to the Floodplain Administrator.
      5.   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 items C1 and C2 of this subsection:
         a.   Recreational Vehicles meeting requirements of subsection 11-1-5-2E1;
         b.   Temporary Structures meeting requirements of subsection 11-1-5-2F; and
         c.   Accessory Structures less than 200 square feet meeting requirements of subsection 11-1-5-2G.
   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, substantial improvements, repairs of substantial damage, 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. (Ord. 249, 8-17-2016)
Loading...