The following ordinance is designed as overlay zones for sensitive and hazard areas. It depends on maps, adopted as zoning overlay maps, which identify the approximate areas where the hazard lands are be located. The purpose of this chapter is to provide for safe, orderly and beneficial development of areas characterized by diversity of sensitive and hazardous conditions as shown on the Official Sensitive and Hazard Area Maps (flood plain, urban/wildlife, geologic hazards, hillside); to limit alteration to topography and reduce encroachment upon, or alteration of, such areas. Sensitive land conditions can be considered to include fire, slope of the land, slope and soil stability, natural drainage ways, flood plains, wetlands, soil characteristics, potential landslide areas, seismic areas, and other such potential hazards.

(Original Ordinance No. 2002-01. Amended by Ordinance 2005-03, 1/25/05)

Any development or change to a parcel of ground, which alters it from its natural state in any way, including clearing, excavation, grading, installation of any infrastructure or erection of any types of buildings within a sensitive land area as shown on the Alpine City Sensitive and Hazard Area Maps shall comply with this ordinance. The type of regulations applicable to the land depend upon the classification in which the land is placed.

(Original Ordinance No. 2002-01. Amended by Ordinance 2005-03, 1/25/05) 

1. If the proposed development is involved in a Site Plan Review, or approval of a planned unit development, conditional use permit, subdivision, partition, or other regulatory process, the review shall be conducted simultaneously with the regulatory process and no additional fee shall be charged.
2. If a development is exclusive of any other regulatory process but in a sensitive land area then the Sensitive Land Area Review may be processed by the City Engineer.
3. Criteria for Approval. An approval shall be issued by Alpine City when the applicant demonstrates the following:
4. That the development is in compliance with the requirements of this Chapter and all other applicable Alpine City Ordinances.
5. Planning Commission. Shall have the power to amend plans to include any or all of the following conditions if it is deemed necessary to mitigate any potential impact caused by the development.
   
   If in the opinion of the Planning Commission, the Environmental Impact Study is deficient in any area, or the mitigation plan is deficient in any way, the Planning Commission may order another study, and the findings of the City study may be used in determining the safety of the proposed development.

(Original Ordinance No. 2002-01. Amended by Ordinance 2005-03, 1/25/05)

The following factors shall be used to determine the classification of various lands and their constraints to building and development on them:

1. Geologic Hazard Lands. Lands identified on the Official Alpine City Hazards map as having landslide, debris flow, rock fall, soil liquefaction or surface-fault-rupture hazards.
   
2. Hillside Lands. Lands identified on the Official Alpine City Hazard map as having an elevation above 5350 feet Mean Sea level.
   
3. Wildland Urban Interface Lands. Lands identified on the Official Alpine City Hazard map as having potential wild fire hazard.
   
4. Flood Plain Lands. Lands with potential stream flow and flood hazard. Flood plain lands consist of all lands contained within the 1% annual chance flood as defined by Federal Emergency Management Agency, in the most current Flood Insurance Rate Map (FIRM) shown for Alpine City. The FIRM map is also adopted as the Official Alpine City Hazard map for flood damage prevention overlay zone.

(Original Ordinance No. 2002-01. Amended by Ordinance 2005-03, 1/25/05)

1. The Alpine City Council shall adopt official overlay zoning maps denoting the above identified areas. Substantial amendments of these maps shall require City Council approval. The official Alpine City Sensitive, Flood, and Hazard Land maps may be amended by the City Council after a receiving a recommendation from the Planning Commission.
2. Map as Reference to Text
   1. The text provisions of this ordinance shall be used to determine which sensitive land category the applicant is in and what requirements they are subject to under this ordinance.
   2. Applicants are required to provide the Planning Department with a delineation of the Sensitive Land Area on the subject property as part of the application. An application shall not be considered complete until this delineation is submitted.
   3. An applicant may identify and delineate Sensitive Areas by gathering and reviewing information other than the Alpine City Sensitive and Hazard Land Maps, such as aerial photographs or coring of soils.
   4. The attached maps are hereby adopted as the Official Alpine City Sensitive and Hazard Land Maps until such time as they may be amended or supplemented.

(Original Ordinance No. 2002-01. Amended by Ordinance 2005-03, 1/25/05)

Debris Hazard Map

Rock Hazard Map

Slide Hazard Map

1. Purpose of Provisions. The purpose of the geologic hazards overlay is to promote the safety of the citizens of Alpine City, and minimize the adverse effects of geologic hazards. The geologic hazard overlay includes surface fault rupture, landslide, debris flow, rockfall, and soil liquefaction.
2. Definitions. The following terms have the following meanings:
   
   Active Fault: A fault displaying evidence of greater than four inches of displacement along one or more of its traces during Holocene time (about 10,000 years ago to the present).
   
   Avalanche: A large mass of snow, ice, soil, and rock, or a mixture of these materials, falling, sliding, or flowing rapidly under the force of gravity.
   
   Buildable Area: A lot or portion thereof possessing all of the following physical characteristics:
   1. The area contains no territory having a natural slope of twenty (20) percent or greater;
   2. The area contains the portion of a site where an approved engineering geology and/or geotechnical report, as required, has indicated is not impacted by geologic hazards, or concluded that the identified hazards can be mitigated where risk to human life and property are reduced to an acceptable level, and where structures may be safely sited.
   3. The engineering properties of the soil provide adequate structural support for the intended use;
   4. The area does not possess any other recognized natural condition, which renders it unsafe for building purposes;
   5. The area is within the building setback envelope as determined in accordance with the setback provisions of the zone; and
   6. The area is readily capable of vehicular access from the adjacent public street over a driveway having a slope of not more than twelve (12) percent with no cut or fill greater than five feet as measured at the finished grade of the centerline alignment.
      
