A. Lands to which this Chapter Applies: This chapter shall apply to all areas of special flood hazard identified by FEMA and areas of identified and documented flood risk supported using Best Available Data within the jurisdiction of South Weber City.When the City annexes any land from a neighboring city and/or county, South Weber City will manage and regulate the annexed land under this chapter.
B. Basis for Establishing the Areas of Special Flood Hazard: The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Davis County, Utah, and incorporated areas " dated September 15, 2022 (date of effective FIS), accompanying FIRMs, and any revisions thereto are hereby automatically adopted by reference and declared to be a part of this chapter.The City has elected to adopt Best Available Data, defined in subsection 12-1-3.A. Lands to which this Chapter Applies, to regulate floodplain development in addition to utilizing the effective FIRMs, FIS, and/or FBFM. Where Best Available Data contradicts the FIRMs, FIS, and/or the FBFM, the more restrictive data shall be utilized.
C. Establishment of Development Permit: A Floodplain Development Permit shall be required to ensure conformance with the provisionsof this chapter.
D. 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 stringentrestrictions shall prevail.
E. Interpretation: In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning and Disclaimer or Liability: The degree of flood protection required by this chapter is considered reasonable forregulatory purposes and is based on scientific and engineering considerations. On rareoccasions, greater floods can and will occur and flood heights may be increased by human-madeor natural causes.
This chapter does not imply that land outside the areas of special flood hazards or 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 official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
G. Severability: If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court, the remainder of the chapter shall not be affected.
H. Compliance: No structures or developments including buildings, recreation vehicles, or manufactured homes or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violations.
I. Stop Work Order:
1. Authority. Whenever the floodplain administrator or other City official discovers any work or activity regulated by this chapter being performed in a manner contrary to the provision of this chapter, the floodplain administrator is authorized to issue a stop work order.
2. Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
3. Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by local or state law including but not limited to the penalties outlined in subsection 12-1-3.J. Penalties for Noncompliance.
J. Penalties for Noncompliance: No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements(including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of a class B misdemeanor, and upon conviction thereof shall be punishable by a fine or by imprisonment, or by both to the maximum extent permitted by law. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this chapter is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided. Nothing herein contained shall prevent South Weber City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2022-14, 8-23-2022)
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