A. Development in high water table, floodplain or wetland areas shall be subject to the following standards:
1. Floodplain, wetland areas and natural drainages shall not be included as part of any buildable development unless allowed to be mitigated pursuant to applicable law. Lots within the residential or agricultural zones may include wetlands and flood zones as part of the lot provided there is sufficient buildable area no less than 4 acres to accommodate the proposed use.
2. Wetlands and flood plain areas may not be included in area requirements for lots or for calculation of density.
3. Where determined by the planning commission or designee, wetland and floodplain areas may be required to be fenced if found to be detrimental to public health, safety or welfare.
4. Prior to the acceptance by the city of a petition for rezoning of property in the designated area, or before the submission of an application for preliminary development plan in the designated area, it must be demonstrated to the satisfaction of the city engineer, public works director and planning commission that the conditions and requirements contained herein can be met. Such petition, submission, or application shall be made through the city. A predevelopment conference with the planning commission and developer shall be required to review any proposed plans.
5. Prior to acceptance by the city of an application for preliminary development plan in the specified areas, it must be demonstrated to the satisfaction of the city, (IBC) International Building Code: Section 1612, including appendix G - Relates to construction in flood hazard areas, and the Plain City Flood Damage Prevention Ordinance (section 10-18-18.5), that all conditions specified in the listed chapters have been fully met and accomplished.
6. Surface or subsurface drainage from any development within the subject area shall be transported to either a canal, creek or river and shall not be deposited, collected, or stored upon the property being developed or upon other properties within the subject area.
7. Drainage water from the proposed new development will not be placed upon or pass through other properties, except:
a. Where a preexisting drainage system of adequate capacity is legally available for use; or
b. Where a permanent drainage easement of a size sufficient to carry projected flows has been obtained and a statement from the owners of both the host and guest properties recorded on property deeds in the office of the county recorder specifying the following:
(1) That the city will be held harmless from all damages or injury resulting from water pollution and flooding from drainage crossing said property.
(2) That the property owner will allow the owner of the easement to enter onto said property to maintain the drainage facility on said easement.
(3) That the drainage channel can be placed in a pipe or culvert at such time as deemed appropriate by the owner of the easement.
8. Drainage from the proposed new development will not be placed in an irrigation ditch or irrigation canal, originally constructed for irrigation purposes, except where permission, in written and recorded instruments (i.e., easements) running with the land, has been granted by the subject irrigation company and/or all water users below the proposed development on the specific ditch or canal specifying the following:
a. That the city will be held harmless from all damage or injury resulting from flooding, water pollution, or high groundwater from drainage in the ditch or canal.
b. That the irrigation ditch or canal can be placed in a pipe or culvert at a time deemed necessary by the owner of the easement.
(1) That the owner(s) of property which is the subject of a development plan may be required to provide, and record with the county recorder, a statement holding the city harmless from all damage within the project resulting from flooding or high water table.
(2) That a disclosure statement may be required to be placed upon all subdivision and development plats in the subject area, stating that the subdivision or development lots are in an area potentially subject to flooding from high water table.
(3) That drainage easements be granted to the city within the proposed development, as determined by the city engineer, and drainage facilities be installed as part of the development at developer's expense.
9. No building or structures shall be allowed to be constructed in a high-water table or floodplain areas of the city where the building proposed to be built includes a basement. A basement shall be considered as any usable floor area below either the elevation of the fronting curb and gutter, or if there is no curb and gutter planned to be constructed, usable floor area below the existing ground surface, buildings and structures, including substantial improvements of such buildings and structures, shall be elevated such that the lowest floor, including basement is elevated above the design flood elevation in accordance with section 1612 of the (IBC) International Building Code Appendix-G (Flood-resistant construction). The following conditions must be met:
a. Prior to the issuance of the building permit, the owner(s) shall produce a statement which shall be recorded in the office of the county recorder and attached to the property stating that the city will be held harmless from all damages or injury resulting from flooding from groundwater in an identified high-water table or floodplain area.
b. Prior to the issuance of any building permit for a structure/residence with a basement within a new development, the developer shall submit to the city engineer for approval, a design that has been signed and stamped by a registered professional engineer indicating his or her method to minimize flooding from groundwater. Each lot owner may also still be required to produce a statement which shall be recorded in the office of the county recorder and attached to the property stating that the city will be held harmless from all damages or injury resulting from flooding from building within a flood plain area, high-water table, groundwater or existing water ways.
10. A comprehensive drainage and grading plan shall be submitted by the developer of any property within a high-water table, floodplain or wetland area and shall be approved by the city engineer, public works director and planning commission before preliminary development approval or approval for any residential, commercial or industrial development or building on a single lot or lots. In the case of subdivisions, such plan shall be submitted via the city engineer; or in the case of building development on a single lot or lots, the plan shall be submitted via the building inspector. Such plan shall be subject to the following requirements:
a. Sump Pumps are required to be installed on all lots and shall not be discharged into the sanitary sewer system; but shall require outfall into a storm drain or private ditch system, if permitted by the owners thereof. Approval of, and signatures by; all irrigation and canal companies if their ditches or canals cross the development areas, or if surface or subsurface drainage is to outfall into the ditch or canal or if modification to ditch or canal is proposed. Property owners should be aware that few ditch companies allow discharge into their systems.
b. Quantities of runoff shall be determined for the complete development area by the rational method or other method as approved by the city engineer.
c. At all outfall points from the development, quantities of runoff shall comply as approved by the city engineer.
d. The capacity of any irrigation ditch, storm drain, or other channel shall be determined from the inlet point to the outfall point of said channel if it is to be used for runoff. If there is an insufficient capacity to handle added flows, it will not be used.
e. A topographic map with updated wetland and floodplain areas, if applicable shall be prepared to indicate sufficient slopes in all areas to take surface drainage and overflow waters into the designated street or storm drain. Water will not be allowed to pond any place other than a designated detention or retention basin.
f. Subdivisions not located within three hundred feet (300') times the number of lots in the subdivision of an existing Plain City sewer line are exempt provided that the lots are forty thousand (40,000) square feet minimum and the developer/owner installs a septic system in accordance with Plain City, the state of Utah and Weber County regulations for septic systems. Subdivisions or lots that are located within sensitive lands may be prohibited by planning commission or city council to install septic systems.
g. No building permit shall be issued in any development in the described areas until the required subsurface and storm drainage system has been constructed and is in operable condition unless a hold harmless agreement is entered into by the developer. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013; amd. Ord. 2023-07, 6-1-2023; Ord. 2023-19, 12-7-2023)