   Critical Facilities: Essential facilities and lifelines such as major utility, transportation, and communication facilities and their connections to essential facilities, e.g. tanks or other structures supporting water or other fire-suppression materials or equipment required for the protection of essential or hazardous facilities, or special occupancy structures.
   
   Debris Flow: A slurry of rock, soil, organic material and water transported in an extremely fast and destructive flow that flows down channels and onto and across alluvial fans; includes a continuum of sedimentation events and processes including debris flows, debris floods, mudflows, clearwater floods, and alluvial fan flooding.
   
   Engineering Geologist: A geologist, who through education, training and experience, is able to conduct field investigations and interpret geologic conditions. Professional licensing is required through the State of Utah.
   
   Engineering Geology: The application of Geologic data, principles and interpretations so that geological factors affecting planning, design, construction, and maintenance of engineered works are properly recognized and adequately interpreted.
   
   Essential Facility: Buildings and other structures that are intended to remain operational in the event of extreme environmental loading from snow or earthquakes.
   
   Fault: A fracture in the earth's crust forming a boundary between rock or soil masses that have been moved relative to each other.
   
   Fault activities class: Age of most recent surface rupture on a fault (Holocene - <10,000 yrs; Late Quaternary-<130,000 yrs; Quaternary-<1.6 Million yrs); as defined in UGS MP 03-06.
   
   Fault setback: An area on either side of a fault within which structures for human occupancy or critical facilities is not permitted.
   
   Fault Scarp: A steep slope or cliff formed by movement along a fault.
   
   Fault Trace: The intersection of a fault plane with the ground surface, often present as a fault scarp, or detected as a lineament on aerial photographs.
   
   Fault Zone: A corridor of variable width along one or more fault traces, within which deformation has occurred.
   
   Geologic Hazard Area: A potentially hazardous area as shown on the Alpine City Hazard maps as geologic hazards where hazard investigations are required prior to development.
   
   Geotechnical Engineer: A professional, licensed engineer whose education, training, and experience is in the field of geotechnical engineering. Professional licensing is required through the state of Utah.
   
   Geotechnical Engineering: The investigation and engineering evaluation of earth materials including soil, rock and man-made materials and their interaction with earth retention systems, foundations, and other civil engineering works. The practice involves the fields of soil mechanics, rock mechanics, and earth sciences and requires knowledge of engineering laws, formulas, construction techniques, and performance evaluation of engineering.
   
   Landslide: A general term for the downslope movement of a mass of soil, surficial deposits or bedrock, including a continuum of processes between landslides, earthflows, mudflows, debris flows and debris avalanche, and rockfall.
   
   Non-Buildable Area: That portion of a site which an engineering geology report has concluded may be impacted by geologic hazards that cannot be feasibly mitigated to a safe level, and where citing of habitable structures is not permitted.
   
   Rockfall: A rock, or mass of rock, newly detached from a cliff or other steep slope which moves downslope by falling, rolling, toppling, or bouncing; includes rockslides, rockfall avalanches, and talus.
   
   Setback: An area within which habitable structures or critical facilities are not permitted.
   
