Mud Bay City Zoning Code
18.120 Flood
Plain Regulations
18.120.010 Purpose.
A. The purpose of this chapter is to adopt the regulations of the Federal Emergency Management Agency to enable the residents of the Haines Borough to participate in the National Flood Insurance Program. The Haines Borough recognizes that areas within its boundaries are periodically subject to inundation which may result 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 bases, all of which adversely affects the public health, safety and general welfare.
Because portions of the Haines Borough have been designated as flood prone pursuant to Section 201 of the Federal Flood Disaster Protection Act of 1973, said portions of the borough being shown on the “City of Haines Flood Hazard Boundary Map” dated August 22, 1975, the borough is required to join the National Flood Insurance Program in order to make flood insurance and federal financial assistance available to the residents within the flood hazard areas. The community was converted to the Regular Program of the National Flood Insurance Program, effective May 1, 1987. This action converted the flood hazard boundary map (FHBM) to a flood insurance rate map (FIRM).
B. The further purpose of this chapter is to promote the public health, safety and general welfare, to minimize those losses described in subsection (A) of this section and to meet the requirements for participation in the National Flood Insurance Program. To accomplish this purpose, it is the intent of this chapter to:
1. Amend the zoning permit system in the Haines Borough to specifically provide for permits within flood hazard areas; require permits for all proposed construction and other developments including the placement of manufactured homes, within zone A on the FHBM;
2. Require that land uses vulnerable to floods, including public facilities and utilities which serve such uses, shall be protected against flood damages at the time of initial construction or substantial improvement;
3. Restrict or prohibit land uses which are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocity;
4. Ensure that subdivision and development of land within the borough are consistent with the need to minimize flood hazards. (Ord. 04-08-075)
18.120.020 Definitions.
For the purposes of this chapter, the following terms are hereby defined:
“Accessory structures” means low cost buildings such as detached garages, boathouses, small pole barns and storage sheds, not to be used for human habitation, shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters; shall be anchored to prevent flotation.
“Critical facility” is a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce use or store hazardous materials or hazardous waste.
“Coastal high hazard area” means the area subject to high velocity waters due to wind, tidal action, storm, tsunami or any similar force, acting singly or in any combination resulting in a wave or series of waves of sufficient magnitude, velocity or frequency to endanger property and lives.
“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operations or storage of equipment or materials located with the area of special flood hazard.
“Elevated building” means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings and columns.
“Federal Insurance Administration (FIA)” means the federal division responsible for administration of the National Flood Insurance Program.
“Flood hazard area” includes all the area within the corporate limits subject to the 100-year flood as delineated on the flood hazard boundary map or the flood insurance rate map for the borough published by the Federal Insurance Administration; flood hazard area includes the coastal high hazard area where applicable.
“Flood hazard boundary map (FHBM)” means the map of the municipality issued by the Federal Insurance Administration which delineates the area subject to the 100-year flood. This area is identified as the “special flood hazard area” on the map.
“Flood insurance rate map (FIRM)” means the map of the municipality issued by the Federal Insurance Administration which delineates the area subject to the 100-year flood, the water surface elevation of the 100-year flood and the flood insurance rate zones.
“Flood-related erosion” means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
“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 attached 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.
“New construction” means structures for which the “start of construction” commenced on or after the effective date of this chapter.
“One-hundred-year flood” means a flood of magnitude which can be expected to occur on the average of once every 100 years. (It is possible for this size flood to occur during any year. The odds are one to 100 that this size flood will occur during a given year; there is a one percent chance that a flood will occur each year. Statistical analysis of available streamflow or coastal storm records, or analysis of rainfall and runoff characteristics of the watershed, or coastal topography and storm characteristics are used to determine the extent and depth of the 100-year flood.)
“Recreational vehicle” means a vehicle, which is:
1. built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Regulatory flood” is the 100-year flood. For the purpose of this chapter, enacted in 1979, and until more detailed information is available to prove otherwise, the water surface elevation of the regulatory flood in the coastal area of Portage Cove shall be defined as 25 feet above mean lower low water (M.L.L.W.) as shown on the “Flood Plain and Flood Hazards Map” dated June 1989. For those areas along the Chilkat River, the regulatory flood shall be delineated on the flood hazard boundary map.
