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A. The floodplain management regulations in this chapter shall:
1. Be supplemental to, and not in lieu of, the applicable provisions of the use district in which the land is located and/or general provisions of the use district in which the land is located and/or general provisions applicable to all zones.
2. Be considered as minimum requirements.
3. Not be interpreted to reduce or limit other more restrictive standards that may apply to land within the floodplain, including those established by ordinance, state law, easements, recorded covenants or deed restrictions.
B. No structure shall be constructed, located, extended, converted, or altered and no land shall be developed, occupied or modified without full compliance with the terms of this chapter and other applicable regulations.
C. Property located within an area of shallow flooding or area of special flood hazard shall be developed only in conformance with the provisions set forth herein. In cases of conflict between such district classifications and the floodplain regulations, the most restrictive provisions shall govern.
D. Permitted, conditional and accessory uses allowed in the area of shallow flooding or area of special flood hazard are those which are allowed uses in the underlying zone or use district except that all floodway encroachments are prohibited unless they meet the requirements of this chapter. Additionally, all uses, whether principal or secondary which would alter the flood carrying capacity of the watercourse, involving: 1) construction or relocation of permanent buildings (or structures); or 2) placement of temporary structures, manufactured homes; or 3) excavation or placement of fill materials; or 4) placement of any structure or any development; shall further meet the supplemental conditions and standards set forth in this chapter.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
For purposes of this chapter, the following terms mean:
ADDITION: Any improvement that expands the enclosed footprint or increases the square footage of an existing structure. This includes lateral additions added to the side, front, or rear of a structure; vertical additions added on top of a structure; and enclosures added underneath a structure.
ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPEAL: A request for review of any requirement, decision, determination or interpretation of an administrative official under the provisions of this chapter.
AREA OF SHALLOW FLOODING: A designated AO, AH, AR/AO, or AR/AH zone on the FIRM with a one percent (1%) or greater annual chance of flooding to an average depth from one to three feet (3'); a clearly defined channel does not exist, the path of flooding is unpredictable; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD: The land in a floodplain subject to a one percent (1%) or greater chance of flooding in any given year. This area may be designated as zone A on the flood hazard boundary map, and after detailed ratemaking is completed in preparation for publication of the FIRM, is usually refined into zones A, AE, AH, AO, A1-30, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, or V1-30, VE or V. For purposes of these regulations the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”
BASE FLOOD: A flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE): The probable water surface elevation (in relation to mean sea level) of the base flood as determined by the FIRM or approved by the city engineer.
BASEMENT: Any area of a building having its floor subgrade (below ground level) on all sides. A walkout basement that does not require a step up to grade is not considered a basement.
BREAKAWAY WALL: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Any walls below the lowest floor in a building in a V or VE zone should give way under wind and water loads without causing collapse displacement, or other damage to the elevated portion of the building of the supporting pilings or columns. Breakaway walls apply only to V or VE zones.
BUILDING: See STRUCTURE.
CODE OF FEDERAL REGULATIONS (CFR): The codification of the general and permanent rules published in the federal register by the executive departments and agencies of the Federal Government.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project that would, upon construction, affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, and/or the SFHA. The letter does not revise an effective map; it indicates whether the project, if built as proposed, would be recognized by FEMA.
COMPENSATORY STORAGE: An equal volume of flood storage created by excavation or other compensatory measures at, or adjacent to, a development site for the volume of the loss of floodwater storage due to filling in an area of special flood hazard.
CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEED RESTRICTION: A clause in a deed that limits the future use of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions. For example, a deed restriction may limit the density of buildings, dictate the types of structures that can be erected, or prevent buildings from being used for specific purposes or from being used at all.
DEVELOPMENT: Any manmade change to improved or unimproved real property, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the floodplain area, whether or not the same requires building or other permits under this code.