   
3. Applicability. The regulations contained in this category shall apply to all lands in Alpine City within the Geologic Hazards Overlay Zone as shown on the Alpine City Hazard Maps.
4. Required Geologic Hazard and Engineering Geology Reports. An engineering geology report may be required in Geologic Hazard areas that include a geologic hazards investigation and assessment prepared by a qualified engineering geologist upon the recommendation of the City Engineer or at the request of the Planning Commission or City Council. The report shall be site-specific and shall identify all know or suspected geologic hazards, whether previously mapped or unmapped, that may affect the particular property. All reports will be prepared by a qualified geologist or engineer and all reports shall be signed and stamped by the preparer and include their qualifications. Reports are:
   1. Surface-fault rupture hazard reports shall be prepared in accordance with “Guidelines for Evaluating Surface-Fault-Rupture Hazards in Utah, UGS MP 03-6."
   2. Debris flow hazard studies and reports shall be prepared in accordance with “Guidelines for the geologic evaluation of debris flow hazards on alluvial-fans in Utah,” draft UGS Miscellaneous Publications, Misc 04-X. Debris flow hazard analyses may require contributions from qualified hydrologists and engineers. Clear-water alluvial-fan flood hazards are to be addressed as part of debris flows; and should comply with FEMA standards.
   3. Landslide reports shall be prepared in accordance with the Utah Geological Survey’s “Guidelines for Evaluating Landslide Hazards in Utah,” (UGS Circular 92). Slope stability or other analyses included in these reports shall include both static and dynamic conditions.
   4. Rockfall reports may include models as outlined in Colorado Rockfall Simulation Program, by Jones, Higgins, and Andrew; March, 2000.
   5. Liquefaction reports will be based on the corings or trenches and any soils with the propensity for liquefaction will be outlined, and their hazard addressed and mitigation measures evaluated.
   6. Other geologic hazard or engineering geology reports shall be prepared in accordance with Utah Geological Survey Miscellaneous Publication M, “Guidelines for Preparing Engineering Geologic Reports in Utah.” Generally, these reports must be prepared by a qualified engineering geologist, commonly in collaboration with a professional engineer. Liquefaction and geotechnical soil reports may be prepared by a professional engineer.
   7. All reports shall include, at a minimum:
      1. A 1:24,00-scale geologic map (with reference) showing the surface geology, bedrock geology (where exposed), bedding attitudes, faults or other structural features, and the locations of any geologic hazards.
      2. A detailed site map of the subject area showing any site-specific mapping performed as part of the geologic investigation, and including boundaries and features related to any geologic hazards, topography, and drainage. The site map must show the location of test pits, trenches and corings, boundaries of the hazard(s), delineation of any recommended setback distances from hazard(s), and recommended location(s) for structures. Buildable and non-buildable areas shall be clearly identified. Scale shall be one inch equals one hundred feet or larger.
      3. Trench logs and test pit logs (scale: 1 inch equals 5 feet, or larger), aerial photographs, references with citations, and other supporting information, as applicable. Ten days prior to trenching the land owner will notify Alpine City. Alpine City reserves the right to have a third-party present for consultation on trench location.
      4. Conclusions that summarize the characteristics of the geologic hazards, and that address the potential effects of the geologic conditions and geologic hazards on the proposed development and occupants thereof in terms of risk and potential damage.
      5. Specific recommendations for additional or more detailed studies, as may be required to understand or quantify the hazard, evaluate whether mitigation measures are required and evaluate mitigation options.
      6. Specific recommendations for avoidance or mitigation of the effects of the hazard(s) shall be included in the report. These recommendations shall include design or performance criteria for engineered mitigation measures and all supporting calculations, analyses, modeling or other methods, and assumptions. Final design plans and specifications for engineered mitigation must be signed and stamped by a qualified professional licensed geotechnical or structural engineer, as appropriate. Evidence on which recommendations and conclusions are based shall be clearly stated in the report.
5. Review of reports—Approval procedure
   1. In order to fulfill the purposes of the geologic hazard overlay, the Planning Commission shall review any proposed land use which requires preparation of a geologic hazard report under this category to determine the possible risks to the safety of persons or property from geologic hazards.
   2. Prior to consideration of any such development for preliminary plat by the City, the geologic hazard report shall be submitted to Alpine City and Utah State Geological Survey for review and recommendation. Alpine City may request at the developer’s expense other experts to review the report (third-party review) and provide additional recommendations. Alpine City shall retain a copy in the Alpine City development file.
   3. Alpine City and other retained experts in their review of the report, and the City Council in its consideration of the development, shall determine whether the development complies with all of the following standards:
      1. The proposed land use does not present an unreasonable risk to the safety of persons or property (including buildings, storm drains, public streets, utilities or critical facilities, whether off-site or on-site), or to the aesthetics and natural functions of the landscape (e.g. slopes, streams or other waterways, drainage, wildlife habitat, etc., whether off-site or on-site) because of the presence of geologic hazards or because of modifications to the site due to the proposed land use;
      2. The proposed land use may be approved if the reports submitted by the applicant demonstrate that, consistent with the state of the practice, the identified hazards can be mitigated to a level where the risk to human life and damage to property are reduced to an acceptable and reasonable level in a manner which will not violate applicable federal, state, or local statutes, ordinances, or regulations. Mitigation measures should consider, in their design, the intended aesthetic functions of other governing ordinances.
   4. Any area determined to contain geologic hazards to life or property shall not be approved for development unless the applicant demonstrates that the identified hazards or limitations can be reduced to an acceptable and reasonable manner. The applicant must include, with the geologic hazards report, a mitigation plan that defines how the identified hazards or limitations will be addressed, as described in Part 4, and without impacting or affecting off-site areas.
   5. Alpine City may set other requirements as are necessary to overcome any geologic hazards and to ensure that the purposes of this Chapter are met. These requirements may include, but are not limited to:
      1. Additional or more detailed studies to understand or quantify the hazard or determine whether mitigation measures recommended in the report are adequate;
      2. Specific mitigation requirements; establishing buildable and/or non-buildable areas; limitations on slope grading; and/or revegetation;
      3. Installation of monitoring equipment and seasonal monitoring of surface and subsurface geologic conditions, including groundwater levels;
      4. Other requirements such as time schedules for completion of the mitigation, phasing of development, etc.
   6. Alpine City may also set requirements necessary to reduce the risks from geologic hazards as a condition to the approval of any development which requires a geologic hazards report.
6. Requirements in Surface Fault Rupture Areas
   1. No critical facility (excluding transportation lines or utilities, which by their nature may cross faults) or structures designed for human occupancy shall be built astride a Holocene fault. A fault study must be prepared prior to final approval of the land use or applicable building permits. If a fault is discovered in the excavation, a special study must be performed to determine the activity class of the fault; the procedures set forth in UGS MP 03-6 shall be followed. If the fault activity class is Holocene, the fault study report shall establish a fault setback on either side of the fault within which no critical facilities or structures for human occupancy shall be placed. If the fault activity class is Late Quaternary or Quaternary, recommendations in USC MP 03-06 shall be followed.
   2. No structure designed for human occupancy shall be built on a fault scarp. Footing setbacks from a fault scarp shall be the requirements as recommended in USG MP 03-06 or the slope requirements of the adopted International Building Code (IBC Appendix J), whichever is more stringent. The Building Official may increase footing setback requirements where information from a geologic report indicates slope conditions warrant a greater setback distance.
   3. Setback requirements do not apply to accessory buildings.
7. Disclosure when a geologic hazards report is required
   1. Whenever a geologic hazards report is required, the owner of the parcel shall record a notice running with the land in a form satisfactory to Alpine City prior to the approval of any development or subdivision of such parcel. Disclosure will include signing a Disclosure and Acknowledgement Form provided by the City, which will include the following:
      1. Notice that the parcel is located within a Geologic Hazard Overlay Zone on the Alpine City Hazard Maps.
      2. Notice that a geologic hazards report was prepared and is available for public inspection in Alpine City’s files.
   2. Where geologic hazards and related setbacks are delineated in the subdivision, the owner shall also place additional notification on the plat stating the above information, prior to final approval of the plat.
8. Compliance with Geologic Hazard Overlay. The consulting firm or consultant shall ensure all mitigation standards and requirements enumerated in the geological hazard report and additional requirements made by Planning Commission are correctly implemented and shall submit a letter to Alpine City detailing the completion.
9. Warning and Disclaimer. The geologic hazards in this overlay zone represent only those geologic hazard areas known to the City, and should not be construed to include all possible potential hazard areas. The geologic hazards areas may be amended as new information becomes available. The provisions of the geologic overlay zone do not in any way assure or imply that areas outside its boundaries will be free from the possible adverse effects of geologic hazards. This Chapter shall not create liability on the part of Alpine City, any officer or employee thereof for any damages from hazards that result from reliance on this Chapter or any administrative requirement or decision.
   