“Repetitive loss” means flood-related damages sustained by a structure on two separated occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before damage occurred.
“Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“Substantially improved” means any remodeling, repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the fair market value of the property either (1) as such value exists before the improvement is started or (2) if the property has been damaged and is being restored, such value existed before the damage occurred.
“Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations such as docking, seafood processing and port facilities associated with marine activities. (Ord. 04-08-075)
18.120.030 Protection against flood damage.
A. Within flood hazard areas, as identified on the community’s flood hazard boundary map, no land use building permit shall be approved by the planning commission or borough assembly unless all of the following requirements are satisfied:
1. Any new or substantially improved structure shall be designated (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.
2. Construction materials and utility equipment that are resistant to flood damage and construction practices and methods that will minimize flood damages shall be utilized.
3. Construction or substantial improvement shall not be permitted unless the applicant demonstrates that any associated new or replacement water supply system and sanitary sewage system, including on-site systems, will be designed and constructed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. All systems shall be flood resistant or flood proofed to at least an elevation of 25 feet above mean lower low water (M.L.L.W.) as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
4. 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.
5. The lowest level, including basement, of any new residential construction and/or of residential structures undergoing significant alteration or renovation shall be elevated to a minimum of 25 feet above mean lower low water as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
6. The lowest floor of new construction and substantial improvements of nonresidential structures shall be elevated a minimum of 25 feet above mean lower low water or, together with attendant utility and sanitary facilities, shall be flood resistant or flood proofed to 25 feet above mean lower low water as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
7. Mobile homes shall have ground anchors for tie-downs required in accordance with standards determined by the Federal Insurance Administration. Specific requirements shall be that (a) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (b) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (c) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (d) any additions to the home be similarly anchored. The fact that the home is being located in a flood plain area having special hazards shall be disclosed to the mobile home and/or purchaser or lessee in the purchase contract, deed or lease.
B. Pursuant to subsection (A) of this section, the planning commission or assembly shall, at its discretion, require flood damage control measures such as the following:
1. Installation of watertight doors, bulkheads, and shutters, or similar methods of closure.
2. Reinforcement of walls to resist water pressures.
3. Use of paints, membranes, or mortars to reduce seepage of water through walls.
4. Installation of pumps or comparable facilities for subsurface drainage systems to relieve external foundation wall and basement flood pressures and water levels inside the structure.
5. Location and installation of all electrical equipment, circuits, appliances and heating systems so that they are protected from inundation by the floodwaters.
6. Location of storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare; or design of such facilities to prevent flotation of storage containers which could result in the escape of toxic materials into flood waters.
7. Use of materials such as sheathing, siding, subflooring and underlayment that are not subject to water damage due to prolonged submersion.
8. Use of closed cell insulation to prevent waterlogging and consequent loss of insulation ability.
9. Oil storage tanks located outside the structure and anchored to prevent disturbance by flood water. Tanks should be placed upon and secured to a concrete slab of sufficient mass to prevent flotation. In the calculation of required anchorage, little recognition should be given to shear or friction values of the soils as they will be substantially reduced due to saturation. Both fill and vent pipes should extend above the expected high water level.
10. Installation of a backwater valve in sewer lines in an accessible location immediately adjacent to the exterior foundation wall. (Ord. 04-08-075)
18.120.040 Subdivision and utility regulations.
A. The platting board shall deny permission to subdivide land within flood hazard areas unless the following requirements have been fulfilled:
1. Require that all new subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivision) greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data.
2. Obtain, review and reasonably utilize any base flood elevation from a federal, state or other source, as criteria for requiring that new construction, substantial improvements or other development in zone A on the FHBM.
3. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
4. Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alterations or relocated portions of any watercourse is maintained.
5. The land subdivision and associated development are consistent with the need to minimize flood damages.
6. All public utilities and facilities such as sewer, gas, electrical and water systems shall be located, elevated or constructed to minimize or eliminate flood damage.
