Ordinance # 133

AN ORDINANCE OF THE CITY OF RIGGINS, PROVIDING FOR THE ADOPTION OF FLOOD DAMAGE PREVENTION REGULATION, PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES; PROVIDING FOR DEFINITIONS, PROVIDING FOR GENERAL PROVISIONS OF JURISDICTION AND BASIS FOR ESTABLISHING SPECIAL FLOOD HAZARD AREAS; PROVIDING FOR ADMINISTRATION OF DEVELOPMENT PERMITS; PROVIDING FOR PROVISIONS FOR FLOOD HAZARD REDUCTION, PROVIDING FOR PUBLICATION AND PROVIDING FOR A EFFECTIVE DATE.

FLOOD DAMAGE PREVENTION ORDINANCE

SECTION 1.0    STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES

1.1    STATUTORY AUTHORIZATION

    The Legislature of the State of Idaho has in 67-6508 (G) delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of it citizenry.  Therefore, the Council of the City of Riggins, Idaho does ordain as follows:

1.3    STATEMENT OF PURPOSE

    It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

    (1)    To protect human life and health:

    (2)    To minimize expenditure of public money and costly flood control projects;

    (3)    To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

    (4)    To minimize prolonged business interruptions;

    (5)    To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard.

    (6)    To 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 blight areas.

    (7)    To ensure that potential buyers are notified that property is in an area of special flood hazard; and

    (8)    To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

SECTION 2.0    DEFINITIONS

    Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

    AREA OF SPECIAL FLOOD HAZARD    means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

    BASE FLOOD    means to flood having a one percent change of being equaled in any given year. Also referred to as the "100-year flood". Designation on maps always include the letters A or V.

    DEVELOPMENT    means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

    FLOOD OR FLOODING    means a general and temporary condition or partial or complete inundation of normally dry land area from:

    (1)    The overflow of inland or tidal water and/or

    (2)    The unusual and rapid accumulation of runoff or surface waters from any source.

    FLOOD INSURANCE RATE MAP (FIRM)    means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

    FLOOD INSURANCE STUDY    means the official report provided by the Federal Insurance Administration that include flood profiles, the Flood Boundary-Floodway map, and the water surface elevation of the base flood.

    FLOODWAY    means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

    LOWEST FLOOR    means 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 non-elevation design requirements of the ordinance found at Section 5.2 -1(2).

    MANUFACTURED HOME    means 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. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

    NEW CONSTRUCTION    means structure for which the "start of construction" commenced on or after the effective date of this ordinance.

    START OF CONSTRUCTION    includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a 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; or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

    STRUCTURE    means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

    SUBSTANTIAL IMPROVEMENT    means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

        (1)    before the improvement or repair is started, or

        (2)    if the structure has been damaged and is being restored, before the damage occurred. For the purposes of the definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

SECTION 3.0    GENERAL PROVISIONS

3.1    LANDS TO WHICH THIS ORDINANCE APPLIES    This ordinance shall apply to all areas of special flood hazards within the jurisdiction of City of Riggins.

3.2    BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD    The areas of special flood hazard will be identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Riggins" Accompanying flood Insurance Maps will be adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study will be on file at City Hall, 126 North Main, Riggins, Idaho.

SECTION 4.0    ADMINISTRATION

4.1    ESTABLISHMENT OF DEVELOPMENT PERMIT

    4.1-1    Development Permit Required    A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the definitions, and for all development including fill and other activities, also set forth in the definitions.

4.2    DESIGNATION OF THE CITY COUNCIL    The City Council is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with it provisions.

4.3    DUTIES AND RESPONSIBILITIES OF THE CITY COUNCIL    Duties of the City Council shall include, but not be limited to:

    4.3-1:    Permit Review

        (1)    Review all development permits to determine that the permit requirements of this ordinance have been satisfied.