   Any development in a hazard area approved by Alpine City or any officer or employee thereof will not be liable.

(Original Ordinance No. 2002-01. Amended by Ordinance 2005-03, 1/25/05)

1. PUPROSE. To establish standards for development and fire prevention in areas bordering on wildlands. In addition to this section of the Development Code, areas bordering on wildlands shall be subject to the Wildland-Urban Interface Site Plan/Development Review Guide (supplemental document).
2. ADDRESSES
   1. Specifications. Each premise must have approved numbers or addresses, a minimum of 5 inches in size, placed in such a position as to be plainly visible and legible from the road fronting the property. Numbers shall contrast with their background and their positions shall be suited for visibility in all seasons.
3. STRUCTURAL DESIGN AND CONSTRUCTION
   Protection. For structures receiving a HIGH HAZARD or EXTREME HAZARD rating on the Fire Hazard Severity Form, found in the Wildland-Urban Interface Site Plan/Development Review Guide, shall be provided with automatic sprinkler protection in accordance with the National Fire Protection Association (NFPA) Standard 13 R, modified as follows:
   1. Decks and Walks. Decks and walkways greater than 4 feet wide shall have quick response sprinkler heads placed ten feet on center if an exposure hazard is present. Eaves of the structure will also be provided with sprinkler heads 10 feet on center and attic vents shall be similarly protected if an exposure hazard is present. For the purposes of this Part, an exposure hazard is defined as the presence of any of the following at the time of construction or evidence of such in the construction plans provided:
      1. Flows. The system calculations shall be based on a minimum of four flowing quick-response sprinklers hydraulically calculated to provide flows in accordance with manufacturer's specifications for sprinklers. Calculations shall be based on 90% of the available flow at the base of the riser.
      2. Loop Systems. The use of anti-freeze loop systems is allowed when an acceptable back-flow prevention assembly is provided. Anti-freeze loops shall be relieved by using either an approved expansion tank or relief valve. Drilled clapper valves are not permitted.
      3. Inspection. An inspector's test valve is required upstream of the anti-freeze loop check valve.
      4. Control Valves. Automatic sprinkler systems shall be provided with an indicating control valve accessible to the fire department.
      5. Certification. Approval of any system shall be based on final inspection and receipt of hydrostatic and flushing certificates provided by the installer.
      6. Automatic sprinkler protection, where installed, shall be inspected annually at the owner's expense by a licensed sprinkler contractor. A copy of the inspection shall be submitted to the Fire Chief by December 31st of each year.
4. ENFORCEMENT
   1. Responsibility. The conditions outlined in the Wildland Urban Interface Overlay shall be maintained by the property owner and/or the applicable homeowners' association as a condition of maintaining "adequate fire protection" in accordance with Section 11-7-1 of the Utah Code Annotated and protective agreements, if any, made with Alpine City at the time of annexation.
   2. Non-Exclusive Nature. The provisions of the Wildland Urban Interface Overlay represent minimum standards. each owner of property in the Wildland Urban Interface area is expected to use reasonable care in mitigating potential fire hazards, whether or not the potential hazard is enumerated in this section.
   3. Pre-Existing Conditions. Property not in compliance with the vegetative clearance section of the Wildland Urban Interface Overlay at the time of passage shall have one year in which to conform to its provisions, except that retrofitting of sprinklers will not be required.
   4. Enforcement Official. Provisions of the Wildland Urban Interface Overlay shall be enforced by the Alpine City Fire Chief or his appointed designees. The Fire Chief is authorized to recommend alternatives to any of the provisions of this code upon application in writing by the owner, lessee or a duly authorized representative where there are practical difficulties that prevent carrying out the such provisions, provided that the spirit and intent of the code shall be maintained, public safety furthered and substantial justice done. The particulars of such modifications and decision of the Fire chief shall be submitted to the City Council.
      1. Inspections. The Fire Chief or his designee shall conduct inspections to determine compliance with the Wildland Urban Interface requirements at the time of building permit inspections and at least once a year or at any other reasonable time. The Fire Chief or designee shall also conduct inspections based on the request of any other property owner, lessee, City official or employee who has reasonable cause to believe that a potential fire hazard exists in violation of the provisions of this ordinance.
      2. Notice. The Fire Chief or his designee will annually publish and as needed periodic notices to remind residents of the provisions of the Wildland Urban Interface and will make available information on the provisions of the ordinance, as well as guidance on fire-resistant vegetation and suitable landscaping.
   5. Recourse. Any person adversely affected by any decision made in the exercise of the provision of this section may pursue administrative and legal remedies in accordance with the following provisions:
      1. Procedure. No person may challenge Alpine City's land use decisions under this section in district court until all administrative remedies have been exhausted.
      2. Judicial Review. Any person having exhausted all possible administrative remedies may file a petition for review of the decision with the district court within 30 days after the local decision is rendered.
      3. Validity of Ordinance. The courts shall presume that land use decisions and regulations are valid and determine only whether or not the decision is arbitrary, capricious or illegal.
   6. Remedies. Alpine City, its officers and employees, the city attorney or any owner of real estate within Alpine City may, in addition to other remedies provided by law, institute proceedings to secure injunction, mandamus, abatement or any other remedies provided by law, including prevention, enjoinment or removal.
   7. Injunction. Alpine City need only establish the violation in order to secure injunction.
   8. Building Permits. Alpine City, its officers and employees, may enforce this ordinance by withholding building permits and it shall be unlawful to erect, construct, alter or change the use of any building or other structure within Alpine City without approval of such building permit.
      1. Failure to Obtain Permit. Any architect, lending agency, builder, contractor or other person doing or performing such work as described in DCA 3.13.100 Part 6,b shall be deemed guilty of violating this ordinance at least to the same extent or manner as the owner of the premises, or the person for whom the use is established or for whom such buildings are erected or altered, and shall be subject to the penalties herein prescribed for a violation.
      2. Compliance. The City may not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to all ordinances then in effect.
   9. Violation. Any violation of the provisions of the Wildland Urban Interface Overlay is punishable as a Class C misdemeanor upon conviction. Each person, firm or corporation found guilty of such violation shall be deemed guilty of a separate offense for every day during which any violation is committed, continued or permitted by such person, persons, firm or corporation, and shall be punished as provided in this ordinance.
   10. Nothing in this ordinance may be construed to prevent enforcement under the provisions of the current fire code as adopted by the State of Utah and the City of Alpine.
5. Warning and Disclaimer. The degree of wildfire protection required by Wildland Urban Interface Overlay is considered reasonable regulatory purposes and is based on fire safety considerations. This section does not imply that land outside the areas of Wildland Urban Interface Overlay zone or uses permitted within such areas will be free from damages from wildfires. This ordinance shall not create liability on the part of Alpine City, Utah, any officer or employee thereof, or the city’s fire agency for any wildfire damages that result from reliance an this ordinance or any administrative decision lawfully made thereunder.