7. Adequate drainage shall be provided to reduce the exposure of structures, utilities and facilities to flood hazards.
8. Evidence has been submitted that all necessary permits required by state or federal law have been applied for and granted. At a minimum, this includes the Alaska Department of Fish and Game, the Alaska Department of Natural Resources and the U.S. Army Corps of Engineers, Alaska District.
9. The preliminary and final plat shall include the ground elevation and the regulatory flood elevation, if available, at convenient reference points.
10. The flood hazard area, if identified, shall be labeled “flood hazard area” on preliminary and final plats. The fact that a lot is in the flood hazard area shall be disclosed in any contract to purchase, rent or lease the lot.
B. All new or replacement water supply systems and sanitary sewage systems, including on-site systems, shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
C. All new or replacement public utilities such as gas, electric and telephone systems shall be designed or constructed to eliminate disruptions due to flooding and associated hazards.
D. In determining if the requirements of this section are fulfilled, the platting board shall consider the intent of this chapter and at least:
1. The danger of life and property due to the increased flood heights or velocities caused by subdivision fill, roads, structures and intended uses.
2. The danger that structures may be swept onto other lands or downstream to the injury of others.
3. The adequacy of proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
5. The requirements of the subdivision for a waterfront location.
6. The availability of alternative locations not subject to flooding for the proposed subdivision and land uses.
7. The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future.
8. The relationship of the proposed subdivision to the flood plain management program for the area.
9. The safety of access to the property for emergency vehicles in times of flood.
10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
12. The installation of valves or controls on sanitary and storm drains which permit the drains to be closed to prevent backup of sewage and storm waters into buildings or structures. (Ord. 04-08-075)
18.120.060 Zoning permits for uses in flood hazard areas.
A. In addition to the land use permit as provided in HBC 18.30.010, applicants for a land use building permit for structures and land uses within a flood hazard area shall file a “NFIP Form” which shall be furnished by and submitted to the borough clerk.
B. The information to be supplied on the “NFIP Form” shall include, but is not limited to:
1. The elevation of the lowest floor including basement, if any, with respect to mean lower low water (M.L.L.W.) as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
2. The elevation of the regulatory flood.
3. Information which demonstrates that the structure will be adequately protected against flood damage and that the structure or site preparation will not adversely affect flood elevations or velocities. Required protective measures are set forth in HBC 18.120.030.
4. A list of state and federal permits to be secured before the start of construction. At a minimum this includes those from the Alaska Department of Natural Resources, the U.S. Army Corps of Engineers, Alaska District and the Alaska Department of Fish and Game. (Ord. 04-08-075)
18.120.070 Variances for uses within flood hazard areas.
A. Variances from the requirements of this chapter may be granted by the commission according to the provisions of HBC 18.80.050. In addition, the following provisions also apply.
B. In order for a variance to be granted, the following conditions must be met:
1. 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.
2. A determination that the variance, while affording relief, will authorize the minimum possible departure from the provisions of this chapter.
C. Variances may be issued for substantial improvements to of one-half acre or less in and surrounded by lots with constructed below the level new construction and be erected on a lot size contiguous to existing structures of the regulatory flood.
D. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the regulatory flood discharge would result.
E. The planning commission shall notify the applicant in writing over the signature of the chairman that:
1. The issuance of a variance to construct a structure below the regulatory flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage.
2. Such construction below the regulatory flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in this section.
F. The borough clerk shall:
1. Maintain a record of all variance actions, including justification for their issuance.
2. Report such variances issued in the borough’s annual report submitted to FIA.
G. Variances may be issued by the planning commission for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places, without regard to the procedures set forth in this section. (Ord. 04-08-075)
18.120.080 Implementation.
A. Permits issued pursuant to this chapter shall conform to all ordinances or regulations as are from time to time established or amended; however, the provisions of this chapter shall control in the event of any conflict unless specifically stated otherwise or unless the conflicting ordinance is more restrictive.
B. The borough clerk shall be responsible for maintaining for public use and inspection appropriate records and information relevant to implementation of this chapter. Such records and information shall include but not be limited to:
1. The elevation of the lowest floor of all new or substantially improved structures located in the flood hazard area, and whether or not such structures have basements. Said elevation shall be stated in relation to mean lower low water as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
2. Elevations to which structures are flood proofed or made flood resistant.
3. Flood hazard boundary map of Haines Borough dated August 22, 1975.
4. “Flood Plain and Flood Hazards Map” dated June 1989.
