The purpose of this chapter is to regulate development in sensitive areas in order to preserve the city of Plain City's unique visual character, conserve the public health, safety, and general welfare, and promote environmentally sound design and planning. In order to ensure the preservation of the land in flood areas, the regulations of this section are established to recognize that development of land in flood areas involves special considerations and unique situations which result from the topography of the land. These special considerations and unique situations include, but are not limited to, increased hazards to development from stormwater runoff and potential flood areas. In addition, steeply sloped land presents design limitations to roadways, cuts and fills, and buildings, and difficulties in providing public services.

   A.   With the enactment of this chapter, the city council of Plain City intends to:

      1.   Protect life and property from all potentially hazardous conditions particular to stormwater runoff, and potential flood areas;

      2.   Preserve and enhance the scenic and environmental resources of the landscape by encouraging the maximum retention of prominent natural topographic features, such as drainage swales, streams, slopes/bluffs, vistas, natural plant formations, and trees;

      3.   Encourage innovative site and architectural design and planning in order that the development adapts to the natural terrain and is harmonious with the character of the area;

      4.   Minimize grading and cut and fill operations consistent with the retention of the natural character of the land;

      5.   Minimize stormwater runoff and erosion problems incurred by the development on and off the site;

      6.   Preserve, where possible, natural streams, ponds and associated riparian vegetation;

      7.   Require the retention of trees and other vegetation which stabilizes and retains moisture, prevents erosion, and enhances the natural scenic beauty and to require additional landscaping where it is necessary;

      8.   Encourage the retention of trees and other vegetation throughout the site instead of just in the periphery area of the development and to require that graded areas be reasonably distributed throughout the project site;

      9.   Encourage minimal grading which relates to the natural contour of the land;

      10.   Encourage road design which follows the natural topography wherever possible in order to minimize cutting and grading;

      11.   Place the liability and expense of evaluating the condition of potentially unstable land, and determining restrictions which should be placed on its development, upon geologists or engineers employed by the landowner;

      12.   Implement the Plain City general plan and restrict the use of land to those uses which do not present unreasonable risks to persons or property because of geological and natural hazards and/or geotechnical limitations; within high water table, floodplain and wetland areas.

      13.   Protect unsuspecting buyers of property within listed areas and preventing fraud in land sales relating to the geologic or other condition of real property;

      14.   Authorize a governmental function of regulation within the Utah governmental immunity act; and

      15.   Require compliance with federal emergency management agency (FEMA) floodplain management plan. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013; amd. Ord. 2023-07, 6-1-2023)

To ensure that a proposed development in sensitive land areas reflect the best interests of the city, all grading or other improvement of any land, including, but not limited to, land in approved subdivisions or other development plans, shall conform to the development standards, guidelines, and criteria of this chapter, the provisions of which are intended to minimize floods, erosion, and other environmental hazards; to protect the areas not suitable for development, and to ensure the efficient expenditure of public funds. The policies to be achieved by this chapter shall include, but not be limited to, the following:

   A.   Encourage only minimal grading which relates to the natural contour of the land and which will round off, in a natural manner.

   B.   Require retention and protection of trees and other vegetation and retain moisture, prevent erosion, enhance the natural scenic view, and where necessary, require additional landscaping to enhance the scenic and safety qualities of the canal or river.

   C.   Require immediate planting wherever appropriate to maintain necessary cut and fill slopes, to stabilize them with plant roots, to conceal the raw soil from view and to minimize erosion.

   D.   Preserve natural drainage channels as determined by the city.

   E.   Encourage retention of natural landmarks and prominent natural features, wildlife habitat, and open space.

   F.   Preserve and enhance the visual and environmental quality through the use of natural vegetation and prohibition of excessive excavation and terracing.

   G.   Protect the public from natural hazards of stormwater runoff and erosion by requiring drainage facilities.

   H.   Minimize the threat of fire damage by establishing fire protection measures.

   I.   Establish land use management that will encourage protection of natural elements while allowing a harmonious and satisfying residential environment.

   J.   Minimize public exposure to geological and natural hazards including, but not limited to, debris flow, debris floods, surface and ground water flooding, land sliding, surface fault rupturing and/or deformation along primary and secondary fault traces and ground failure associated with soil liquefaction, by identification, mitigation and/or avoidance of such hazards in conjunction with development proposals.

   K.   Minimize potential property losses related to geotechnical limitations including, but not limited to, expansive or collapsible soils, nonengineered fills and shallow groundwater conditions, excavation and construction adjacent to drainage irrigation, canals, and streams. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

 

Notwithstanding any other provision of this code it shall be unlawful to grade, fill, or excavate any land in any manner which presents an unreasonable risk of erosion, flooding, or any other unsafe condition, and it shall be unlawful to erect any structure which will not be reasonably safe for use as a human habitation because of:

   A.   A high water table (water close to the surface);

   B.   Surface water;

   C.   Expansive soils;

   D.   Collapsible soils;

   E.   Proximity to a secondary fault;

   F.   Proximity to an alluvial fan; or

   G.   Any other unsafe condition. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

Conditions described on geologic hazard maps and aerial topography maps maintained by the city engineer, together with explanatory material appurtenant thereto shall be presumed to exist. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

   A.   It shall be unlawful to grade, fill, or excavate land or to erect any structure without doing the following:

      1.   Obtaining the acknowledgment of the city that any letter report (a letter report is described in section 10-18-9 of this chapter), or geologic report (a geologic report is described in section 10-18-10 of this chapter), required by the city engineer pursuant to this chapter, has been received and meets the requirements of section 10-18-8 of this chapter. (The giving of this acknowledgment by the city engineer shall not be an approval of or acquiescence to the content or conclusions of the letter report or geologic report. A letter report or geologic report shall be considered part of the public record and may be copied by any person.)