(Original Ordinance No. 94-11. Amended by Ord. 2001-05. Incorporated into Sensitive Lands Ordinance by Ord. No. 2005-03, 1/25/05)

1. Statutory Authorization. The Legislature of the State of Utah has in Utah Code sections 10-3-701 and 10-8-84 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Alpine City Council does ordain as follows:
2. Findings of Fact
   1. The flood hazard areas of Alpine, Utah are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
   2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
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 to:
   1. Protect human life and health;
   2. Minimize expenditure of public money for costly flood control projects;
   3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   4. Minimize prolonged business interruptions;
   5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;
   6. Help maintain a stable tax base by providing for the second use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
   7. Insure that potential buyers are notified that property is in a flood area.
4. Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance uses the following methods:
   1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
   2. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
   3. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   4. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
   5. Control filling, grading, dredging and other development which may increase flood damage.
   6. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
5. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
   
   ALLUVIAL FAN FLOODING - means 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 - means 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 - means a designated AO, AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet 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 - is the land in the floodplain within a community subject to a one percent 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, A1-30, A99, VO, V1-30, VE or V.
   
   BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year.
   
   BASE FLOOD ELEVATION (BFE) - is the water surface elevation of the 1-percent-annual-chance flood event. It is the height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. It is also the elevation shown on the FIRM and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1-percent chance of equaling or exceeding that level in any given year.
   
   BASEMENT - means any area of the building having its floor sub-grade (below ground level) on all sides.
   
   CRITICAL FEATURE - means 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 - means any man-made change in improved and 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 - means a non-basement building (i) 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 (ii) 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 flood waters. 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 - means for the purposes 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 - means 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 community.
   
   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - Means 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 OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from:
   1. the overflow of inland or tidal waters.
   2. the unusual and rapid accumulation or runoff of surface waters from any source.
   FLOOD INSURANCE RATE MAP (FIRM) - means 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. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
   
   FLOOD INSURANCE STUDY - is 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 and Floodway Map (if applicable), the Flood Insurance Rate Map, and supporting technical data.
   
   FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding).
   
   FLOODPLAIN MANAGEMENT - means 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 - means 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.
   
   FLOOD PROTECTION SYSTEM - means 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.
   
   FLOOD PROOFING - means any combination of structural and non-structural 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.
   
   FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
   
   FUNCTIONALLY DEPENDENT USE - means 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 ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
   
   HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
   
   HISTORIC STRUCTURE - means any structure that is:
   1. 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;
   2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
   3. 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
   4. Individually listed on a local inventory or 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 - means a man-made 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 - means 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 - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or 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 requirement of Section 60.3 of the National Flood insurance Program regulations.
   
   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. The term "manufactured home" does not include a “recreational vehicle".
   
   MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
   
   MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical 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 - means, 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 improvements 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 - means 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.
   
