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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)
Located within areas of special flood hazard are areas designated as floodways or regulatory floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters carrying debris and potential projectiles, and the potential for erosion within the floodway:
A. Floodway encroachments are prohibited unless certification by the applicant's registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.
B. If Subsection A is satisfied, all floodway encroachments shall comply with all applicable flood hazard reduction provisions of section 15-26-8, "Development Standards".
C. If the floodway has not been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within zones A1-30, AE, and AH as shown on the 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 city.
D. Notwithstanding any other provision of this chapter, if the city first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revision as established under the provisions of 44 CFR 65.12, and receives the approval of the federal insurance administrator, a floodway encroachment that would result in an increase in BFEs may be permitted.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
A. Board of Building and Fire Code Appeals: The board of building and fire code appeals, as established by the city, shall hear and decide appeals and requests for variances from the requirements of this chapter. The board of building and fire code appeals shall hear and decide appeals only when it is alleged there is an error in any requirement, decision, or determination made by any administrative official in the enforcement or administration of this chapter. Those aggrieved by the decision of the board of building and fire code appeals, or any taxpayer, may appeal the decision to a court of competent jurisdiction.
B. Factors to be Considered in Decision: In passing upon such applications, the board of building and fire code appeals shall consider all technical evaluation, all relevant factors, standards specified in other sections of this chapter, and the specific factors described in Subsection 15-26-6C.
C. Approval with Conditions: Upon consideration of the factors identified in this section and the purposes of this chapter, the board of building and fire code appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
D. Recordkeeping: The director shall maintain the records of all appeal actions, including technical information, and report any variances to FEMA and the state coordinating agency upon issuing a variance.
E. Conditions For Variances:
1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing items in this section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justifications required for issuing the variance increases.
2. Variances, without regard to the procedures set forth in the remainder of this section, may be issued for the reconstruction, rehabilitation or restoration of a historic structure upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE in conformance with the requirements of issuing a variance.
5. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
6. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or regulations, considers the need of ingress and egress during times of floods, and does not jeopardize first responders' health and welfare.
7. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
a. The criteria outlined in this section are met; and
b. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
F. Notice to Applicant: Any applicant to whom a variance is granted shall be given written notice that permitting the structure to be built with a lowest floor below the BFE will result in increased flood insurance cost commensurate with the increased risk from the reduced lowest floor elevation and that such construction below the BFE increases risks to life and property.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
A. Certificate: Every applicant who is issued a building permit governed by this chapter shall be required to submit to the building official a certificate of actual elevations of construction by a registered land surveyor or registered professional engineer. Said certificate shall specify the specific elevations (in relation to mean sea level) of the actual elevation of the poured foundation. The certificate shall certify that the lowest floor elevation is at or above the BFE.
B. Submission: The certificate of actual elevation described in Subsection A shall be submitted after the pouring of footings and foundation, but prior to the time of final inspections or request for any certificate of occupancy.
C. Waiver: The building official, in their discretion, may waive all of the inapplicable portions of the certificate required by this chapter, if the construction work authorized by permit does not occur in or affect those portions of the structure below the BFE.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods will occur on rare occasions and flooding heights may be increased by manmade or natural causes such as ice jams or bridge openings being restricted by debris. This chapter does not imply that areas outside the floodplain and areas of special hazards, or land uses permitted within such areas, will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter.
(Ord. 2015-21, 5-26-2015)