      2.   Except as provided in section 10-18-11 of this chapter, by grading, filling, or excavating land or erecting a structure only as described in the letter report or geologic report which has been acknowledged by the city engineer. (A proposal for which a letter report or a geologic report is not required may be implemented as described in the proposal.)

      3.   By executing and recording the restrictive covenant required by section 10-18-15 of this chapter. (This subsection does not apply if no letter report or geologic report is required.)

   B.   Obtain permission from the city engineer of acceptable erosion control and revegetation plan.

   C.   In addition to the provisions of this chapter, all grading, filling, or excavation of land or erection of any structure shall comply with all other applicable provisions of these ordinances.

   D.   Those parts of any proposal to construct improvements such as roads, sewer lines, or water lines, or other improvements which are intended to be placed in public ownership shall be subject to the approval of the city engineer.

   E.   Those parts of any proposal to develop real property which jeopardizes the public's health, safety, or welfare or significantly interferes with established long term development plans of Plain City shall be subject to the approval of the city engineer after consultation with the appropriate city department.

   F.   No building permits shall be issued until the requirements of this chapter are met. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

All proposals to grade, fill, or excavate land or to erect a structure for human habitation (sometimes referred to herein as the "proposal") shall be referred to the city engineer who shall make a preliminary determination by reference to the maps and materials maintained in the city engineer's office if any of the unsafe physical conditions described in section 10-18-2 of this chapter appear to exist in relation to the real property which is included in the proposal. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

   A.   Except if the city engineer determines in the manner described in subsection 10-18-6A3 of this chapter that no physical condition described in section 10-18-2 of this chapter appears to exist in relation to the subject property, the proposal with respect to which the subject property is associated may proceed, as proposed, subject to the other requirements of these ordinances.

   B.   If the city engineer determines in the manner described in section 10-18-6 of this chapter any physical condition described in section 10-18-2 of this chapter appears to exist in relation to the subject property, the developer shall submit a report prepared by geotechnical engineer.

   C.   With respect to any proposal not requiring a geologic report, the city engineer may require the developer to submit a letter report to resolve issues with respect to the condition of the subject property. A letter report may be required even if the maps and materials maintained in the office of the city engineer do not show any of the unsafe conditions described in section 10-18-2 of this chapter. The city engineer may withhold the determination described in section 10-18-6 of this chapter until the letter report has been received, and based on information in the letter report, the city engineer may, for good cause, require the submission of a geologic report. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

   A.   A letter report is a simplified geologic report used in relation to areas of relatively stable soil and rock. It shall contain not less than the following:

      1.   An analytical geologic description of the subject property in relation to the development which is proposed thereon, and in relation to adjoining property;

      2.   A description of any requirements or restrictions which should be imposed on the proposal to avoid violation of the provisions of section 10-18-2 of this chapter;

      3.   A geologic sketch map and/or a geologic structure section diagram, if relationships are complex and difficult to describe in writing; and

      4.   The letter report shall include other information as the city engineer shall reasonably require. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

   A.   A geologic report shall include current up to date maps and a report containing not less than the following information:

      1.   The maps shall include: Sensitive land maps (high-water table, floodplain and wetland areas if applicable) including slopes & drainage for proposed sites):

         a.   The site location and regional setting of the subject property.

         b.   An overall site plan which illustrates exposure to geological and natural hazards identified in section 10-18-2 of this chapter and the geotechnical limitations identified in section 10-18-2 of this chapter. The map shall illustrate the proposed site modifications relative to geological and natural hazards and/or geotechnical limitations that may impact the site. Any corrective site modification actions necessary to mitigate or avoid hazards or limitations shall be clearly identified on the map.

         c.   Maps shall use a convenient scale of not more than one inch (1") equals one hundred feet (100') and a maximum contour interval of one foot (1'). Existing contours shall be shown by dashed lines and proposed contours shall be shown as solid lines. Boring logs, cross sections, test trench logs, soil sample descriptions, and test results shall be included.

         d.   The city engineer may require additional updated maps or additional detail on existing sensitive land use maps as reasonably necessary to evaluate actual or potential geologic hazards.