   RECREATIONAL VEHICLE - means a vehicle which is:
   1. built on a single chassis;
   2. 400 square feet or less when measured at the largest horizontal projections;
   3. designed to be self-propelled or permanently towable by a light duty truck; and
   4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
   START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of 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 basement, footings, piers 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 occupied as dwelling units or 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 building, whether or not that alteration affects the external dimensions of the building.
   
   STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
   
   SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
   
   SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent 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:
   1. 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 to assure safe living conditions or
   2. Any alteration of a "historic structure” provided that the alteration will not preclude the structure’s continued designation as a "historic structure."
      
   VARIANCE - is a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations).
   
   VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
   
   WATER SURFACE ELEVATION - means 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.
   
   
6. General Provisions
   1. Lands to Which This Section Applies. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Alpine City, Utah.
   2. Basis for Establishing the 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 Utah County, Utah and Incorporated Areas,” dated June 19,2020, 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 to be a part of this ordinance.
   3. Establishment of Development Permit. A Development Permit shall be required to ensure conformance with the provisions of this ordinance.
   4. Compliance. No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this ordinance and other applicable regulations.
   5. Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
   6. Interpretation. In the interpretation and application of this ordinance, 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.
   7. Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance 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 ordinance 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 ordinance or any administrative decision lawfully made hereunder.
7. Administration
   1. Designation of the Floodplain Administrator. The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.
   2. Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities 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 ordinance.
      2. Review permit application to determine whether proposed building site, 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 ordinance.
      4. Review permits for proposed development to assure 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) from which prior approval is required.
      5. 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.
      6. Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Utah Division of Water Rights, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
      7. Assure that the 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 Part 6,a, 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 Part 8.
      9. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community'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 foot 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 development in ZonesA1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).
      11. Where flood way velocities are generally determined to be under five feet (5’) per second and maximum flood depth will not exceed three feet (3’), such uses as cultivated agriculture, nurseries, parks and recreation facilities and accessory parking may be permitted.
      12. Lots that contain land in the floodplain area shall contain a minimum area outside the floodplain corresponding to the underlying zone. For example, a lot in the TR-10,000 zone must have at least 10,000 sq. ft. of land above the 100-Year Recurrence Interval Flood. CR-20,000 lots in a floodplain must have at least 20,000 sq. ft. of land above 100-Year Recurrence Interval Flood. A CR-40,000 lot in a floodplain must have at least 40,000 sq. ft. of land above 100-Year Recurrence Interval Flood. Whenever 100-Year Recurrence Interval Flood data is not available, the required area as described above will be five feet above the elevation of the maximum flood of record.
   3. Permit Procedures. 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:
      1. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
      2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
      3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the flood proofing criteria of Part 8,b,ii;
      4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
      5. Maintain a record of all such information in accordance with Part 7,b,i.
         
         Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance 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 the effect 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 flood waters 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.
   4. Variance Procedures.
      1. The Alpine City Land Use Appeal Authority as established by the community shall hear and render judgment on requests for variances from the requirements of this ordinance.
      2. The Appeal Authority 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 ordinance.
      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 ordinance.
      6. 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 Part 7,c,ii have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
      7. Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Part 3).
      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 historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
      10. 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.
          2. 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.
          3. Any application 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 flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      11. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
          1. the criteria outlined in Parts 7,d,i through 7,d,ix are met, and
          2. 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.
8. Provisions for Flood Hazard Reduction
   1. General Standards. In all areas of special flood hazards 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 flood waters into the system;
      6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,
      7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
   2. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Part 6,b, (ii) Part 7,b,viii, or (iii) Part 8,c,iii, the following provisions are required:
      1. Residential Construction. - new construction and substantial improvement 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 this Part as proposed in Part 7,c,i, 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 Part. 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 or meet or exceed the following minimum criteria:
         1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
         2. The bottom of all openings shall be no higher than one foot above grade.
         3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
      4. Manufactured Homes.
         1. 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 purposes 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 anchoring requirements for resisting wind forces.
         2. Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
         3. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of the previous Part 8,b,iv,2 be elevated so that either:
            1. the lowest floor of the manufactured home is at or above the base flood elevation, or
            2. the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      5. Recreational Vehicles. - Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:
         1. be on the site for fewer than 180 consecutive days,
         2. be fully licensed and ready for highway use, or
         3. meet the permit requirements of Part 7,c,i, and the elevation and anchoring requirements for "manufactured homes" in Part 8,b,iv,2. 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.
   3. Standards for Subdivision Proposals.
      1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Parts 2 through 4.
      2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Part 6,c, Part 7,c and the provisions of Part 8.
      3. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions.18 which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Part 6,b or Part 7,b,viii.
      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.
   4. Standards for Areas of Shallow Flooding (AO/AH Zones). Located within the areas of special flood hazard established in Part 6,b, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
      1. Within zone AO all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).
      2. Within zone AO all new construction and substantial improvements of non-residential structures;
         1. have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or;
         2. 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 of effects of buoyancy.
      3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Part 7,c,i, are satisfied.
      4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
   5. Floodways. Located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
      1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
      2. If Part 6,b is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part 8.
      3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.
9. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute an infraction. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $750, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Alpine City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 1998-02; Incorporated into the Sensitive Land Ordinance by Ord. 2005-03, 01/25/05; Amended by Ord. 2016-13, 07/26/16)

1. INTENT AND PURPOSE. The purpose of the Hillside Protection Overlay Zone is to promote health, safety and the general public welfare of the residents of the City, by establishing standards for development of certain hillsides located in the City to minimize soil and slope instability, erosion, and to preserve the character of the hillsides.
   
