A. Designation of the Floodplain Administrator: The City Manager or his/her designee is hereby appointed 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.
B. Duties and Responsibilities of the Floodplain Administrator: Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
1. Uphold the goals of the City and the NFIP to reduce risk when possible and increase the city's resistance to future disasters.
2. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any flood-proofing certificates, including the data supporting such certificates.
3. Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs to which this chapter applies, including, but not limited to, the FIRM.
4. Review development proposals to determine whether a proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding.
5. Review, approve, or deny all applications for development permits required by adoption of this chapter.
6. Ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and the Endangered Species Act of 1973) from which prior approval is required.
7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
8. Notify, in riverine situations, adjacent cities and the State Coordinating Agency which is the Division of Water Rights, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.
9. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation.
10. When BFE data has not been provided by FEMA, the Floodplain Administrator shall obtain, review, and reasonably utilize any BFE data and flood way data available from a federal, state, or other source including data provided by the applicant, in order to administer the provisions of this chapter.
11. When a regulatory flood way has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30, AE, and AH on the city'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-half (0.50) foot at any point within the City.
12. Under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP Regulations, a city may approve certain development in Zones A1-30, AE, and AH on the city's FIRM, which increases the water surface elevation of the base flood by more than one-half (0.50) foot, provided that the city first meets the requirements of Section 65.12 for a conditional FIRM revision through FEMA's CLOMR process.
13. Zone A Areas: When a regulatory flood way has not been designated and if the project is determined or reasonably believed to cause an adverse impact, the Floodplain Administrator shall require new construction, substantial improvements, or other development (including fill, grading or excavation) permitted in a Zone A to have an encroachment analysis done prior to issuance of a floodplain development permit. The encroachment analysis shall create a baseline of existing conditions model and compare it to the proposed conditions model to determine the potential impact of the project. Based on the findings, the floodplain administrator shall require as a condition of the permit a CLOMR to be submitted and approved prior to any work occurring and/or that a LOMR be submitted to FEMA within six (6) months of completion of the development.
14. If the project is determined or reasonably believed to cause an adverse effect on the BFE(s), boundaries of the floodplain or any insurable structures, technical justification for the proposed development shall be submitted and the city may require a CLOMR or LOMR to be submitted prior to the permit approval or as a requirement of the permit.
C. Requirement to Submit New Technical Data:
1. The property owner or developer shall notify FEMA by submittal of a LOMR within six (6) months of project completion when an applicant had obtained a CLOMR from FEMA orwhen development altered a watercourse, modified floodplain boundaries, or modified BFE.
2. The property owner or developer shall be responsible for preparing technical data tosupport the CLOMR or LOMR application and paying any processing or application feesto 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 thereview process to ensure the CLOMR or LOMR is issued.
3. The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until theapplicant demonstrates that the project will or has met the requirements of thisordinance and all applicable state federal, and local laws.
D. Permit Procedures: Application for a Development Permit shall be presented to the Floodplain Administrator onforms furnished by him/her and may include, but not be limited to:
1. Duplicated plans drawn to scale showing the location, dimensions, and elevation ofproposed landscape alterations.
2. Duplicated plans drawn to scale showing the location, dimensions, and elevation ofexisting and proposed structures, including the placement of manufactured homes.
3. Location of the foregoing in relation to SFHAs.
4. Elevation (in relation to mean sea level), of the lowest floor (including basement andcrawlspace) of all new and substantially improved structures, if applicable;
5. Elevation (in relation to mean sea level), to which any non-residential structure (if applicable) shall be flood proofed.
6. A certificate from a registered professional engineer or architect that the non-residential flood proofed structure (if applicable) shall meet the flood proofing criteria of this chapter and the NFIP Regulations.
7. Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development, if applicable.
8. At the city's discretion, the city may charge a fee for issuance of floodplain development permits.
9. Copies of all floodplain development permits and the associated documents shall become property of the City and a permanent record.
Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this chapter and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage.
2. The susceptibility of the proposed facility and its contents to flood damage and theeffect of such damage on the individual owner.
3. The danger that materials may be swept onto other lands to the injury of others.
4. The compatibility of the proposed use with existing and anticipated development.
5. The safety of access to the property in times of flood for ordinary and emergency vehicles.
6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems.
7. 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.
8. The necessity to the facility of a waterfront location, where applicable.
9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
10. The relationship of the proposed use to the comprehensive plan for that area.
The City requires that the following Elevations Certificates be completed for any new residential or non-residential building construction:
1. Proposed Conditions: A proposed conditions Elevation Certificate is required to be completed by a professional and licensed engineer, surveyor, or architect as part of the Floodplain Permit package.
2. Finished Construction: A finished construction Elevation Certificate is required to be completed by a professional and licensed engineer, surveyor, or architect once the structure is completed, utilities are installed, and grading and landscaping has been completed.
E. Variance Procedures: The appeal authority, as established by the City, shall hear and render judgment on requests for variances from the requirements of this chapter after a floodplain development permit has been denied.
1. Any person or persons aggrieved by the decision of the appeal authority may appeal such decision to 2nd District Court, Davis County, Utah, as provided by law.
2. The appeal authority, as established by the City, shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement of administration of this chapter.
3. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to FEMA and the State Coordinating Agency upon issuing a variance.
4. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection 12-1-4.E. Variance Procedures have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
5. Upon consideration of the factors noted above and the intent of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.
6. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
7. Variances may be issued for the repair or rehabilitation of historic structures upon a 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. The term ‘‘substantial improvement'' does not include any alteration of a structure or facility listed on the National Register of Historic Places or a State Inventory of Historic Places.
Prerequisites for granting variances:
1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon:
a. Showing a good and sufficient cause.
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant.
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, conflict with existing local laws or ordinances, considers the need of ingress and egress during times of floods, and does not jeopardize first responders' health and welfare.
2. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the BFE, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
3. Variances may be issued by a city 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 subsection 12-1-4.E. Variance Procedures are met; and
b. The structure or other development is protected by methods that minimizeflood damages during the base flood and create no additional threats to publicsafety.
Variances for freeboard and Allowable Increases:
2. Variances shall not be issued to increase the allowed increase in BFE for floodplain Zones A1-30, AE, and AH as described in subsection 12-1-4.B. Duties and Responsibilities of the Floodplain Administrator, subsection 12.
F. Watercourse Alterations:
1. No alteration to a channel, river, stream, drainage way, or other watercourse shall diminish the flood-carrying capacity of that watercourse. The altered or relocated watercourse shall have the same or greater capacity as the original watercourse.
2. All proposals for a watercourse alteration require submittal of a floodplain development permit. The applicant shall submit a set of plans and calculations prepared by a registered professional engineer of the proposed alteration and its effect on flows. An applicant shall provide the following information. Additional information may be submitted and requested:
a. Topographic map of the project area.
b. A comparison of the existing and proposed channel capacity, including engineering calculations prepared by a registered professional engineer.
c. A description of the proposed alteration extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
d. Land use of adjacent properties.
e. Description of any obstructions.
f. Dimensions, specifications, and locations of any structures (bridges, culverts, water crossing, dams, dikes, levees, detention basins, etcetera).
g. Photos of the area.
3. Prior to approval of the floodplain development permit, the applicant shall:
a. Submit an application and obtain a CLOMR from FEMA.
b. Notify adjacent cities, property owners and the State Coordinating Agency, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Floodplain Administrator and to FEMA.
c. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished. (Ord. 2022-14, 8-23-2022)
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