      2.   The report shall include:

         a.   A description of the proposed grading, filling, excavation, or structure;

         b.   An analysis of the effects of the proposed grading, filling, excavation, or erection of a structure in relation to the geologic conditions shown in the geologic maps;

         c.   With regard to a structure, an analysis of the manner in which the same, as constructed, will be made reasonably safe for human habitation;

         d.   Any corrective or remedial action necessary to avoid a violation of section 10-18-2 of this chapter, shall be described and analyzed in detail;

         e.   A list, including title, author and date, of all prior studies or reports which are relied upon to make this report; and

         f.   The city engineer may require additional information or analyses which are reasonably necessary to evaluate actual or potential geologic hazards. This includes submittal of reports to consultants or state agencies for review and comment. The cost of any additional reviews required by the city engineer shall be borne by the developer.

   B.   If the geologic report (maps and report) relates to land having a slope that exceeds ten percent (10%), the development proposal described in the geologic report shall conform to the provisions of section 10-18-17 of this chapter.

   C.   In the case of a proposal to grade, fill, or excavate, which is not directly or indirectly related to a proposal to erect a structure for human habitation, the city engineer may waive compliance with any requirement of this section not relevant to the proposed grading, filling, or excavating. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013; amd. Ord. 2023-07, 6-1-2023)

   A.   A letter report (described in section 10-18-9 of this chapter) or a geologic report (described in section 10-18-10 of this chapter) shall be approved and signed by a geotechnical engineer whose primary area of expertise is required to address issues related to soil mechanics, foundation investigations, slope stability, etc. If necessary, he or she shall also be capable of supervising other professionals who may address other specific issues related to site conditions.

   B.   A letter report or a geologic report shall contain the following certificate:

   C.   In addition to any applicable private civil remedies, it shall be unlawful to knowingly make a false, untrue, or incomplete statement in a letter report or a geologic report or to sign the certificate described above knowing the same to be materially false or not true.

   D.   It shall be the responsibility of the geotechnical engineer who stamps and signs the letter report or geologic report to ensure that experienced and qualified professionals perform the tasks required to complete each portion of the report. His or her signature indicates the applicable report was prepared under his or her direction and supervision. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

For any real property with respect to which development has proceeded on the basis of a letter report or a geologic report which has been acknowledged by the city engineer, no final inspection shall be completed or certificate of occupancy issued or performance bond released until the engineer or geologist who signed and approved that letter report or geologic report shall further certify that the completed improvements and structures conform to the descriptions and requirements contained in said letter or report. Provided, however, that improvements and structures may, with the consent of the city engineer, deviate from the descriptions and requirements contained in the letter report or geologic report because of conditions which are discovered after acknowledgment by the city engineer of the letter report or geologic report. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

Any person dissatisfied with a decision of the city engineer made under this chapter, may appeal the same within ten (10) days thereof to the city council, which city council is by this chapter authorized to hear appeals from decisions of the city engineer, which city council shall affirm or reverse, either in whole or in part. Any person dissatisfied with a decision of the city council may appeal that decision within ten (10) days thereof to district court. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

No subdivision or other development plat or plan with a slope between ten (10) and forty percent (40%) shall be approved without compliance with the provisions of this chapter. Every proposal to grade, fill, or excavate land, and every proposal to erect a structure for human habitation, garage or accessory building shall be subject to this chapter, including proposals related to land in subdivisions. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

   A.   If a letter report or a geologic report has been submitted to the city engineer and planning commission, no subdivision or other development plat or plan shall be approved and no building permit shall be issued for construction of a structure until the owner(s) of the subject real property have signed and delivered to Plain City a restrictive covenant in a form suitable for recording containing not less than the following:

      1.   A complete description of the geologic condition of the subject real property, including references to relevant reports and studies;

      2.   A description of the grading, filling, or excavating or erection of a structure for human habitation, garage or accessory building approved in the letter report or geologic report which has been acknowledged by the city engineer, together with the requirements and restrictions imposed thereon;

      3.   A covenant and agreement enforceable by Plain City, adjoining landowners, and any subsequent owner of the subject real property that only the grading, filling, or excavating or erection of a structure in the acknowledged letter report or geologic report will be constructed or maintained without further compliance with this chapter, as it may be amended from time to time. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013; amd. Ord. 2023-07, 6-1-2023)

It shall be unlawful for any person, including the seller or the seller's representative, directly or indirectly in connection with the sale or offering for sale of real property located in Plain City, to make any untrue statement of a material fact related to the geologic condition of the subject property. This section shall be construed to create private and public civil causes of action in addition to creating criminal liability. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)

   A.   Grading:

      1.   No grading, filling, or excavation of any kind shall be accomplished adjacent to any canal or river without first obtaining approval from the city engineer.

      2.   Any land or parcel, or portion of any parcel having a slope of greater than ten percent (10%) shall not be graded to a slope that exceeds forty percent (40%). Development or grading in areas having slopes below forty percent (40%) shall be approved through a conditional use permit.

      3.   All preliminary street and site grading shall be completed prior to the installation of utilities.

      4.   Fills in areas intended as structural foundations, including roadways, shall be compacted to at least ninety five percent (95%) by ASTM D-1557. All other fills shall be compacted to at least ninety percent (90%) by ASTM D-1557. Test reports verifying compliance with this provision shall be submitted to the city engineer by the developer, at the developer's expense.