ELEVATED BUILDING: A non-basement building that is: a) built, in the case of a building in zones A1-30, AE, A, A99, AR, AO, AH, B, C, X, and D, to have the top of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of a building in zone A1-30, AE, A, A99, AR, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
Ogden City does not currently have a zone V, V1-30 or VE. But an elevated building also includes a building in zones V1-30, VE, or V with the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water. In the case of zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the national flood insurance program regulations.
ENCLOSURE: An enclosed walled in area below the lowest floor of an elevated building.
EROSION: The process of the gradual wearing away of land masses by wind, water, or other natural agents.
EXISTING CONSTRUCTION: Structures for which the start of construction commenced before the effective date of the FIRM or before January 19, 1983 for FIRMS effective before that date. “Existing construction” may also be referred to as “existing structures.”
EXISTING MANUFACTURED HOME PARK 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 January 19, 1983, the effective date of the initial floodplain management regulations adopted by the city.
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).
FEMA: The Federal Emergency Management Agency.
FILL: The placement of materials, such as dirt, sand, or rock to elevate a structure, property, or portion of a property above the natural elevation of the site, regardless of where the material was obtained from. The common practice of removing unsuitable material and replacing with engineered material is not considered fill if the elevations are returned to the existing conditions. Any fill placed or used prior to the area being mapped as a flood hazard area is not deemed as fill.
FLOOD OR FLOODING: A general or temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation or runoff of surface waters from any source. Also, mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land area, as when earth is carried by a current of water and deposited along the path of the current. Includes also the collapse or subsidence of land along a body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA 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 FEMA with an examination and determination of flood hazards as well as the flood boundary floodway map and, if appropriate, corresponding water surface elevations, or an examination evaluation and determination of the mudslide and/or flood related erosion hazards.
FLOOD OPENING: An opening in the wall of an enclosed structure that allows floodwaters to automatically enter and exit the enclosure. Refer to FEMA Technical Bulletin 1.
FLOODPLAIN: Any land area susceptible to being inundated by water from any source. Specifically, for purposes of this title, floodplain shall be that area of this city designated within the boundaries of the official Flood Insurance Rate Map and approved amendments, which may be subject to inundation in the event of the base flood.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, mitigation plans, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS: The provisions of this chapter, together with any other zoning regulations, subdivision regulations, building codes, health regulations, engineering standards, special purpose ordinances (such as those governing floodplain, grading, and erosion control) and other applications of police power, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing can either be accomplished in the form of dry floodproofing in which the structure is watertight below the levels that need flood protection, or wet floodproofing in permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding, while allowing floodwaters to enter the structure area.
FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOODWAY ENCROACHMENT: Any encroachment, including fill, new construction, substantial improvements and other development within the regulatory floodway.
FLOODWAY/ REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE: A development which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;
B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;
C. Individually listed on the state inventory of historic places; or
D. Individually listed on the Ogden City register of historic resources.
LETTER OF MAP REVISION (LOMR): FEMA's modification or revision to an entire or portion of the effective FIRM, or Floodway Boundary and Floodway Map, or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, or the SFHA.
LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LICENSED ARCHITECT: An architect who is registered with the department of registration of the state of Utah.
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 incidental storage, in an area other than a basement area, is not considered a building's lowest floor, provided such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of this chapter.
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,” also known as a “mobile home,” does not include a “recreational vehicle;” however, a manufactured home may be used for both residential and non-residential use.
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.
MEAN SEA LEVEL: For the purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum to which BFEs shown on a community's FIRM are referenced.
NEW CONSTRUCTION: Structure for which the start of construction commenced on or after January 19, 1983, and includes any subsequent improvements to such structures.
NEW DEVELOPMENT: Any development proposal and/or plan submitted for approval, for which the development activities as described in the definition of "development", as set forth in this section, will commence on or after January 19, 1983.
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 (includes, 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 January 19, 1983.
READY FOR HIGHWAY USE: A recreational vehicle that is on its wheel or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
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.
REGISTERED LAND SURVEYOR: A land surveyor who is registered with the department of registration of the state of Utah.
RIVERLINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, creek, etc., which can be intermittent or perennial.