5. Flood insurance rate maps.
6. Any reports or studies on flood hazards in the community, such as written by the Corps of Engineers, United States Geological Survey, or private firms.
7. A copy of the National Flood Insurance Program annual report to the Federal Insurance Administration.
8. A file of all zoning permit applications, supporting documentation, and the commission’s action thereon.
C. The borough shall file with the Federal Insurance Administration an annual report on forms provided by the Federal Insurance Administration. This annual report shall be verified and signed by the mayor. A copy of the annual report shall be retained by the borough and one copy shall be sent to the State Coordinating Agency.
D. In case any structure is constructed or substantially improved in violation of this chapter, the borough, in addition to other remedies, shall institute any proper actions or proceedings necessary, including enjoining of connections to public utilities, to restrain, correct or abate such violations.
E. The borough is hereby authorized to enter into contracts and agreements with other government entities for the purpose of implementing the provisions of this chapter.
F. The borough must notify the State Coordinating Agency and the Federal Insurance Administration prior to altering or relocating any watercourse. Any such alteration or relocation must maintain the flood carrying capacity of the watercourse.
G. Prior to enactment of any changes in this chapter due to changes in the flood hazard area as a result of natural or manmade causes, such changes shall be reviewed by the State Coordinating Agency and approved by the Federal Insurance Administration.
H. The borough must notify the Federal Insurance Administration of any changes in the borough’s boundaries or authority to regulate land uses.
I. Nothing in this chapter shall be construed as applying to any structures existing prior to the effective date of the ordinance codified in this chapter, unless they are substantially improved after the effective date. (Ord. 04-08-075)
18.120.090 Disclaimer of liability.
The grant of a land use permit or approval of a subdivision plan in the flood hazard area shall not constitute a representation, guarantee or warranty of any kind by the borough or any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the borough, its officials or employees. (Ord. 04-08-075)
18.120.010 Purpose.
A. The purpose of this chapter is to adopt the regulations of the Federal Emergency Management Agency to enable the residents of the Haines Borough to participate in the National Flood Insurance Program. The Haines Borough recognizes that areas within its boundaries are periodically subject to inundation which may result 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 bases, all of which adversely affects the public health, safety and general welfare.
Because portions of the Haines Borough have been designated as flood prone pursuant to Section 201 of the Federal Flood Disaster Protection Act of 1973, said portions of the borough being shown on the “City of Haines Flood Hazard Boundary Map” dated August 22, 1975, the borough is required to join the National Flood Insurance Program in order to make flood insurance and federal financial assistance available to the residents within the flood hazard areas. The community was converted to the Regular Program of the National Flood Insurance Program, effective May 1, 1987. This action converted the flood hazard boundary map (FHBM) to a flood insurance rate map (FIRM).
B. The further purpose of this chapter is to promote the public health, safety and general welfare, to minimize those losses described in subsection (A) of this section and to meet the requirements for participation in the National Flood Insurance Program. To accomplish this purpose, it is the intent of this chapter to:
1. Amend the zoning permit system in the Haines Borough to specifically provide for permits within flood hazard areas; require permits for all proposed construction and other developments including the placement of manufactured homes, within zone A on the FHBM;
2. Require that land uses vulnerable to floods, including public facilities and utilities which serve such uses, shall be protected against flood damages at the time of initial construction or substantial improvement;
3. Restrict or prohibit land uses which are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocity;
4. Ensure that subdivision and development of land within the borough are consistent with the need to minimize flood hazards. (Ord. 04-08-075)
18.120.020 Definitions.
For the purposes of this chapter, the following terms are hereby defined:
“Accessory structures” means low cost buildings such as detached garages, boathouses, small pole barns and storage sheds, not to be used for human habitation, shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters; shall be anchored to prevent flotation.
“Critical facility” is a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce use or store hazardous materials or hazardous waste.