      5.   Borrowing for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan.

      6.   Cut slopes shall be constructed to eliminate sharp angles of intersection with the existing terrain and shall be rounded and contoured as necessary to blend with existing topography to the maximum extent possible. The city will not accept the dedication and maintenance of cut and fill slopes except those within the required street right of way. Where a cut or fill slope occurs between two (2) lots, the slope shall normally be made a part of the downhill lot.

      7.   Grading, cuts and fill to obtain access to developable property above a ten percent (10%) slope shall be approved through a conditional use permit by Plain City planning commission.

      8.   Sections of the international building code regulating excavation and grading shall be complied with, except that decisions described therein to be made by the "building official" may also be made by the city engineer.

   B.   Site Elements: Site elements shall include:

      1.   Retaining walls that blend with natural topography.

      2.   Planting near retaining walls.

      3.   Minimum lighting needed for pedestrian safety.

      4.   Large areas of formal landscaping are prohibited.

      5.   Grading should be minimized in areas where the slope is greater than thirty percent (30%).

      6.   Drainage channels should receive a naturalizing treatment including native rock and landscaping.

      7.   Use of natural building materials to blend in with the surroundings.

      8.   Smaller roof components so structure appears less intrusive.

      9.   The maximum height of buildings shall not exceed the height allowed in the zoning/overlay district.

      10.   Canals, rivers and streams are required to be fenced or piped as determined by planning commission and or city council for public health, safety or welfare.

   C.   Drainage:

      1.   Required stormwater runoff collection facilities shall be designed so as to retain stormwater runoff on development sites for a sufficient length of time so as to prevent flooding and erosion during stormwater runoff flow periods.

      2.   Required stormwater runoff collection facilities shall be so designed as to divert surface water away from cut faces or sloping surfaces of a fill. Subsurface drains are not acceptable.

      3.   Curb, gutter, and pavement designs shall be such that water on roadways is prevented from flowing off the roadways.

      4.   Natural drainages shall be riprapped or otherwise stabilized to the satisfaction of the city engineer below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion.

      5.   Waste material from construction, including, soil and other solid materials, shall not be deposited within a natural or manmade drainage course or within irrigation channels.

      6.   Sediment retention facilities shall be constructed as part of each development as directed by the city engineer.

   D.   Vegetation And Revegetation:

      1.   Every effort shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation or landscaping, e.g., cut and fill slopes.

      2.   New planting shall be protected.

      3.   All disturbed soil surfaces shall be stabilized before final acceptance of the development by the city.

      4.   The developer shall be fully responsible for any destruction of native vegetation which is required to be retained in all areas under the ownership and control of the developer. The developer shall carry the responsibility for such areas both for the developer's own employees and for all subcontractors from the first day of construction until final acceptance of the development by the city. The developer shall be responsible for replacing such destroyed vegetation.

      5.   Prior to the termination of the bonding period, any dead plant materials required to be installed by the developer shall be replaced and a new bond issued to assure establishment of the replaced materials.

   E.   Fire Protection:

      1.   Lot size and potential placement of buildings thereon shall be such that adequate clearance of hazardous, flammable vegetative cover may be accomplished.

      2.   All easements for firebreaks for safety of built up areas shall encompass access for firefighting personnel and equipment and such easements shall be dedicated for this specific purpose by being recorded.

      3.   The inability to provide fire line water pressure consistent with the standards set by the Utah state division of drinking water, the international fire code and the Plain City fire marshal shall be justification for denial of a development request.

   F.   Streets:

      1.   All streets within a hillside area shall be designed to meet the standards required for streets in all other areas of the city except that sidewalks of not less than six feet (6') in width may be required on one side of streets within a hillside area. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013; amd. Ord. 2023-07, 6-1-2023)

   A.   Development in high water table, floodplain or wetland areas shall be subject to the following standards:

      1.   Floodplain, wetland areas and natural drainages shall not be included as part of any buildable development unless allowed to be mitigated pursuant to applicable law. Lots within the residential or agricultural zones may include wetlands and flood zones as part of the lot provided there is sufficient buildable area no less than 4 acres to accommodate the proposed use.

      2.   Wetlands and flood plain areas may not be included in area requirements for lots or for calculation of density.

      3.   Where determined by the planning commission or designee, wetland and floodplain areas may be required to be fenced if found to be detrimental to public health, safety or welfare.

      4.   Prior to the acceptance by the city of a petition for rezoning of property in the designated area, or before the submission of an application for preliminary development plan in the designated area, it must be demonstrated to the satisfaction of the city engineer, public works director and planning commission that the conditions and requirements contained herein can be met. Such petition, submission, or application shall be made through the city. A predevelopment conference with the planning commission and developer shall be required to review any proposed plans.

      5.   Prior to acceptance by the city of an application for preliminary development plan in the specified areas, it must be demonstrated to the satisfaction of the city, (IBC) International Building Code: Section 1612, including appendix G - Relates to construction in flood hazard areas, and the Plain City Flood Damage Prevention Ordinance (section 10-18-18.5), that all conditions specified in the listed chapters have been fully met and accomplished.