   The Hillside Protection Overlay shall comply with DCA 4.05.040 Parts 4-9, limits to development of the Land Use Element of the Alpine City General Plan as adopted by the Alpine City Council on July 28, 1997 as follows:
   
   Development will not be permitted where any part of the zoning lot is above an elevation of 5350 feet Mean Sea Level except it is demonstrated that such development or structure complies with the following conditions in addition to all other conditions defined in the underlying zone, and additions or conditions as recommended by the Planning Commission and approved by the City Council.
   
   
2. PROVISIONS. The provisions herein are designed to accomplish the following:
   1. Encourage the location, design and development of building sites to provide maximum safety, and human enjoyment while adapting the development to the natural terrain;
   2. Provide for safe circulation of vehicular and pedestrian traffic to public and private areas minimizing the scarring and erosion effects of cutting, filling and grading related to hillside construction;
   3. Prohibit activities and uses, which would result in degradation of fragile soils and steep slopes.
   4. Encourage preservation of open space to preserve the natural terrain.
   5. Minimize flooding by protecting streams, drainage channels, absorption areas and flood plains from substantial alteration of the natural functions.
3. OVERLAY ZONE - SCOPE - CONFLICT RESOLUTION. The Hillside Protection Zone shall be an overlay zone of the zone classifications set out in the Alpine Zoning Ordinance. Any permitted use in a district overlaid by the Hillside Protection Zone is a conditional use. Conditional uses authorized in districts overlaid by the Hillside Protection Zone remain conditional uses. In case of conflict between the provisions of the existing zoning classification, building code, subdivision ordinance and/or other City ordinance and the Hillside Protection Overlay Zone, the most restrictive provision shall apply. Nothing contained herein shall be construed to expand a use, make less restrictive a use, or allow a use which is not otherwise permitted in the zoning district overlaid by the Hillside Protection Zone.
4. SPECIFIC REQUIREMENTS
   
   1. Viewscape Protection. Structure will not exceed 25' in height from lowest elevation of finished or natural grade, whichever is most restrictive, to the top of the structure nor will it be placed on any ridge line or protrude against the skyline when viewed from any major roadway in Alpine classified as collector or greater in intensity. Hillside developments will be designed to minimize visual impact and will make maximum use of hollows and draws. (See attachment A to this section for acceptable examples.) A landscaping plan designed to minimize the visual impact of any hillside structure or development shall be provided. All buildings constructed will make maximum use of neutral colors and non-reflective glass for structures. An exterior materials plan will be provided designating types of exterior materials and colors. (See attachment A for examples.)
   2. Outdoor Lighting Regulations. Outdoor lighting must be so organized and constructed so as to minimize the view of such lights more than 300' away.
      
      All street and all outdoor lighting plans must be reviewed and a recommendation given by the Planning Commission and approved by the City Council.
      
      
   3. City Services
      1. Culinary water - Development above 5350 ft. will provide all additional infrastructure required to provide adequate water and pressure. This includes piping, valves, pumps and storage tanks of appropriate size as determined by the City Engineer. The development shall provide both on-site and off-site improvements. The development shall also pay the cost of pumping water to the development.
      2. Waste disposal -Notwithstanding any provision of MCA 14.04.010 to the contrary, development will provide infrastructure to connect any structure that will generate sewage to the city sewer system, regardless of the distance from the structure to the existing system. Such infrastructure will be sized in accordance with the Alpine City Standard Specifications and
         Details.
      3. Storm drainage - Development will provide infrastructure to connect to the Alpine City drainage complex or provide other drainage satisfactory to the City Engineer and the Planning Commission.
   4. Safety. All habitable structures above 5350 feet shall meet the requirements of the Wildland Urban Interface, Flooding, and Geologic Hazard overlays contained in this, Hazard Ordinance chapter. In addition the following requirements for Recharge and Groundwater Areas and Erosion shall be met.
      1. Recharge Areas and Groundwater: The developer shall demonstrate that the proposed development will not have an adverse effect on groundwater recharge areas and local groundwater conditions.
      2. Erosion: No structure shall be located so as to cause an increase in erosion.
   5. Design Standards
      1. Development shall not be allowed within fifty (50) feet of slopes in excess of forty (40) percent, areas subject to landsliding, or other high-hazard geologic areas as determined by a soils report and/or geology report produced pursuant to the requirements of item H-5 documentation.
      2. Grading of the lot or parcel which is related to creation of the primary building site or construction of the structure shall not extend closer than twenty (20) feet from the lot or parcel boundary lines, nor more than (30) feet horizontally, in front, to the rear or to the side of the proposed structure unless a lesser distance is approved by the City Council upon recommendation of Planning Commission upon a showing by the developer that a lesser distance will not be contrary to the purposes of this section.
      3. Building sites for accessory buildings or structures such as tennis courts, swimming pools, outbuildings etc. shall be approved by the City Council upon recommendation of the Planning Commission and follow the requirement of this Section H.
   6. Documentation
      1. Plans and reports required. The following reports and plans are to be provided by the applicant. The Planning Commission may waive any reports and plans it determines are not necessary to determine whether the development meets the requirements of this section.
      2. Soils report. The soils report shall be prepared by a qualified soils engineer, and must contain at least the following information:
         1. Slope analysis;
         2. An estimate of the normal highest elevation to the seasonal high-water table;
         3. The location and size of swamps, springs and seeps, which shall be shown on the site plan, and the reasons for the occurrences of these underground water sources. An analysis of the vegetative cover or other surface information may be used by show the presence of underground water;
         4. A unified soil classification for the major horizons or layers of soil profile, or of the zone of the footing foundation;
         5. Appropriate accepted soils engineering tests to determine bearing capacity, settlement potential, and shrink/swell potential of the site soils;
         6. Potential frost action, based on the depth to the water and the Unified Soil Classification;
         7. An analysis of the soil suitabilities, constraints and proposed methods of mitigating such constraints in implementing the proposed development;
         8. An analysis of the propensity of the area to have hazards that may or may not be included in the geologic hazard maps such as landslides, rock fall, surface fault rupture, or debris flow;
         9. A written statement by the person or firm preparing the soils report, identifying the means proposed to minimize hazard to life, property, adverse effects on the safety, use or stability of a public right-of-way or drainage channel, and adverse impact on the natural environment. This statement shall be reviewed by the Planning Commission and approved by the City Engineer.
   7. Geologic Report. A geologic report shall be prepared by a licensed and qualified engineering geologist and contain:
      1. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and recommendations covering the adequacy of sites to be developed;
      2. A written statement by the person or firm preparing the geologic report identifying the means proposed to minimize hazard to life or property, adverse effects on safety, use or stability of a public right-of-way or drainage channel, and adverse impact on the natural environment.
         