“Coastal high hazard area” means the area subject to high velocity waters due to wind, tidal action, storm, tsunami or any similar force, acting singly or in any combination resulting in a wave or series of waves of sufficient magnitude, velocity or frequency to endanger property and lives.
“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operations or storage of equipment or materials located with the area of special flood hazard.
“Elevated building” means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings and columns.
“Federal Insurance Administration (FIA)” means the federal division responsible for administration of the National Flood Insurance Program.
“Flood hazard area” includes all the area within the corporate limits subject to the 100-year flood as delineated on the flood hazard boundary map or the flood insurance rate map for the borough published by the Federal Insurance Administration; flood hazard area includes the coastal high hazard area where applicable.
“Flood hazard boundary map (FHBM)” means the map of the municipality issued by the Federal Insurance Administration which delineates the area subject to the 100-year flood. This area is identified as the “special flood hazard area” on the map.
“Flood insurance rate map (FIRM)” means the map of the municipality issued by the Federal Insurance Administration which delineates the area subject to the 100-year flood, the water surface elevation of the 100-year flood and the flood insurance rate zones.
“Flood-related erosion” means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
“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 attached 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.
“New construction” means structures for which the “start of construction” commenced on or after the effective date of this chapter.
“One-hundred-year flood” means a flood of magnitude which can be expected to occur on the average of once every 100 years. (It is possible for this size flood to occur during any year. The odds are one to 100 that this size flood will occur during a given year; there is a one percent chance that a flood will occur each year. Statistical analysis of available streamflow or coastal storm records, or analysis of rainfall and runoff characteristics of the watershed, or coastal topography and storm characteristics are used to determine the extent and depth of the 100-year flood.)
“Recreational vehicle” means a vehicle, which is:
1. built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Regulatory flood” is the 100-year flood. For the purpose of this chapter, enacted in 1979, and until more detailed information is available to prove otherwise, the water surface elevation of the regulatory flood in the coastal area of Portage Cove shall be defined as 25 feet above mean lower low water (M.L.L.W.) as shown on the “Flood Plain and Flood Hazards Map” dated June 1989. For those areas along the Chilkat River, the regulatory flood shall be delineated on the flood hazard boundary map.
“Repetitive loss” means flood-related damages sustained by a structure on two separated occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before damage occurred.
“Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“Substantially improved” means any remodeling, repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the fair market value of the property either (1) as such value exists before the improvement is started or (2) if the property has been damaged and is being restored, such value existed before the damage occurred.
“Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations such as docking, seafood processing and port facilities associated with marine activities. (Ord. 04-08-075)
18.120.030 Protection against flood damage.
A. Within flood hazard areas, as identified on the community’s flood hazard boundary map, no land use building permit shall be approved by the planning commission or borough assembly unless all of the following requirements are satisfied:
1. Any new or substantially improved structure shall be designated (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.
2. Construction materials and utility equipment that are resistant to flood damage and construction practices and methods that will minimize flood damages shall be utilized.
3. Construction or substantial improvement shall not be permitted unless the applicant demonstrates that any associated new or replacement water supply system and sanitary sewage system, including on-site systems, will be designed and constructed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. All systems shall be flood resistant or flood proofed to at least an elevation of 25 feet above mean lower low water (M.L.L.W.) as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
4. 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.
5. The lowest level, including basement, of any new residential construction and/or of residential structures undergoing significant alteration or renovation shall be elevated to a minimum of 25 feet above mean lower low water as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
6. The lowest floor of new construction and substantial improvements of nonresidential structures shall be elevated a minimum of 25 feet above mean lower low water or, together with attendant utility and sanitary facilities, shall be flood resistant or flood proofed to 25 feet above mean lower low water as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
7. Mobile homes shall have ground anchors for tie-downs required in accordance with standards determined by the Federal Insurance Administration. Specific requirements shall be that (a) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (b) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (c) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (d) any additions to the home be similarly anchored. The fact that the home is being located in a flood plain area having special hazards shall be disclosed to the mobile home and/or purchaser or lessee in the purchase contract, deed or lease.