      6.   Surface or subsurface drainage from any development within the subject area shall be transported to either a canal, creek or river and shall not be deposited, collected, or stored upon the property being developed or upon other properties within the subject area.

      7.   Drainage water from the proposed new development will not be placed upon or pass through other properties, except:

         a.   Where a preexisting drainage system of adequate capacity is legally available for use; or

         b.   Where a permanent drainage easement of a size sufficient to carry projected flows has been obtained and a statement from the owners of both the host and guest properties recorded on property deeds in the office of the county recorder specifying the following:

         (1)   That the city will be held harmless from all damages or injury resulting from water pollution and flooding from drainage crossing said property.

         (2)   That the property owner will allow the owner of the easement to enter onto said property to maintain the drainage facility on said easement.

         (3)   That the drainage channel can be placed in a pipe or culvert at such time as deemed appropriate by the owner of the easement.

      8.   Drainage from the proposed new development will not be placed in an irrigation ditch or irrigation canal, originally constructed for irrigation purposes, except where permission, in written and recorded instruments (i.e., easements) running with the land, has been granted by the subject irrigation company and/or all water users below the proposed development on the specific ditch or canal specifying the following:

         a.   That the city will be held harmless from all damage or injury resulting from flooding, water pollution, or high groundwater from drainage in the ditch or canal.

         b.   That the irrigation ditch or canal can be placed in a pipe or culvert at a time deemed necessary by the owner of the easement.

         (1)   That the owner(s) of property which is the subject of a development plan may be required to provide, and record with the county recorder, a statement holding the city harmless from all damage within the project resulting from flooding or high water table.

         (2)   That a disclosure statement may be required to be placed upon all subdivision and development plats in the subject area, stating that the subdivision or development lots are in an area potentially subject to flooding from high water table.

         (3)   That drainage easements be granted to the city within the proposed development, as determined by the city engineer, and drainage facilities be installed as part of the development at developer's expense.

      9.   No building or structures shall be allowed to be constructed in a high-water table or floodplain areas of the city where the building proposed to be built includes a basement. A basement shall be considered as any usable floor area below either the elevation of the fronting curb and gutter, or if there is no curb and gutter planned to be constructed, usable floor area below the existing ground surface, buildings and structures, including substantial improvements of such buildings and structures, shall be elevated such that the lowest floor, including basement is elevated above the design flood elevation in accordance with section 1612 of the (IBC) International Building Code Appendix-G (Flood-resistant construction). The following conditions must be met:

         a.   Prior to the issuance of the building permit, the owner(s) shall produce a statement which shall be recorded in the office of the county recorder and attached to the property stating that the city will be held harmless from all damages or injury resulting from flooding from groundwater in an identified high-water table or floodplain area.

         b.   Prior to the issuance of any building permit for a structure/residence with a basement within a new development, the developer shall submit to the city engineer for approval, a design that has been signed and stamped by a registered professional engineer indicating his or her method to minimize flooding from groundwater. Each lot owner may also still be required to produce a statement which shall be recorded in the office of the county recorder and attached to the property stating that the city will be held harmless from all damages or injury resulting from flooding from building within a flood plain area, high-water table, groundwater or existing water ways.

      10.   A comprehensive drainage and grading plan shall be submitted by the developer of any property within a high-water table, floodplain or wetland area and shall be approved by the city engineer, public works director and planning commission before preliminary development approval or approval for any residential, commercial or industrial development or building on a single lot or lots. In the case of subdivisions, such plan shall be submitted via the city engineer; or in the case of building development on a single lot or lots, the plan shall be submitted via the building inspector. Such plan shall be subject to the following requirements:

         a.   Sump Pumps are required to be installed on all lots and shall not be discharged into the sanitary sewer system; but shall require outfall into a storm drain or private ditch system, if permitted by the owners thereof. Approval of, and signatures by; all irrigation and canal companies if their ditches or canals cross the development areas, or if surface or subsurface drainage is to outfall into the ditch or canal or if modification to ditch or canal is proposed. Property owners should be aware that few ditch companies allow discharge into their systems.

         b.   Quantities of runoff shall be determined for the complete development area by the rational method or other method as approved by the city engineer.

         c.   At all outfall points from the development, quantities of runoff shall comply as approved by the city engineer.

         d.   The capacity of any irrigation ditch, storm drain, or other channel shall be determined from the inlet point to the outfall point of said channel if it is to be used for runoff. If there is an insufficient capacity to handle added flows, it will not be used.

         e.   A topographic map with updated wetland and floodplain areas, if applicable shall be prepared to indicate sufficient slopes in all areas to take surface drainage and overflow waters into the designated street or storm drain. Water will not be allowed to pond any place other than a designated detention or retention basin.

         f.   Subdivisions not located within three hundred feet (300') times the number of lots in the subdivision of an existing Plain City sewer line are exempt provided that the lots are forty thousand (40,000) square feet minimum and the developer/owner installs a septic system in accordance with Plain City, the state of Utah and Weber County regulations for septic systems. Subdivisions or lots that are located within sensitive lands may be prohibited by planning commission or city council to install septic systems.

