Loading...
It is the purpose of this chapter to enact measures which require structures to be built at a flood protection elevation and/or with floodproofing in order to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money and costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard;
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
I. To reduce the annual cost of flood insurance. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging, and other development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 1987-3, 4-8-1987)
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application: (Ord. 1987-3, 4-8-1987)
ACCESSORY STRUCTURES: Low cost buildings that do not exceed five hundred (500) square feet, such as detached two (2) car garages, boathouses, small pole barns and storage sheds, not to be used for human habitation, shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters; shall be anchored to prevent flotation which may result in damage to other structures; service utilities such as electrical and heating equipment shall be elevated or floodproofed.
APPEAL: A request for a review of the city clerk and/or code enforcement officer's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING: Designated as AO or AH zone on the flood insurance rate map (FIRM). AO zones have base flood depths that range from one to three feet (3') above the natural ground, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard flood protection elevations.
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year (also referred to as the "100-year flood"). Designated on flood insurance rate maps by the letters A or V.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
CRITICAL FACILITY: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING: For insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION CERTIFICATE: The official form (FEMA form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with section B completed by community officials.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which 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 either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.
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).
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal insurance administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS): The official report provided by the federal insurance administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD PROTECTION ELEVATION (FPE): An elevation that shall correspond to the elevation of the one percent (1%) chance flood (100-year flood) plus any increased flood elevation due to floodway encroachment, plus any required freeboard.
FLOODWAY: The channel of the river or stream and those portions of the floodplain adjoining the channel required to discharge and store the floodwater or flood flows associated with the regulatory flood.
INCREASED COST OF COMPLIANCE: A flood insurance claim payment up to thirty thousand dollars ($30,000.00) directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of "cumulative substantial damage".
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). 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 this chapter found at subsection 12-1-9B1b (i.e., provided there are adequate flood ventilation openings).
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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
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.
NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date hereof.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which 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 either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
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 projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD: A flood determined to be representative of large floods known to have occurred in Idaho and which may be expected to occur on a particular stream because of like physical characteristics. The regulatory flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics in the watershed. In inland areas, the flood frequency of the regulatory flood is once in every one hundred (100) years; this means that in any given year there is a one percent (1%) chance that a regulatory flood may occur or be exceeded.
REPETITIVE LOSS: Flood related damages 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 five percent (25%) of the market value of the structure before damage occurred.
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 on a 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 or the erection of temporary forms; nor does it include the installation on the property of accessory building, such as garages or sheds not occupied as dwelling units or not part of the main structure. 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 that alteration affects the external dimensions of the building.
STRUCTURE: A walled and roofed building including a gas or liquid storage tank that is principally aboveground.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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".
VARIANCE: A grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
WATER DEPENDENT: A structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009; amd. Ord. 2015-12, 12-10-2015)
A. Lands To Which Chapter Applies: This chapter shall apply to all areas of special flood hazard within the jurisdiction of city. (Ord. 1987-3, 4-8-1987)
B. Basis For Establishing Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal insurance administration in a scientific and engineering report entitled "The Flood Insurance Study", Bannock County, Idaho, and incorporated areas, dated July 7, 2009, with the accompanying flood insurance rate map (FIRM) are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at city hall, 115 West Elm, Lava Hot Springs, ID 83246. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
C. Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
D. Minimum Requirements: In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the city council, and deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1987-3, 4-8-1987)
A. Administrative Authority: The city clerk-treasurer and code enforcement officer are hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. Any conflict between decisions of the city clerk-treasurer and the code enforcement officer shall be resolved by the city council, whose decision shall be final.
B. Duties Of City Clerk-Treasurer And Code Enforcement Officer: Duties of the city clerk-treasurer and code enforcement officer shall include, but not be limited to: (Ord. 1987-3, 4-8-1987; amd. Ord. 2015-12, 12-10-2015)
1. Permit Review:
a. Review all development permits to determine that the permit requirements of this chapter have been satisfied.
b. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 12-1-9C1 of this chapter are met. (Ord. 1987-3, 4-8-1987)
2. Use Of Other Base Flood Data (In A Zones): When flood protection elevation data has not been provided (in A zones) in accordance with subsection 12-1-6B, "Basis For Establishing Areas Of Special Flood Hazard", of this chapter, the city clerk and/or code enforcement officer shall obtain, review, and reasonably utilize any flood protection elevation and floodway data available from a federal, state or other source, in order to administer subsections 12-1-9B, "Specific Standards", and C, "Floodways", of this chapter. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009; amd. Ord. 2015-12, 12-10-2015)
3. Information To Be Obtained And Maintained:
a. Where flood protection elevation data is provided through the flood insurance study, FIRM or required as in subsection B2 of this section, verify and record the actual (as built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new construction or substantially improved structures, and whether or not the structure contains a basement. Record of the same shall be made on a current elevation certificate (FF 81-31) with section B completed by the local official.
b. For all new or substantially improved floodproofed nonresidential structures where flood protection elevation data is provided through the FIS, FIRM, or as required in subsection B2 of this section:
(1) Verify and record the elevation, in relation to mean sea level, to which any new or substantially improved structures have been floodproofed, and
(2) Maintain the floodproofing certifications required in subsection 12-1-8B3 of this chapter. When floodproofing is utilized, certification of design criteria from a registered professional engineer or architect is required.
(3) Require engineering certification (as built information) as to the constructed flood protection elevation.
c. Maintain for public inspection all records pertaining to the provisions of this chapter in the city hall located in Lava Hot Springs, Idaho.
4. Alteration Of Watercourses:
a. Notify the Idaho department of water resources, adjacent communities and the Bannock County land use board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.
b. Assure flood carrying capacity of any altered or relocated waterway is maintained.
