(a)

Compliance with National Flood Insurance Act. Sandy City elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended), to join the National Flood Insurance Program (NFIP), and to implement and enforce the requirements and regulations of the NFIP through a floodplain overlay zone.

(b)

Findings.

(1)

Flood hazard areas of Sandy City are subject to periodic inundation which may result in loss of life and property, health hazards, disruptions of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(2)

Potential flood losses are caused by:

a.

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

b.

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

c.

Uses unsuitable for floodplain areas or that do not account for the increased flood risk.

(c)

Purpose. The purpose of the floodplain overlay zone is to promote the public health, safety, and general welfare, and to minimize public and private loss due to flood by provisions designed to:

(1)

Protect human life and health.

(2)

Minimize expenditure of public money for flood control projects.

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(4)

Minimize prolonged business interruptions.

(5)

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

(6)

Help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future flood blight areas.

(7)

Ensure that potential buyers are notified that property is in an area of special flood hazard.

(8)

Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

(d)

Methods. In order to accomplish its purposes, this chapter includes methods and provisions for:

(1)

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which may result in damaging increases of erosion, flood heights, or velocities.

(2)

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(3)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers.

(4)

Controlling the filling, grading, dredging, and other development which may increase flood damage.

(5)

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters, or which may increase flood hazards in other areas.

(e)

Interpretation. This chapter shall be interpreted in such a manner as to give effect to these purposes and methods.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

Application of floodplain overlay zone. This floodplain overlay zone includes all special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency (FEMA) and shown on the City's effective flood insurance rate map (FIRM) or flood boundary floodway maps; and all areas identified by the City as having an inherent risk of flooding as documented and supported using best available data. The most restrictive data shall apply if the FIRM, flood boundary floodway maps, Flood Insurance Study (FIS) or best available data differ.

(b)

Effect of provisions. The regulations of this chapter shall be supplemental to, and not in lieu of, the applicable zoning provisions of the zone in which the land is located. Property, permitted uses and conditional uses located within a SFHA shall be developed in conformance with the requirements of the underlying zone and the floodplain overlay zone including supplemental conditions and standards set forth in this chapter. In cases of conflict, the most restrictive provisions shall govern.

(c)

Scope. All development, new construction, substantial improvement, repair of substantial damage, structures, manufactured homes, recreational vehicles, permanent storage of materials and equipment, changes in use of land and changes in use of structures in the floodplain overlay zone shall comply with the provisions of this chapter.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

The City hereby automatically adopts the following:

(1)

The effective FIRM, as updated and amended by FEMA;

(2)

The effective scientific and engineering report entitled "Flood Insurance Study, Salt Lake County, Utah, Unincorporated Areas," (FIS) as updated and amended by FEMA;

(3)

The effective Flood Boundary-Floodway Maps, as updated and amended by FEMA; and

(4)

The effective flood hazard boundary map (FHBM).

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021; Ord. No. 21-33, § 1(Exh. A), 12-7-2021)

The general definitions for Title 21 — Land Development Code are found in Chapter 21-37. The definitions that follow apply to this chapter, Chapter 21-16 — Floodplain Overlay Zone, only.

(1)

Addition is any improvement that expands the enclosed footprint or increases the square footage of an existing structure. This includes lateral additions added to the side, front, or rear of a structure; vertical additions added on top of a structure; and enclosures added underneath a structure.

(2)

Base flood elevation (BFE) is the water surface elevation of the one-percent-annual-chance flood event. It is the height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. It is also the elevation shown on the FIRM and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE on the City's FIRM that indicates the water surface elevation resulting from the flood that has a one-percent chance of equaling or exceeding that level in any given year.

(3)

Best available data is existing flood hazard information adopted by the City and reflected on an effective FIRM, FBFM, and/or within an FIS report; or draft or preliminary flood hazard information supplied by FEMA or from another source. Other sources may include, but are not limited to, state, other federal agencies, or local studies, the more restrictive of which would be reasonably used by the City.

(4)

Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.

(5)

Conditional letter of map revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, and/or the SFHA. The letter does not revise an effective map; it indicates whether the project, if built as proposed, would be recognized by FEMA.

(6)

Crawlspace means an under-floor space that has its interior floor area (finished or not) no more than four feet from the bottom floor joist the next higher floor elevation, designed with proper openings that equalize hydrostatic pressures of flood water, and is not used for habitation.

(7)

Enclosure refers to an enclosed walled-in area below the lowest floor of an elevated building. Enclosures below the BFE may only be used for building access, vehicle parking, and storage.