         g.   No building permit shall be issued in any development in the described areas until the required subsurface and storm drainage system has been constructed and is in operable condition unless a hold harmless agreement is entered into by the developer. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013; amd. Ord. 2023-07, 6-1-2023; Ord. 2023-19, 12-7-2023)

   A.   Statutory Authorization, Findings Of Fact, Purpose And Methods:

      1.   Statutory Authorization:

         a.   The Legislature of the State of Utah Code. Ann. § 10-3-701 has in delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Plain City, Utah, does ordain as follows:

         b.   The city of Plain City elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program (NFIP) is a voluntary program administered by the Federal Emergency Management Agency (FEMA The National Flood Insurance Program, established in the aforesaid act, provides that areas of the town having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. The National Flood Insurance Program was broadened and modified with the passage of the Flood Disaster Protection Act of 1973 and other legislative measures. It was further modified by the National Flood Insurance Reform Act of 1994. The National Flood Insurance Program is administered by the Federal Emergency Management Agency, a component of the U.S. Department of Homeland Security.

      2.   Findings Of Fact:

         a.   The flood hazard areas of Plain City are subject to periodic inundation by flood waters, which results in potential loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief; all of which adversely affect the public health, safety and general welfare.

         b.   These potential flood losses are caused by:

            (1)   The cumulative effect of obstructions in floodplains that are known to cause increases in flood heights and velocities;

            (2)   The occupancy of flood hazard areas by structures vulnerable to floods because they are inadequately elevated or otherwise unprotected from flood damages; and

            (3)   Uses deemed unsuitable for floodplain areas or that do not account for the increased flood risk.

      3.   Statement Of Purpose:

         a.   It is the purpose of this section to promote the public health, safety and general welfare of the community 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 damage to public infrastructure, including but not limited to utilities, streets, and bridges that are susceptible to flooding;

            (3)   Minimize prolonged business interruptions caused by flooding;

            (4)   Minimize public expenditures on flood control projects;

            (5)   Minimize the need for rescue and relief efforts associated with flooding and are generally undertaken at the expense of the public;

            (6)   Protect and safeguard the welfare and safety of first responders should an emergency response is needed;

            (7)   Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and

            (8)   Promote that potential buyers are notified if properties are in a flood area.

      4.   Methods Of Reducing Flood Losses:

         a.   To accomplish the purposes outlined in the statement of purpose above, this section applies the following methods:

            (1)   Restricts or prohibits land uses that are dangerous to health, safety, or property in times of flooding, or cause excessive increases in flood heights or velocities;

            (2)   Requires that land uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

            (3)   Controls the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

            (4)   Controls filling, grading, dredging and other developments that may increase flood damage; and

            (5)   Prevents or regulates the construction of flood barriers that will unnaturally divert floodwaters or may increase flood hazards to other lands.

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

 

   C.   General Provisions:

      1.   Lands To Which This Section Applies: This section shall apply to all areas of special flood hazard identified by FEMA or, if elected in areas of identified and documented flood risk supported using Best Available Data within the jurisdiction of Plain City.

      2.   Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by the Federal Emergency Management Agency Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this section, and any revisions thereto are hereby adopted by reference and declared to be a part of this section.

      3.   Establishing Of Development Permit: Floodplain Development Permit shall be required to ensure conformance with the provisions of this section.

      4.   Abrogation And Greater Restrictions: This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

      5.   Interpretation: In the interpretation and application of this section, 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.

         6.   Warning And Disclaimer Or Liability: The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes.

      This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This section 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 section, or any administrative decision lawfully made thereunder.

      7.   Severability: If any section, provision, or portion of this section is adjudged unconstitutional or invalid by a court, the remainder of this section shall not be affected.

      8.   Compliance: No structures or developments including buildings, recreation vehicles, or manufactured homes or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this section and other applicable regulations. Nothing herein shall prevent the Plain City Council from taking such lawful action as is necessary to prevent or remedy any violations.

      9.   Stop Work Order:

         a.   Authority: Whenever the floodplain administrator or other community official discovers any work or activity regulated by this section being performed in a manner contrary to the provision of this section, the floodplain administrator is authorized to issue a stop work order.

         b.   Issuance: The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

         c.   Unlawful Continuance: Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by local or state law including but not limited to the penalties outlined below.

      10.   Penalties For Noncompliance: In accordance with Section 59.2(b) of CFR 44, Chapter 1, of the NFIP regulation, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of Section 60. "These regulations must include effective enforcement provisions." In accordance with Section 60.1(b) of CFR 44, Chapter 1, of the NFIP regulations, "These regulations must be legally enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone (i.e. mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances, or codes."

      No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned or both, for each violation assessed daily, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Plain City from taking such other lawful action as is necessary to prevent or remedy any violation.

      11.   Automatic Adoption: The Special Flood Hazard Areas identified by FEMA in its FIS for Weber County, Utah and Incorporated Areas, with accompanying FIRMs or Digital FIRMs (DFIRM), other supporting data, and all subsequent Federal amendments and/or revisions, are hereby adopted by reference and declared to be a part of this section.

