TITLE 12
FLOOD CONTROL
CHAPTER 1
FLOOD DAMAGE PREVENTION
SECTION:
12-1-1: Statutory Authorization
12-1-2: Findings Of Fact
12-1-3: Statement Of Purpose
12-1-4: Definitions
12-1-5: Methods Of Reducing Flood Losses
12-1-6: General Provisions
12-1-7: Administration
12-1-8: Provisions For General Flood Hazard Reduction
12-1-9: Penalty
12-1-1: STATUTORY AUTHORIZATION:
The legislature of the state of Utah has, in Utah Code Annotated section 10-8-84, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses, promote the public health, safety and general welfare of its citizenry. Therefore, the city council of Sunset City, Utah, does adopt this chapter. (Ord. 2007-03, 6-19-2007)
12-1-2: FINDINGS OF FACT:
   A.   The flood hazard areas of Sunset City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
   B.   These flood losses are caused by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (Ord. 2007-03, 6-19-2007)
12-1-3: STATEMENT OF PURPOSE:
It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions to specific areas by provisions designed to:
   A.   Protect human life and health;
   B.   Minimize expenditure of public money for costly flood control projects;
   C.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   D.   Minimize prolonged business interruptions;
   E.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
   F.   Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
   G.   Ensure that potential buyers are notified that property is in an area of special flood hazard; and
   H.   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 2007-03, 6-19-2007)
12-1-4: DEFINITIONS:
Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meanings they have in common usage and to give this chapter its most reasonable application:
   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.
   AREA OF SHALLOW FLOODING: A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
   AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
   BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
   BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
   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.
   DEVELOPMENT: Any manmade change in improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
   ELEVATED BUILDING: A nonbasement building: a) built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor, or in the case of a building in zones V1-30, VE or V, to have 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 floor 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 zones A1-30, AE, A, A99, 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. 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.
   EXISTING CONSTRUCTION: For the purpose of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
   EXISTING 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 (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 the effective date of the floodplain management regulations adopted by a community.
   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).
   FLOOD INSURANCE RATE MAP (FIRM): An official map of a community on which the federal emergency management agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
   FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map.
   FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
   A.   The overflow of inland or tidal waters.
   B.   The unusual and rapid accumulation or runoff of surface waters from any source.
   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.
   FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
   FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
   FLOODPLAIN OR FLOODPRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood Or Flooding).
   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.
   FUNCTIONALLY DEPENDENT USE: A use 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 or 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 historic 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 a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or
   D.   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
      1.   By an approved state program as determined by the secretary of the interior; or
      2.   Directly by the secretary of the interior in states without approved programs.
   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.
   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 storage in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the national flood insurance program regulations.
   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 connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
   MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
   NEW CONSTRUCTION: For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvement to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
   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 (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 on or after the effective date of floodplain management regulations adopted by a community.
   RECREATION 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 projections;
   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 seasonable use.
   START OF CONSTRUCTION: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction or 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. Permanent construction does not include land preparation; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings 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 part of the main structure. For a substantial improvement, the actual start of construction 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: A walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.
   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.
   SUBSTANTIAL IMPROVEMENT: Any 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 before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term 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 the local code enforcement official and which are the minimum necessary 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 to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. (For full requirements, see section 60.6 of the NFIP regulations.)
   VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
   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. (Ord. 2007-03, 6-19-2007)
12-1-5: METHODS OF REDUCING FLOOD LOSSES:
In order to accomplish its purposes, this chapter includes methods and provisions for:
   A.   Restricting or prohibiting uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
   B.   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   C.   Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which are involved in the accommodation of floodwaters;
   D.   Controlling filling, grading, dredging, and other development which may increase flood damage; and
   E.   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Ord. 2007-03, 6-19-2007)
12-1-6: GENERAL PROVISIONS:
   A.   Lands To Which This Chapter Applies: This chapter shall apply to all areas of special flood hazard within the jurisdiction of Sunset City.
   B.   Basis For Establishing Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal emergency management agency in a scientific and engineering report entitled "The Flood Insurance Study For Sunset City" dated June 18, 2007, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared part of this chapter.
   C.   Establishment Of Development Permit: A development permit shall be required to ensure conformance with the provisions of this chapter.
   D.   Compliance: No structure 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.
   E.   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 stringent restrictions shall prevail.
   F.   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 Sunset City council; and
      3.   Deemed neither to limit nor repeal any other powers granted under state statutes.
   G.   Warning And Disclaimer Of Liability: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or 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 community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 2007-03, 6-19-2007)
12-1-7: ADMINISTRATION:
   A.   Designation Of Floodplain Administrator: The building inspector is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management.