(8)

Erosion means the process of the gradual wearing away of land masses by wind, water, or other natural agents.

(9)

Existing construction refers to structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. It may also be referred to as Existing Structures.

(10)

Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads), is completed before the effective date of the floodplain management regulations adopted by Sandy City.

(11)

FEMA means the Federal Emergency Management Agency.

(12)

Flood or flooding means:

a.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters.

2.

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

b.

Mudslides (i.e., mudflows) that are proximately caused by flooding as defined in this chapter and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

c.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or 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 flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this chapter.

(13)

Flood hazard boundary map (FHBM) is an official map of a community issued by FEMA, where the boundaries of the flood, mudflow and related erosion areas having special hazards have been designated.

(14)

Floodplain Development Permit is a City-issued permit or document that is used for any development, new construction, substantial improvements, repair of substantial damage, placement of mobile home or recreational vehicle, or permanent storage of materials or equipment that occurs within a SFHA identified by FEMA or the City.

(15)

Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, mitigation plans, and floodplain management regulations.

(16)

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing can either be accomplished in the form of dry floodproofing in which the structure is watertight below the levels that need flood protection, or wet floodproofing in permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding, while allowing floodwaters to enter the structure or area.

(17)

Letter of map revision (LOMR) means FEMA's modification or revision to an entire or portion of the effective FIRM, or flood boundary and floodway map, or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, or the SFHA.

(18)

Lowest adjacent grade (LAG) means the lowest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. For an existing structure, it means the lowest point where the structure and ground touch, including, but not limited to, attached garages, decks, stairs, and basement windows.

(19)

Map means the FHBM or the FIRM.

(20)

Mean sea level means the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which BFEs shown on the City's FIRM are referenced.

(21)

New construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the City and includes any subsequent improvements to such structures. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

(22)

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by Sandy City.

(23)

No-rise certifications are formal certifications signed and stamped by a professional engineer licensed to practice in the state, demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that a proposed development will not result in any increase (0.00 feet) in flood levels within the City during the occurrence of a base flood event.

(24)

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

(25)

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, creek, etcetera, which can be intermittent or perennial.

(26)

Special exception means a grant of relief by the City from and in accordance with the requirements of this chapter.

(27)

Special flood hazard area (SFHA) means the land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, or V1-30, VE, or V on the City's FIRM. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".

(28)

Structure means, for floodplain management purposes, a walled and roofed building, culvert, bridge, dam, or a gas or liquid storage tank that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means:

a.

A building with two or more outside rigid walls and a fully secured roof, which is affixed to a permanent site;

b.

A manufactured home ("a manufactured home," also known as a mobile home, is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or

c.

A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the City's floodplain management and building ordinances or laws.

d.

For insurance purposes, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph c. of this definition, or a gas or liquid storage tank.

(29)

Water surface elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies, such as the 1-percent-annual-chance flood event, in the floodplains of coastal or riverine areas.

(30)

Watercourse means the channel and banks of an identifiable water in a creek, brook, stream, river, ditch or other similar feature.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021; Ord. No. 21-33, § 1(Exh. A), 12-7-2021)

The Public Utilities Director or designee shall be the Floodplain Administrator and is authorized to administer and implement the provisions of this chapter and other federal and state regulations pertaining to floodplain management.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

The Floodplain Administrator shall be authorized to:

(1)

Enforce regulations in a manner consistent with:

a.

The purposes and methods of this chapter;

b.

The NFIP;

c.

Reducing risk when possible; and

d.

Increasing the City's resistance to future disasters.

(2)

Determine if a proposed development is located in the regulatory floodway or floodplain.

(3)

Require submittal of and review all Floodplain Development Permit applications for the following:

a.

Compliance with the encroachment provisions for development in a floodway or floodplain.

b.

Compliance with the requirements of this chapter.

c.

To determine that all necessary permits have been obtained from 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.

(4)

Require submittal of the following for inclusion in the City's information file:

a.

The actual elevation provided by a registered licensed engineer/surveyor (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, whether or not the structure contains a basement.

b.

For all new or substantially improved floodproofed structures,

1.

The actual elevation provided by a registered licensed engineer/surveyor (in relation to mean sea level) to which the structure has been floodproofed.

2.

Floodproofing certifications required in this chapter.

c.

Records pertaining to the provisions of this chapter shall be available for public inspection.

(5)

Require the following prior to authorizing alteration of watercourses:

a.

A permit issued by the Salt Lake County Division of Flood Control and Water Quality for any alteration of a watercourse identified as a flood control facility in the ordinances of Salt Lake County or succeeding provision.

b.