   D.   Administration:

      1.   Designation Of The Floodplain Administrator: The City Engineer and Public Works Director are hereby appointed the Floodplain Administrators to administer and implement the provisions of this section and other appropriate sections of the NFIP Regulations and 44 CFR 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:

         a.   Uphold the goals of the community and the NFIP to reduce risk when possible and increase the community's resistance to future disasters.

         b.   Maintain and hold open for public inspection all records pertaining to the provisions of this section, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any floodproofing certificates, including the data supporting such certificates.

         c.   Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs to which this section applies, including, but not limited to, the FIRM.

         d.   Review development proposals to determine whether a proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding.

         e.   Review, approve, or deny all applications for development permits required by adoption of this section.

         f.   Ensure 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 and the Endangered Species Act of 1973) from which prior approval is required.

         g.   Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

         h.   Notify, in riverine situations, adjacent communities and the State Coordinating Agency, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

         i.   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.

         j.   When BFE data has not been provided by FEMA, the Floodplain Administrator shall obtain, review, and reasonably utilize any BFE data and floodway data available from a federal, state, or other source including data provided by the applicant, in order to administer the provisions of this section.

         k.   When a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30, AE, and AH 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 1.00* feet at any point within the community.

         l.   Under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP Regulations, a community may approve certain development in Zones A1-30, AE, and AH on the community's FIRM, which increases the water surface elevation of the base flood by more than 1.00 foot, provided that the community first meets the requirements of Section 65.12 for a conditional FIRM revision through FEMA's CLOMR process.

      3.   Requirement To Submit New Technical Data: The property owner or developer shall notify FEMA by submittal of a LOMR within six (6) months of project completion when an applicant has obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.

         a.   The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.

         b.   The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this section and all applicable state federal, and local laws.

      4.   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:

         a.   Duplicated plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations.

         b.   Duplicated plans drawn to scale showing the location, dimensions, and elevation of existing and proposed structures, including the placement of manufactured homes.

         c.   Location of the foregoing in relation to SFHAs.

         d.   Elevation (in relation to mean sea level), of the lowest floor (including basement and crawlspace) of all new and substantially improved structures, if applicable;

         e.   Elevation (in relation to mean sea level), to which any nonresidential structure (if applicable) shall be floodproofed.

         f.   A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure (if applicable) shall meet the floodproofing criteria of this section and the NFIP Regulations.

         g.   Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development, if applicable.

         h.   At the community's discretion, the community may charge a fee for issuance of floodplain development permits.

         i.   Copies of all floodplain development permits and the associated documents shall become property of the community and a permanent record.

      Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this section and the following relevant factors:

         a.   The danger to life and property due to flooding or erosion damage.

         b.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

         c.   The danger that materials may be swept onto other lands to the injury of others.

         d.   The compatibility of the proposed use with existing and anticipated development.

         e.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

         f.   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.

         g.   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.

         h.   The necessity to the facility of a waterfront location, where applicable.

         i.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

         j.   The relationship of the proposed use to the comprehensive plan for that area.

      5.   Variance Procedures: The Plain City Hearing Officer shall hear and render judgment on requests for variances from the requirements of this section after a floodplain development permit has been denied.

         a.   Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.

         b.   The Hearing Officer, shall hear and render judgement 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 of administration of this section.

         c.   The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to FEMA and the State Coordinating Agency upon issuing a variance.

         d.   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 elevation, providing the relevant factors in this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

         e.   Upon consideration of the factors noted above and the intent of this section, the Hearing Officer may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this section.

         f.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

         g.   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. The term ''substantial improvement' does not include any alteration of a structure or facility listed on the National Register of Historic Places or a State Inventory of Historic Places.

      Prerequisites for granting variances:

         a.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 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.

            (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, conflict with existing local laws or ordinances, considers the need of ingress and egress during times of floods, and does not jeopardize first responders' health and welfare.

         b.   Any applicant 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 BFE, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

         c.   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 this section are met; and

            (2)   The structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

   E.   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:

         a.   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.

         b.   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

         c.   All new construction or substantial improvements shall be constructed with materials resistant to flood damage.

         d.   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 occupancy, additions, rehabilitations, renovations, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the applicable community officials and staff, shall:

         a.   Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure only, not of land and building, before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

         b.   Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure.

         c.   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the Substantial Improvement paragraph above.

         d.   Utilize FEMA's Substantial Improvement/Substantial Desk Reference when making any determination on Substantial Improvement and/or Substantial Damage.

         e.   The substantial improvement regulations apply to all of the work that is proposed as the improvement, even if multiple permits are issued. Therefore, the determination of the cost of the improvement should consider all costs of all phases of the work before issuance of the first permit.

         f.   Notify the applicant that if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood, this section is required.

      5.   Specific Standards: In all SFHAs, and in areas of known or suspected flood risk areas, the provisions in the following paragraphs are required.