B. Pursuant to subsection (A) of this section, the planning commission or assembly shall, at its discretion, require flood damage control measures such as the following:
1. Installation of watertight doors, bulkheads, and shutters, or similar methods of closure.
2. Reinforcement of walls to resist water pressures.
3. Use of paints, membranes, or mortars to reduce seepage of water through walls.
4. Installation of pumps or comparable facilities for subsurface drainage systems to relieve external foundation wall and basement flood pressures and water levels inside the structure.
5. Location and installation of all electrical equipment, circuits, appliances and heating systems so that they are protected from inundation by the floodwaters.
6. Location of storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare; or design of such facilities to prevent flotation of storage containers which could result in the escape of toxic materials into flood waters.
7. Use of materials such as sheathing, siding, subflooring and underlayment that are not subject to water damage due to prolonged submersion.
8. Use of closed cell insulation to prevent waterlogging and consequent loss of insulation ability.
9. Oil storage tanks located outside the structure and anchored to prevent disturbance by flood water. Tanks should be placed upon and secured to a concrete slab of sufficient mass to prevent flotation. In the calculation of required anchorage, little recognition should be given to shear or friction values of the soils as they will be substantially reduced due to saturation. Both fill and vent pipes should extend above the expected high water level.
10. Installation of a backwater valve in sewer lines in an accessible location immediately adjacent to the exterior foundation wall. (Ord. 04-08-075)
18.120.040 Subdivision and utility regulations.
A. The platting board shall deny permission to subdivide land within flood hazard areas unless the following requirements have been fulfilled:
1. Require that all new subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivision) greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data.
2. Obtain, review and reasonably utilize any base flood elevation from a federal, state or other source, as criteria for requiring that new construction, substantial improvements or other development in zone A on the FHBM.
3. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
4. Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alterations or relocated portions of any watercourse is maintained.
5. The land subdivision and associated development are consistent with the need to minimize flood damages.
6. All public utilities and facilities such as sewer, gas, electrical and water systems shall be located, elevated or constructed to minimize or eliminate flood damage.
7. Adequate drainage shall be provided to reduce the exposure of structures, utilities and facilities to flood hazards.
8. Evidence has been submitted that all necessary permits required by state or federal law have been applied for and granted. At a minimum, this includes the Alaska Department of Fish and Game, the Alaska Department of Natural Resources and the U.S. Army Corps of Engineers, Alaska District.
9. The preliminary and final plat shall include the ground elevation and the regulatory flood elevation, if available, at convenient reference points.
10. The flood hazard area, if identified, shall be labeled “flood hazard area” on preliminary and final plats. The fact that a lot is in the flood hazard area shall be disclosed in any contract to purchase, rent or lease the lot.
B. All new or replacement water supply systems and sanitary sewage systems, including on-site systems, shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
C. All new or replacement public utilities such as gas, electric and telephone systems shall be designed or constructed to eliminate disruptions due to flooding and associated hazards.
D. In determining if the requirements of this section are fulfilled, the platting board shall consider the intent of this chapter and at least:
1. The danger of life and property due to the increased flood heights or velocities caused by subdivision fill, roads, structures and intended uses.
2. The danger that structures may be swept onto other lands or downstream to the injury of others.
3. The adequacy of proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
5. The requirements of the subdivision for a waterfront location.
6. The availability of alternative locations not subject to flooding for the proposed subdivision and land uses.
7. The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future.
8. The relationship of the proposed subdivision to the flood plain management program for the area.
9. The safety of access to the property for emergency vehicles in times of flood.
10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
12. The installation of valves or controls on sanitary and storm drains which permit the drains to be closed to prevent backup of sewage and storm waters into buildings or structures. (Ord. 04-08-075)
18.120.060 Zoning permits for uses in flood hazard areas.
A. In addition to the land use permit as provided in HBC 18.30.010, applicants for a land use building permit for structures and land uses within a flood hazard area shall file a “NFIP Form” which shall be furnished by and submitted to the borough clerk.
B. The information to be supplied on the “NFIP Form” shall include, but is not limited to:
1. The elevation of the lowest floor including basement, if any, with respect to mean lower low water (M.L.L.W.) as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
2. The elevation of the regulatory flood.
3. Information which demonstrates that the structure will be adequately protected against flood damage and that the structure or site preparation will not adversely affect flood elevations or velocities. Required protective measures are set forth in HBC 18.120.030.