   B.   Duties And Responsibilities Of Floodplain Administrator: Duties of the floodplain administrator shall include, but not be limited to, the following:
      1.   Maintain and hold open for public inspection all records pertaining to the provisions of this chapter;
      2.   Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding;
      3.   Review, approve or deny all applications for development permits required by adoption of this chapter;
      4.   Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local government agencies (including section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334) from which prior approval is required;
      5.   Where interpretation is needed as to the exact location of 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;
      6.   Notify, in riverine situations, adjacent communities and the state coordinating agency which is the department of public safety, emergency service and homeland security, prior to any altercation or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency;
      7.   Assure that flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
      8.   When base flood elevation data has not been provided in accordance with subsection 12-1-6B of this chapter, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of this section;
      9.   When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or any other development (including fill) shall be permitted within zones A1-30 and AE on the community 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 community;
      10.   Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain developments in zones A1-30, AE and AH on the community's FIRM which increases the water surface elevation of the base flood by more than one foot (1'), provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).
   C.   Permit Procedures:
      1.   Application for a development permit shall be presented to the floodplain administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
         a.   Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;
         b.   Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
         c.   A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria in subsection 12-1-8B2 of this chapter;
         d.   Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
         e.   Maintain a record of all such information in accordance with subsection B1 of this section.
      2.   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:
         a.   The danger to life and property due to flooding or erosion damage;
         b.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
         c.   The danger that materials may be swept onto other lands to the injury of others;
         d.   The compatibility of the proposed use with existing and anticipated development;
         e.   The safety of access to the property in times of flood for ordinary and emergency vehicles;
         f.   The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, public utilities, and facilities such as sewer, gas, electrical and water systems;
         g.   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;
         h.   The necessity to the facility of a waterfront location where applicable;
         i.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
         j.   The relationship of the proposed use to the comprehensive plan for that area.
   D.   Variance Procedures:
      1.   The appeal board as established by the community shall hear and render judgment on requests for variances from the requirements of this chapter.
      2.   The appeal board 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 or administration of this chapter.
      3.   Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.
      4.   The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the federal emergency management agency upon request.
      5.   Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this chapter.
      6.   Variances may be issued for new construction and substantial improvement 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 flood level, providing the relevant factors in subsection C2 of this section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
      7.   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 objective of this chapter.
      8.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      9.   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 historical structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
      10.   Prerequisites for granting variances:
         a.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to avoid relief.
         b.   Variances shall only be issued upon:
            (1)   Showing a good and sufficient cause;
            (2)   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
            (3)   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 ordinances.
         c.   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 base flood elevation, and that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      11.   Variances may be issued for a community for new construction, substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
         a.   The criteria outlined in subsections D1 through D9 of 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. (Ord. 2007-03, 6-19-2007)
12-1-8: PROVISIONS FOR GENERAL FLOOD HAZARD REDUCTION:
   A.   General Standards: In all areas of special flood hazard, the following provisions are required for all new construction and substantial improvements:
      1.   All new construction or substantial improvements shall 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;
      2.   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
      3.   All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
      4.   All new construction or substantial improvements shall 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;
      5.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
      6.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
      7.   On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
   B.   Specific Standards: In all areas of special flood hazard where base flood elevation data has been provided as set forth in this chapter, the following provisions are required:
      1.   Residential Construction: New construction and substantial improvements of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the floodplain administrator that the standard of subsection 12-1-4C1a of this chapter is satisfied.
      2.   Nonresidential Construction: New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.
      3.   Enclosures: New construction and substantial improvements, with fully enclosed 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 the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect.
      4.   Manufactured Homes: Require that all manufactured homes to be placed within zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state and local requirements for resisting wind forces.
      5.   Recreational Vehicles: Require that recreational vehicles placed on sites within zones A1-30, AH and AE on the community's FIRM either:
         a.   Be on site for fewer than one hundred eighty (180) consecutive days;
         b.   Be fully licensed and ready for highway use; or
         c.   Meet the permit requirements of subsection 12-1-7C1 of this chapter, and the elevation and anchoring requirements for "manufactured homes" in subsection B4 of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
   C.   Standards For Subdivision Proposals:
      1.   All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with sections 12-1-1, 12-1-2, and 12-1-5 of this chapter.
      2.   All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet development permit requirements of subsections 12-1-6C, 12-1-7C of this chapter; and the provisions of this section.
      3.   Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is less, if not otherwise provided pursuant to subsection 12-1-6B or 12-1-7B8 of this chapter.
      4.   All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
      5.   All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
It is hereby found and declared by Sunset City that flooding has occurred in the past within its jurisdiction and will certainly occur in the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the national flood insurance program; and in order to effectively remedy the situation described herein, it is necessary that this chapter become effective immediately.
Therefore, an emergency is hereby declared to exist, and this chapter, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. (Ord. 2007-03, 6-19-2007)
12-1-9: PENALTY:
Any person who violates any term or provision of this chapter shall be guilty of a class B misdemeanor and shall be punished by a fine of not to exceed one thousand dollars ($1,000.00) and/or a jail sentence of not to exceed six (6) months. (Ord. 2007-03, 6-19-2007)