5. Interpretation Of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 12-1-10 of this chapter. Such appeals shall be granted consistent with the standards of section 60.6 of the rules and regulations of the national flood insurance program (44 CFR 59-76). (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
A. Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 12-1-6B of this chapter. The permit shall be for all structures including manufactured homes, as set forth in section 12-1-5 of this chapter, and for all development including fill and other activities, also as set forth in section 12-1-5 of this chapter. (Ord. 1987-3, 4-8-1987)
B. Application For Development Permit: Application for a development permit shall be made on forms furnished by the city clerk-treasurer and/or code enforcement officer and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (Ord. 1987-3, 4-8-1987; amd. Ord. 2015-12, 12-10-2015)
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FF 81-31) with section B completed by the city clerk and/or code enforcement officer; (Ord. 2009-4, 7-2-2009, eff. 7-7-2009; amd. Ord. 2015-12, 12-10-2015)
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 12-1-9B2 of this chapter; and
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 1987-3, 4-8-1987)
A. General Standards: In all areas of special flood hazard, the following standards are required:
1. Anchoring:
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (Ord. 1987-3, 4-8-1987)
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. For more detailed information, refer to guidebook FEMA-85, "Manufactured Home Installation In Flood Hazard Areas". (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
2. Construction Materials And Methods:
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (Ord. 1987-3, 4-8-1987)
c. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment below the flood protection elevation may cause annual flood insurance premiums to be increased. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
3. Utilities:
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
c. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1987-3, 4-8-1987)
d. Water wells, if permitted by the city, shall be located on high ground that is not in the floodway. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
4. Subdivision Proposals:
a. All subdivision proposals shall be consistent with the need to minimize flood damage; (Ord. 1987-3, 4-8-1987)
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (Ord. 1987-3, 4-8-1987)
d. Where flood protection elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less). (Ord. 1987-3, 4-8-1987; amd. Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
5. Review Of Building Permits: Where flood protection elevations or other current engineering data are not available either through the flood insurance study, FIRM, or from another authoritative source (subsection 12-1-7B2 of this chapter), the floodplain administrator shall obtain, review, and reasonably utilize scientific methods 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, etc., where available. Failure to elevate at least two feet (2') above the highest adjacent grade in these zones may result in higher insurance rates. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
1. Residential Construction:
a. Where flood protection data is available, any structure or manufactured home shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(1) A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot (1') above grade.
(3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Standard foundation vents as required by the international building code do not meet this standard.
(4) Below grade, crawl spaces are prohibited at sites where the velocity of floodwaters exceeds five feet (5') per second.
(5) All building utility systems within the crawl space shall be elevated above flood protection elevation or be designed so that floodwaters cannot enter or accumulate within the system component during a flood.
(6) The interior of a crawl space below the flood protection elevation must not be more than two feet (2') below the lowest adjacent exterior grade (LAG) and the height of the below grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation must not exceed four feet (4') at any point.
(7) Below grade, crawl spaces constructed in accordance with the requirements listed in this subsection shall not be considered basements. However, applicants who construct buildings that have below grade crawl spaces are hereby advised that such buildings will have higher flood insurance premiums than buildings that have crawl spaces with interior elevations at or above the lowest adjacent grade.
(8) Below grade unfinished or flood resistant enclosures shall only be used for parking of vehicles, limited storage of maintenance equipment, or building access.
(9) Otherwise follow the guidelines of the latest version of FEMA TB 11-01 construction for buildings located in special flood hazard areas: national flood insurance program interim guidance for crawl space construction. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
2. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall: (Ord. 1987-3, 4-8-1987; amd. Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effect of buoyancy;
c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in subsection 12-1-7B3b of this chapter.
d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection 12-1-9B1b of this chapter. (Ord. 1987-3, 4-8-1987)
e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level). Floodproofing the building an additional foot will reduce insurance premiums significantly.
f. Otherwise follow the guidelines of the latest version of FEMA TB 11-01 crawl space construction for buildings located in special flood hazard areas: national flood insurance program interim guidance for crawl space construction.
3. Manufactured Homes: All or varied placement of manufactured homes in the floodplain shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the flood protection elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 12-1-9A1b of this chapter to resist flotation, collapse and lateral movement.
4. Recreational Vehicles: All recreational vehicles placed on sites within the city shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days; or
b. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
c. Meet the permit requirements of this chapter, and the elevation and anchoring requirements for "manufactured homes" as defined in this chapter.
5. AE And A1-30 Zones With Flood Protection Elevations But No Floodways: In areas with flood protection elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.
6. Building Standards For Areas Of Shallow Flooding (AO Zones): Areas of special flood hazard may include designated AO shallow flooding areas. These areas have base flood depths of one to three feet (3') aboveground, with no clearly defined channel. Such flooding is usually characterized as sheet flow. In these areas the following provisions apply:
a. All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as depth number specified in feet on the community's flood insurance rate map (FIRM) or at least two feet (2') if no depth number is specified. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection B1 of this section;
b. New construction or the substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to the specified flood protection elevation, with walls substantially impermeable to the passage of water, and 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 design and methods of construction are in accordance with accepted standards of practice; and
c. Drainage paths shall be provided to guide floodwater around and away from a proposed structure.
7. Critical Facility: Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet (3') above FPE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the flood protection elevation shall be provided to all critical facilities to the extent possible. (Ord. 2009-4, 7-2-2009, eff. 7-7-2009)
C. Floodways: Located within areas of special flood hazard established in subsection 12-1-6B 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 apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. If subsection C1 of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. (Ord. 1987-3, 4-8-1987)
Loading...