START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, additional placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction on 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 foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
The actual start of construction for a substantial improvement 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: For floodplain management purposes, a walled and roofed building, culvert, bridge, dam, or a gas or liquid storage tank, that is principally above ground as well as a manufactured home. Structure, for insurance purposes, means:
A. A building with two (2) or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
B. A manufactured home; or
C. A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under this chapter or Ogden City's building code.
For insurance purposes, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in Subparagraph C. of this definition or a gas or liquid storage tank.
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. When a structure or building has been determined as substantially damaged, any work or repair on said structure or building will be considered a substantial improvement and will be required to meet the development requirements set forth within this chapter for substantial improvement. Substantial damage also means flood related damage 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 the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any combination of repair, 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 only (not of the structure and land value combined) before the start of construction of the improvement. If the structure has sustained "substantial damage," any repairs are considered substantial improvements regardless of the actual repair work performed. Substantial improvement 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 a 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 which permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION: The failure of a structure or other development to be fully compliant with the floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this chapter or 44 CFR Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE: The channel and banks of an identifiable water in a creek, brook, stream, river, ditch, or other similar feature.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
Designation of Floodplain Administrator: The city engineer is hereby appointed as the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of the NFIP regulations and 44 CFR pertaining to floodplain management. The floodplain administrator is responsible for overseeing the following division of responsibilities:
A. Director: The director is hereby appointed to jointly administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
B. Officials; Responsibilities: Each application for subdivision and site development permit approval shall be submitted to the director and applications for building permits shall be submitted to the building official. Respectively, said officials shall be responsible to:
1. Verify if the location of the proposed development or construction site or any portion thereof is situated within the area of shallow flooding or area of special flood hazard;
2. Determine that the reviews and approvals required by this chapter have been obtained to satisfy its requirements;
3. Determine that all necessary permits have been obtained from the Federal, state or local governmental agencies from which prior approval is required;
4. Maintain for public inspection the following records pertaining to the provisions of this chapter:
a. The actual elevation (in relation to mean sea level elevation) of the lowest floor (including basement or crawlspace) of all new or substantially improved structures, and specifying whether or not the structure includes a basement;
b. For all new or substantially improved floodproofed structures, verification and record of the actual elevation of the lowest floor (in relation to mean sea level elevation) and the floodproofing certification, including data supporting such certification, required in provisions of this chapter;
c. Records of any variance granted in accordance with the NFIP regulations.
C. City Engineer; Evaluations: The director in the administration of this chapter shall rely on the expertise of the City Engineer for technical evaluation to:
1. Identify designated water passage areas or regulated floodways per the information shown on the FIRMs;
2. Obtain, review and utilize any BFE and floodway data which may be or become available for assistance in administering these regulations;
3. At the request of the building official or director, review applications for permits within the area of shallow flooding or area of special flood hazard;
4. Review as provided below, any requests by said officials or others for interpretation of the boundaries of the area of shallow flooding or area of special flood hazard where conflicts appear between the mapped boundaries of the area of shallow flooding or area of special flood hazard and actual field conditions. Said requests shall include the data and conclusions of an investigation performed by the licensed civil engineer retained by the applicant or property owner;
5. Review and process, as provided below, requests for amendments to the FIRM;
6. Maintain two (2) copies of the official FIRM, as amended;
7. Notify the Utah floodplain manager, the Utah Division of Water Resources, FEMA and any affected adjacent communities of alterations or relocation of any course or drainageway which results from the permitted development when in the opinion of the city engineer the alterations or relocations are substantial in nature and effect. Notification of any work to alter any drainageway must be made prior to work being commenced. The carrying capacity of altered or relocated watercourses shall be maintained, however.
8. Make the necessary interpretation when needed as to the exact location of the boundaries of areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).
