(A) Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard (SFHAs) identified by FEMA and areas of identified and documented flood risk supported using best available data within the jurisdiction of the city.
(B) Basis for establishing the areas of special flood hazard.
(1) 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 West Haven City, Weber County, State of Utah," with accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps (FIRM and FBFM), dated November 30, 2023, and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter.
(2) Where base level engineering is available, base level engineering data shall be reviewed and reasonably used in FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas.
(a) Base flood elevations, floodway, and floodplain boundaries delineated by base level engineering shall take precedence over base flood elevations, floodway, and floodplain boundaries delineated by effective FIRMs and in flood insurance studies (FIS) if the base level engineering shows increased floodplain or floodway boundaries and/or higher base flood elevations.
(b) Base flood elevations and designated floodway boundaries on effective FIRMs and in flood insurance studies shall take precedence over base flood elevation and floodway boundaries delineated by base level engineering if the FIRMs and/or flood insurance studies show reduced floodway width and/or lower base flood elevations.
(C) Establishment of development permit. A development permit shall be required to ensure conformance with the provisions of 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 stringent restrictions 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 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 human-made 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 damage. 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.
(G) 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 community or governing body from taking such lawful action as is necessary to prevent or remedy any violations.
(H) Stop work order.
(1) Authority. Whenever the Floodplain Administrator or other community 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 § 154.03(I).
(I) 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 Class B misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than six months, or both, for each violation assessed daily, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Prior Code, § 13.20.030) (Ord. 16-2005, passed 11-16-2005; Ord. 22-2023, passed 11-1-2023)