        (2)    Review all development permits to determine that all necessary have been obtained from those Federal, State, and local government agencies from which prior approval is required.

        (3)    Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.3 (1) are met.

    4.3-2    Use of Other Flood Date

        When base flood elevation data has not been provided in accordance with Section 3.2, Basis for Establishing The Areas of Special Flood  Hazard, the City Council obtain, review, and reasonably utilize any base flood elevation and floodway date available from a Federal, State, or other source, in order to administer Sections 5.2, Specific Standards, and 5.3 Floodways.

    4.3-3    Information to be Obtained and Maintained

        (1)    Where base flood elevation date is provided through the Flood Insurance Study or required as in Section 4.3-2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially new improved structures, and whether or not the structure contains a basement.

        (2)    For all new or substantially improved flood proofed structures:

            (i)    Verify and record the actual elevation (in relation to mean sea level) and

            (ii)    Maintain the flood proofing certifications required in Section 4.1(3)

        (3)    Maintain for public inspection all records pertaining to the provisions of this ordinance.

    4.3-4    Alteration of watercourses

        (1)    Notify adjacent communities and the Idaho Department of Water Resource prior to any alternation or relocation of a watercourse, and submit evidence of such notification tot he Federal Insurance Administration.

        (2)    Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.

    4.3-5    Interpretation of FIRM Boundaries

        Make interpretations where needed, as to 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation.  Such appeals shall be granted consistent with the standards of Section 60.6 of the rules and regulations of the National Flood Insurance Program (44CFR 59-76).

SECTION 5.0    PROVISIONS FOR FLOOD HAZARD REDUCTION

5.1    GENERAL STANDARDS

    In all areas of special flood hazards, the following standards are required:

    5.1-1    Anchoring

        (1)    All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement or the structure.

        (2)    All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques).

    5.1-2    Construction Materials and Methods

        (1)    All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

        (2)    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

        (3)    Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

    5.1-3    Utilities

        (1)    all new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters to the system.

        (2)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

        (3)    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

    5.1-4    Subdivision Proposals

        (1)    All subdivision proposals shall be consistent with the need to minimize flood damage;

        (2)    All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; and,

        (3)    All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,

        (4)    Where base flood elevation data has not been provided or is not available from another authoritative source, is shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less).

    5.1-5    Review of Building Permits

        Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 4.3-2), Applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding.  The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates

5.2    SPECIFIC STANDARDS

    In all areas of special flood hazards where base flood elevation date has been provided as set forth in Section 3.2, Basis for Establishing the Areas For Special Flood Hazard or Section 4.3-2, Use of Other Base Flood Date, the following provisions are required:

    (1)    New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

    (2)    Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

        (i)    A minimum of two openings having a total area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

        (ii)    The bottom of all openings shall be no higher than one foot above grade.

        (iii)    Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

    5.2-2    Nonresidential Construction

    New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated tot he level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

    (1)    Be flood proofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water;

    (2)    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

    (3)    Be certified by a registered professional engineer or architect that the design and method of construction are in accordance with accepted standards of practice for meeting provisions of the subsection based on their development and/or review of the structural design, specifications and plans. such certifications shall be provided tot he official as set forth in Section 4.3-3(2).

    (4)    Nonresidential structures that are elevated, not flood proofed, must meet the same standards for space below the lowest floor as described in 5.2-1(2).

    (5)    Applicants flood proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level.).

    5.2-3    Manufactured Homes

        All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 5.1-1(2).

5.3    FLOODWAYS

    Located within areas of special flood hazard established in Section 3.2, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

    (1)    Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

    (2)    If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0; Provisions for Flood Hazard Reduction.

SECTION 6.0    PUBLICATION AND EFFECTIVE DATE

    6.1    Publication in Official Newspaper

    6.1-1     This ordinance shall be effective upon it's publication in one issue of the Idaho County Free Press.

PASSED AND APPROVED under suspension of the rules on this 19th day of February, 1997.