9. When BFE data has not been provided by FEMA, the floodplain administrator shall obtain, review, and reasonably utilize any BFE data and floodway data available from a Federal, state, or other source, including data provided by the applicant, in order to administer the provisions of this chapter.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
A. Subdivision proposals must be submitted and approved and building and/or site development permits for development or construction within an area of shallow flooding or area of special flood hazard must be obtained before such development or construction begins. Applications for subdivision, conditional use permits and commercial site plan review shall be made to the director on forms to be provided. Applications for building or site development permits shall be made to the building official on forms to be provided. Application forms shall require the applicant to specify if any portion or all of the property involved in the proposal is located within an area of shallow flooding or area of special flood hazard as it appears on the FIRM, as officially amended.
B. Additionally, if the property is so situated within the area of shallow flooding or area of special flood hazard, the applicant shall provide information, including, but not limited to:
1. Plans drawn to scale;
2. The nature, location, dimensions and elevations of the land involved;
3. A description and identification of existing or proposed structures, fill, storage of materials, utilities and any ground mounted utility or mechanical systems for the structures, drainageways, drainage facilities and the location of the foregoing in relation to areas of special flood hazard;
4. Elevation in relation to mean sea level of the lowest floor (including basement and crawlspace) of all structures, including new and substantially improved structures;
5. Elevation in relation to mean sea level to which any structure is floodproofed or to be floodproofed;
6. Type of floodproofing, if any, to be employed;
7. Volumetric calculations demonstrating compensatory storage, if applicable;
8. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
9. Certification by a registered professional engineer or licensed architect retained by the applicant or property owner that the floodproofing standards of this chapter and the NFIP regulations, and that the flood carrying capacity within any watercourse is maintained; and a determination of the BFE based upon FIRM information and a thorough investigation of the site. In determining the BFEs for property situated in A zones on the FIRM where no BFEs are shown, the applicant's or property owner's registered engineer shall obtain and utilize any BFE data available from a federal, state or other source; and shall perform such analyses (see Weber County, Utah, flood insurance study) as necessary to identify the BFE. Once information has been obtained and approved by the city engineer, it should be used to implement the elevation and floodproofing requirements contained herein.
10. Where, in the opinion of the applicant, the floodplain boundary or the BFE data determined by the flood insurance study is in error, the applicant shall have a professional engineer supply supporting documentation to the city engineer to verify correct boundaries and elevation data to request interpretation or amendment.
C. Approval or denial of a development permit shall be based on all of the provisions of this chapter and the following relevant factors:
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 owners;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of the waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with the existing and anticipated development;
8. The relationship of the proposed use to the general plan and floodplain management regulations 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, streets and bridges.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
A. The property owner or developer shall notify FEMA by submittal of a LOMR within six (6) months of project completion when an applicant has obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.
B. The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.
C. The floodplain administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this chapter and all applicable state, Federal, and local laws.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
A. General Provisions: No final subdivision plat shall be approved nor shall any site development or building permit be issued for property located within the area of shallow flooding or area of special flood hazard until the proposed development, construction, substantial improvement or work under permit complies with the following criteria:
1. All proposals for new development, new construction or substantial improvements to existing structures within the floodplain area, including prefabricated and manufactured homes, must:
a. Be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. Be constructed with materials resistant to flood damage;
c. Utilize construction methods and practices that will minimize flood damage; and
d. Be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
2. All proposals for construction or improvements (including replacements) shall be designed:
a. To minimize or eliminate infiltration of floodwaters into water supply and sanitary sewage systems;
b. To minimize and eliminate discharges from the sanitary sewage system into floodwater; and
c. With any on site waste disposal systems designed, located, and constructed to minimize or eliminate flood damage to the system or contamination from the system during flooding.