      6.   Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to one foot above the base flood elevation, unless a freeboard option is noted below. If a freeboard option is noted, new construction and substantial improvement shall have the lowest floor (including basement) elevated to the freeboard elevation. A registered professional engineer, architect, or land surveyor shall submit certified elevations to the Floodplain Administrator to ensure that the standards of this section are satisfied.

      7.   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 one foot above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood elevation 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 subsection. A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. If the use or occupancy of the building changes in the future to residential, then the dry floodproofing of the structure cannot be used when determining compliance of the structure to the residential construction of this section as listed above, and as such, the building will not be grandfathered into compliance and will be required to be brought into compliance with the residential construction requirements of this section.

      8.   Enclosures: New construction and substantial improvements, with fully enclosed areas below the lowest floor that are to be used solely for parking of vehicles, building access, or storage in an area other than a basement, and 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 must meet or exceed the following minimum criteria:

         a.   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.

         b.   The bottom of all openings shall be no higher than one foot above grade.

         c.   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

      The development and construction of the structure must conform with the provision in FEMA/Federal Insurance Administration (FIA) Technical Bulletins 1 and 2. Certification and documentation from a professional, licensed engineer or architect is required if the structure's lowest floor is built below the BFE.

      9.   Crawlspace: New construction and substantial improvements built on a crawlspace or sub-grade (below grade) crawlspace may be permitted if the development is designed and meets or exceeds the standards found in FEMA's Technical Bulletins 1, 2, and 11, which include but are not limited to the following:

         a.   The structure must be affixed to a permanent foundation, designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet (5') per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.

         b.   The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot (1') above the LAG.

         c.   The crawlspace enclosure must have proper openings that allow equalization of hydrostatic pressure by allowing automatic entry and exit of floodwaters. To achieve this, a minimum of one square inch of flood opening is required per one square foot of the enclosed area subject to flooding.

         d.   Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, piers, or other materials that extend below the BFE. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

         e.   Any building utility systems within the crawlspace must be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.

         f.   The interior grade of a crawlspace below the BFE must not be more than two feet (2') below the LAG.

         g.   The height of the below-grade crawlspace, measured from the lowest interior grade of the crawlspace floor to the bottom of the floor joist of the next higher floor cannot exceed four feet (4') at any point.

         h.   There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.

         i.   Buildings with below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the LAG.

      10.   Manufactured Homes:

         a.   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 that 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.

         b.   Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites

            (1)   Outside of a manufactured home park or subdivision;

            (2)   In a new manufactured home park or subdivision;

            (3)   In an expansion to an existing manufactured home park or subdivision;

            (4)   Or 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 BFE plus one foot (1') of freeboard, unless a higher standard option was selected, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

         c.   In A-1-30, AH, AO and AE Zones, require that manufactured homes to be placed or substantially improved in an existing manufactured home park to be elevated so that

            (1)   The lowest floor is at or above the BFE plus one foot (1') of freeboard, unless a higher standard option was selected;

            (2)   Or the chassis is supported by reinforced piers no less than thirty six inches (36") in height above grade and securely anchored.

      11.   Recreational Vehicle Standards: In all Areas of Special Flood Hazard, Recreational Vehicles, must either:

         a.   Be on the site for fewer than one hundred eighty (180) consecutive days;

         b.   Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or addition, or

         c.   The recreational vehicle must meet all the requirements for permit procedures in this section, including the anchoring and elevation requirements of "manufactured homes" of this section.

      12.   Standards For Subdivision Proposals:

         a.   All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of this section to minimize flood damage.

         b.   All subdivision preliminary plats/development plans shall include the mapped flood hazard zones from the effective FIRM

         c.   BFE data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than fifty (50) lots or five (5) acres, or whichever is lesser.

         d.   All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

         e.   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.

      13.   Standards for Areas of Shallow Flooding (AO/AH Zones) Located within the SFHAs established in this section under the subsection C1 "Lands to Which this Section Applies," are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet (1'-3') 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:

         a.   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 (2') if no depth number is specified). If the community has elected a freeboard standard, then the lowest floor elevation must be elevated above the highest adjacent grade above the depth number specified in feet on the community's FIRM (at least two feet (2') if no depth number is specified) plus the freeboard height option selected below.

         b.   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 (2') if no depth number is specified). If the community has elected a freeboard standard, then the lowest floor elevation must be elevated above the highest adjacent grade above the depth number specified in feet on the community's FIRM (at least two feet (2') if no depth number is specified) plus the freeboard height option selected below; or

            (2)   Together with attendant utility and sanitary facilities be designed so that below the base flood elevation 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.

         c.   A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this section.

         d.   Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.

      14.   Floodways: Floodways located within SFHAs are extremely hazardous areas due to the velocity of flood waters that carry debris, potential projectiles, and erosion potential, the following provisions shall apply: 1. Designate a regulatory floodway that will not increase the base flood level more than one foot (1'). 2. 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 greater than 0.00 feet, in flood levels within the community during the occurrence of the base flood discharge. 3. All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. 4. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in BFEs, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. (Ord. 2023-19, 12-7-2023)

This chapter shall not apply to any lot or lots forming a part of a subdivision recorded prior to the effective date hereof. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013)