Mount Pleasant City Zoning Code
10.32 Flood
Damage Prevention
10.32.010.1 STATUTORY AUTHORITY.
The legislature of the state has, in Utah Code Annotated Title 10, 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 city council does ordain as set out in this chapter.
10.32.010.2 FINDINGS OF FACT.
A. The flood hazard areas of the city 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, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard, which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
10.32.010.3 PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
10.32.010.4 METHODS OF REDUCING FLOOD LOSS.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging and other development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
10.32.010.5 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
DEVELOPMENT: Any manmade 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 INSURANCE RATE MAP (FIRM): The latest official map of a community on which the federal emergency management agency has delineated areas of special flood hazard designated as zone A.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.
STRUCTURE: A walled and roofed building or manufactured home that is principally aboveground.
SUBSTANTIAL IMPROVEMENT:
A. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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.
B. For the purpose of this 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. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the national register of historic places or a state inventory of historic places.
10.32.010.6 APPLICABILITY TO LAND AREAS.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city.
10.32.010.7 FLOOD INSURANCE RATE MAP ADOPTED BY REFERENCE.
The areas of special flood hazard identified by the federal emergency management agency in its flood insurance rate map (FIRM) dated May 2, 2012, and all future updates is adopted by reference and declared to be part of this title. The FIRM is on file at 115 West Main, Mount Pleasant, Utah.
10.32.010.8 FUTURE CONSTRUCTION MUST BE IN COMPLIANCE.
No structure or land shall hereafter be constructed, located, extended or altered without full compliance with the terms of this chapter and other applicable regulations.
10.32.010.9 CONFLICTING LAWS; RESOLUTION.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions; however, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
10.32.010.10 INTERPRETATION.
In the interpretation of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
10.32.010.11 LIABILITY DISCLAIMER.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas of special flood hazard will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the federal emergency management agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
10.32.020.1 DEVELOPMENT PERMIT.
A. Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in MPMC 10.32.010.6. Application for a development permit shall be made on forms furnished by the building inspector, and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing.
B. Information Required: Specifically, the following information is required:
1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in MPMC 10.32.030.2B; and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
10.32.020.2 ADMINISTRATION BY BUILDING INSPECTOR.
A. Appointment: The building inspector is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
B. Powers And Duties: Duties of the building inspector shall include, but not be limited to:
1. Permit Review:
a. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
b. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;
c. Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this chapter, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas:
i. If it is determined that there is no adverse effect and the development is not a building, then the permit shall be granted without further consideration;
ii. If it is determined that there is an adverse effect, then technical justification (i.e., a registered professional engineer’s certification) for the proposed development shall be required;
iii. If the proposed development is a building, then the provisions of this chapter shall apply.
2. Use Of Other Base Flood Data: When base flood elevation data has not been provided in accordance with MPMC 10.32.010.7, the building inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source as criteria for requiring that new construction, substantial improvements, or other development in zone A are administered in accordance with MPMC 10.32.030.2.
3. Information To Be Obtained And Maintained:
a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
b. For all new or substantially improved floodproofed structures:
i. Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed;
ii. Maintain the floodproofing certifications required in MPMC10.32.020.1B3.
c. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Alteration Of Watercourses:
a. Notify adjacent communities and the state division of comprehensive emergency management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.
b. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
5. Interpretation Of FIRM Boundaries: Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).
10.32.030.1 GENERAL STANDARDS.
In all areas of special flood hazard, the standards in this section are required.
A. Anchoring:
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads.
2. All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and be capable of resisting the hydrostatic and hydrodynamic loads. 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.
3. Specific requirements may be:
a. Over the top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty feet (50') long requiring one additional tie per side;
b. Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty feet (50') long requiring four (4) additional ties per side;
c. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
d. Any additions to the manufactured home be similarly anchored.
B. 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. All new construction and 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.
C. Utilities:
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
3. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D. Subdivision Requirements:
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.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
4. Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less).
E. Encroachments: Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited in any floodway as designated on the FIRM unless a technical evaluation by a certified engineer demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.
F. Manufactured Homes/Parks:
1. All proposals or applications for manufactured home parks with more than fifty (50) lots or five (5) acres shall include within the proposal base flood elevation data.
2. All newly placed manufactured homes outside of a park, new manufactured home parks, expansion of existing parks, or areas of a park that are being repaired from flood damage must be elevated on a permanent foundation so that the lowest floor is elevated above the base flood elevation, and be securely anchored and constructed to avoid collapse, flotation, or lateral movement from flooding. Manufactured homes to be placed or substantially improved in an existing park that is not built on an elevated foundation as described above must have the lowest floor at or above the base flood elevation, or the chassis is supported by reinforced piers or equivalents that are no less than thirty six inches (36") in height above grade and are anchored to a foundation adequate to resist flotation, collapse, and lateral movement.
10.32.030.2 SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in MPMC 10.32.020.2B2, the standards in this section are required.
A. All Construction: All new construction and substantial improvements are: 1) designed and anchored to prevent flotation, collapse, or lateral movement of the structure from flooding, including buoyancy, 2) constructed with materials resistant to flood damage, constructed with techniques that minimize flood damage, constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other services that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
1. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation.
2. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certifications shall be provided to the official as set forth in MPMC 10.32.020.2B3b.
d. All 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: A minimum of two (2) 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. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
10.32.030.3 RECREATIONAL VEHICLES.
"Recreational vehicle" means a vehicle which is: a) built on a single chassis; b) four hundred (400) square feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Recreational vehicles placed on sites within the flood zone either: a) be on the site for fewer than one hundred eighty (180) consecutive days, b) be fully licensed and ready for highway use, or c) go through the process of applying for a planning zoning permit and be elevated on a permanent foundation such that the lowest floor of the recreational vehicle 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. 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.