3. The buildings or structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flood or floodwaters. Whenever possible, buildings or structures shall be constructed with longitudinal axis parallel to the direction of flood flow. So far as practicable, buildings or structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
4. Within the AH and AO zones, adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.
5. All new construction and substantial improvements that fully enclose areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters. Designs for meeting this requirement must either be certified by the applicant's registered professional engineer or architect or must have the following minimum criteria:
a. A minimum of two (2) flood openings having a total net area of not less than one square inch per one square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all flood openings shall be no higher than one foot (1') above grade; and
c. Flood openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
6. All subdivision proposals and other proposed new development, including residential manufactured home parks, shall:
a. Be consistent with the need to minimize flood damage;
b. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
c. Provide adequate drainage to reduce exposure to flood hazards; and
d. Include BFE data for each lot on the preliminary plat if the subdivision or proposed new development contains fifty (50) lots or five (5) acres (whichever is less); and
e. Include the mapped flood hazard zones from the effective FIRM.
7. Fill within an area of special flood hazard shall result in no net loss of natural floodplain storage or increase in water surface elevations during the base flood and shall be offset by compensatory storage.
B. Residences:
1. New construction or substantial improvements of residential structures in the A, A1-30, AH or AE zones of the Weber County, Utah, and incorporated areas FIRM shall have the lowest floor (including basement) elevated to, or above, the BFE;
2. All new construction and substantial improvements of residential structures within the AO or AH zones of the Weber County, Utah, and incorporated areas FIRM shall have the lowest floor (including basement) elevated above the highest adjacent grade or above the depth number specified on the Weber County, Utah, and incorporated areas FIRM, which shall be at least two feet (2') if no depth number is specified;
C. Nonresidential Construction:
1. All new development, new construction and substantial improvements of nonresidential structures within any A1-30, AE and AH zones on the Weber County, Utah, and incorporated areas FIRM shall have the lowest floor (including basement) elevated to or above the BFE, or together with the attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to passage of water and with structural components that have the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Floodproofing may be utilized to meet the above standard. Where floodproofing is utilized:
a. The applicant's registered professional engineer or licensed architect shall certify that the floodproofing design and construction methods comply with 44 CFR 60.3(c)(3)(ii) and associated building codes and are adequate, according to accepted engineering standards, to withstand the flood depths, pressure velocities, impact and uplift factors and other factors associated with the base flood; and
b. A record of said certificates (including calculations) indicating the specific elevation (in relation to mean sea level) to which said structures are floodproofed shall be maintained by the building official with the copy of the building or other permits.
2. All new construction and substantial improvements of nonresidential structures within the AO or AH zones on the Weber County, Utah, and incorporated areas FIRM shall have the lowest floor (including basement) elevated above the highest adjacent grade to or above the depth number specified in feet on the Weber County, Utah, and incorporated areas FIRM (at least two feet (2') if no depth number is specified) or, together with the attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection C1.
D. Manufactured Home Parks; Manufactured Homes:
1. Manufactured homes shall be elevated on a permanent foundation so that the lowest floor of the home is elevated to or above the BFE and the home is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement if the home is to be placed, or substantially improved, on any site in an A zone, or on the following sites in zones A1-30, AH, and AE:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood.
2. Manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions which were created before the implementation of the flood regulations and are within zones A1-30, AH, AO, and AE and that are not subject to the provisions of Subsection D1 shall be elevated so that either:
a. The lowest floor of the manufactured home is at or above the BFE; or
b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty six inches (36") in height above the grade and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
3. When required by this chapter, methods of anchoring a manufactured home may include, but are not limited to, use of over the top or frame ties to ground anchors. Anchoring installed to meet the requirements of this chapter is in addition to applicable state and local anchoring requirements for resisting wind forces.
E. Recreational Vehicles: In all areas of special flood hazard, recreational vehicles are required to either:
1. Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and be ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or addition; or
2. Meet the requirements of being placed on a pad elevated to or above the BFE and be securely anchored to an adequate anchored foundation system to resist flotation, collapse and lateral movement.
F. Approval: Notwithstanding any other provision of this chapter, if the city first applies for a conditional FIRM revision through FEMA's CLOMR process, fulfills the requirements for such revision as established under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP regulations, and receives the approval of the federal insurance administrator, certain development in zones A1-30, AE and AH which increase the water surface elevation of the base flood by more than one foot (1') may be approved.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
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