4. A list of state and federal permits to be secured before the start of construction. At a minimum this includes those from the Alaska Department of Natural Resources, the U.S. Army Corps of Engineers, Alaska District and the Alaska Department of Fish and Game. (Ord. 04-08-075)
18.120.070 Variances for uses within flood hazard areas.
A. Variances from the requirements of this chapter may be granted by the commission according to the provisions of HBC 18.80.050. In addition, the following provisions also apply.
B. In order for a variance to be granted, the following conditions must be met:
1. 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.
2. A determination that the variance, while affording relief, will authorize the minimum possible departure from the provisions of this chapter.
C. Variances may be issued for substantial improvements to of one-half acre or less in and surrounded by lots with constructed below the level new construction and be erected on a lot size contiguous to existing structures of the regulatory flood.
D. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the regulatory flood discharge would result.
E. The planning commission shall notify the applicant in writing over the signature of the chairman that:
1. The issuance of a variance to construct a structure below the regulatory flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage.
2. Such construction below the regulatory flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in this section.
F. The borough clerk shall:
1. Maintain a record of all variance actions, including justification for their issuance.
2. Report such variances issued in the borough’s annual report submitted to FIA.
G. Variances may be issued by the planning commission for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places, without regard to the procedures set forth in this section. (Ord. 04-08-075)
18.120.080 Implementation.
A. Permits issued pursuant to this chapter shall conform to all ordinances or regulations as are from time to time established or amended; however, the provisions of this chapter shall control in the event of any conflict unless specifically stated otherwise or unless the conflicting ordinance is more restrictive.
B. The borough clerk shall be responsible for maintaining for public use and inspection appropriate records and information relevant to implementation of this chapter. Such records and information shall include but not be limited to:
1. The elevation of the lowest floor of all new or substantially improved structures located in the flood hazard area, and whether or not such structures have basements. Said elevation shall be stated in relation to mean lower low water as shown on the “Flood Plain and Flood Hazards Map” dated June 1989.
2. Elevations to which structures are flood proofed or made flood resistant.
3. Flood hazard boundary map of Haines Borough dated August 22, 1975.
4. “Flood Plain and Flood Hazards Map” dated June 1989.
5. Flood insurance rate maps.
6. Any reports or studies on flood hazards in the community, such as written by the Corps of Engineers, United States Geological Survey, or private firms.
7. A copy of the National Flood Insurance Program annual report to the Federal Insurance Administration.
8. A file of all zoning permit applications, supporting documentation, and the commission’s action thereon.
C. The borough shall file with the Federal Insurance Administration an annual report on forms provided by the Federal Insurance Administration. This annual report shall be verified and signed by the mayor. A copy of the annual report shall be retained by the borough and one copy shall be sent to the State Coordinating Agency.
D. In case any structure is constructed or substantially improved in violation of this chapter, the borough, in addition to other remedies, shall institute any proper actions or proceedings necessary, including enjoining of connections to public utilities, to restrain, correct or abate such violations.
E. The borough is hereby authorized to enter into contracts and agreements with other government entities for the purpose of implementing the provisions of this chapter.
F. The borough must notify the State Coordinating Agency and the Federal Insurance Administration prior to altering or relocating any watercourse. Any such alteration or relocation must maintain the flood carrying capacity of the watercourse.
G. Prior to enactment of any changes in this chapter due to changes in the flood hazard area as a result of natural or manmade causes, such changes shall be reviewed by the State Coordinating Agency and approved by the Federal Insurance Administration.
H. The borough must notify the Federal Insurance Administration of any changes in the borough’s boundaries or authority to regulate land uses.
I. Nothing in this chapter shall be construed as applying to any structures existing prior to the effective date of the ordinance codified in this chapter, unless they are substantially improved after the effective date. (Ord. 04-08-075)
18.120.090 Disclaimer of liability.
The grant of a land use permit or approval of a subdivision plan in the flood hazard area shall not constitute a representation, guarantee or warranty of any kind by the borough or any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the borough, its officials or employees. (Ord. 04-08-075)