         This statement shall be reviewed by the Planning Commission and approved by the City Engineer.
   8. Grading and Drainage Plan. A grading and drainage plan shall be prepared by a professional engineer registered in the state. The plan must be sufficient to determine erosion control measures necessary to prevent soil loss during construction and after project completion. The plan shall contain at least the following information:
      1. A map of the entire site, showing existing details and contours of the property and proposed contour modifications, using a minimum of ten-foot contour intervals at a scale of one inch equals one hundred (1" = 100>) feet.
      2. Map(s) of area(s) to be graded, showing existing details and contours at five-foot intervals where terrain will not be modified, and proposed details and contours of two-foot intervals where terrain modification is proposed, using a scale of one inch equals twenty (1" = 20') feet.
      3.  An investigation of the effects of the 100 year storm evaluating how the proposed drainage system will handle the predicted flows, including effects of drainage areas outside the development which drain through the subject area and the anticipated flow of the drainage leaving the development.
      4. The history, including frequency and duration of prior flooding.
      5. The location of any existing buildings or structures on the development, and any existing buildings or structures on land of adjacent owners which are within one hundred (100) feet of the property, or which are on the land of adjacent owners and may be affected by the proposed development.
      6. The direction of proposed drainage flow and the approximate grade of all streets (not to be construed as a requirement for the final street design).
      7. Proposed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and other protective devices to be constructed with or as a part of the proposed work, together with a map showing drainage areas and the proposed drainage network, including outfall lines and natural drainage ways which may be affected by the proposed project. Include the estimated runoff of the areas served by the drainage plan.
      8. A written statement by the person or firm preparing the grading and drainage plan identifying any grading and drainage problems in the development and further stating an opinion as to the ability of the proposed plan to mitigate or eliminate such problems so as to prevent hazard to life or property; adverse effects on the safety, use or stability of a public way or drainage channel; and adverse impact on the natural environment.
         
         This statement must be accepted and approved by the Planning Commission and the City Engineer.
         
         
      9. A plan for the prevention and control of erosion during the course of construction approved by the City Engineer.
   9. Fire Protection Report. A fire protection report including but not limited to identification of potential fire hazards, mitigation measures approved by the Alpine/Highland Public Safety District Fire Chief, access for fire protection equipment, and existing and proposed fire flow capacity. The fire protection report shall address, as appropriate, the State Forester’s Wildlife Hazards and Residential Development Identification Classification and Regulation Report. This report must be accepted and approved by the Alpine/Highland Public Safety District Fire Chief and the City Engineer.
   10. Vegetation Plan. The vegetation plan and report shall be prepared by a person or firm qualified by training and experience to have expert knowledge of the subject and shall include at least the following:
       1. A survey of existing trees, large shrubs, and ground covers
       2. A plan of the proposed revegetation of the site, detailing existing vegetation to be preserved, new vegetation to be planted, and any modifications to existing vegetation
       3. A plan for the preservation of existing vegetation during construction activity
       4. A vegetation maintenance program, including initial and continuing maintenance necessary
       5. A written statement by the person or firm preparing the vegetation plan and report, identifying any vegetation problems, and further stating an opinion as to the ability of the proposed plan to mitigate or eliminate such problems as to prevent hazard to life or property; adverse effects on the safety, use and stability of a public way or drainage channel; and adverse impact on the natural environment.
          
          This statement must be accepted and approved by the City engineer.
          
   11. Other Report and Plans. Other reports and plans as deemed necessary by the Planning Commission. The Planning Commission may require second source verification.

(Original Ordinance No. 98-10. Incorporated into the Sensitive Land Ordinance by Ordinance No. 2005-03, 1/25/05)

The hazards ordinance codified in this chapter and geologic, urban/wildlife, flood, and hillside hazard overlay zone represent only those hazardous areas know to the City, and should not be construed to include all possible potential hazard areas. The hazards ordinance and the applicable overlay zone may be amended as new information becomes available. The provisions of the chapter do not in any way assure or imply that areas outside its boundaries will be free from the possible adverse effects of hazards. This chapter shall not create liability on the part of Alpine City, any officer or employee thereof for any damages from hazards that result from reliance on this chapter or any administrative requirement or decision.

(Original Ordinance No. 2002-01. Amended by Ordinance 2005-03, 1/25/05)