A permit issued by the State Engineer for alteration of a natural stream channel.

c.

Maintenance agreement or other arrangement approved by the City for future maintenance planned to prevent reduction of the flood-carrying capacity within the altered or relocated portion of the watercourse.

d.

Notification to cities adjacent to the watercourse and to the State of Utah, Division of Comprehensive Emergency Management, prior to any alteration or relocation of a watercourse and evidence of such notification to be submitted to the Federal Emergency Management Agency.

(6)

Interpret flood insurance rate maps and boundaries as follows:

a.

The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the boundaries of the SFHA. Any person contesting the location of a boundary may appeal the interpretation as provided in this chapter.

b.

When BFE data has not been provided by FEMA, the Floodplain Administrator may obtain, review, and 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 chapter.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

Permit Required. It shall be unlawful to engage in development, new construction, substantial improvement, repair of substantial damage or permanent storage of materials or equipment in the floodplain overlay zone without first obtaining a Floodplain Development Permit.

(b)

Application. Prior to any development, new construction, substantial improvement, repair of substantial damage or permanent storage of materials or equipment within the floodplain overlay zone, an application for Floodplain Development Permit must be made on forms furnished by the Public Utilities Department. The application shall conform to the requirements of this chapter and shall include plans drawn to scale showing the nature, location, dimensions, and elevations of the proposed development, existing and proposed structures, landscaping, fill, storage of materials, drainage facilities, and accurately showing the boundaries of SFHAs as shown on current FEMA maps. Specifically, the following information is required:

(1)

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

(2)

Elevation in relation to mean sea level of floodproofing for each nonresidential structure;

(3)

A certificate from a registered professional engineer or architect that each nonresidential floodproofed structure meets the floodproofing criteria of this chapter;

(4)

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of development.

(c)

Public Documents. Copies of all Floodplain Development Permits and the associated documents shall become property of Sandy City and a public record.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

Regulatory Floodway. Development, new construction, substantial improvements, repair of substantial damage, and permanent storage of materials or equipment are prohibited in a regulatory floodway, except as provided for in this chapter. A Floodplain Development Permit shall not be issued for property within a regulatory floodway unless: (1) the regulatory floodway is relocated in accordance with the provisions of this chapter and other applicable laws, ordinances and regulations; or (2) a no-rise certification is provided.

(b)

Outside of Regulatory Floodway. If a regulatory floodway has not been designated, development, new construction, substantial improvements, repair of substantial damage, and permanent storage of materials or equipment are prohibited within Zones A1-30, AE, and AH on the City's FIRM, unless it is demonstrated that the cumulative effect of the development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the City as follows:

(1)

More than 1.00 feet; or

(2)

More than the higher standard options for Zones A1-30, AE, and AH adopted by the City on the City's FIRM. Applicant may initiate FIRM revision through the CLOMR process under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP Regulations. The City 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 one foot, provided that the requirements of Section 65.12 for a conditional FIRM revision through FEMA's CLOMR process are met.

(c)

Adverse effects. If the Floodplain Administrator determines that the proposed development may adversely affect the BFE(s), boundaries of the floodplain or any insurable structure, the applicant shall submit technical justification. If requested by the Floodplain Administrator based on review of the technical justification, the applicant shall submit a CLOMR or LOMR prior to the Floodplain Development Permit approval or as a requirement of the permit.

(d)

Relevant Factors. Approval or denial of a Floodplain Development Permit for development, new construction, substantial improvements, partial or total repair of substantial damage that is not prohibited shall be based on all of the provisions of this chapter and consideration of the following relevant factors:

(1)

Whether materials may be swept into other lands.

(2)

Possible flooding or erosion damage.

(3)

The susceptibility of structures and contents to flood damage and the effect of such damage on current and future owners.

(4)

The importance of the services provided by the proposed facility to the City.

(5)

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

(6)

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

(7)

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

(8)

The relationship of the proposed use to the General Plan and floodplain impacts for that area.

(9)

Access to the property in times of flood for ordinary and emergency vehicles.

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(11)

The costs of providing services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.

(12)

Other factors articulated in the approval or denial.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

If, prior to development, developer or property owner obtains a CLOMR from FEMA the property owner or developer shall submit a LOMR to FEMA within six months after project completion.

(b)

If development alters a watercourse, modifies floodplain boundaries, or modifies BFE the property owner or developer shall submit a LOMR to FEMA within six months after project completion.

(c)

The property owner or developer shall prepare technical data to support the CLOMR or LOMR application and shall pay any processing or application fees to FEMA. The property owner or developer shall submit 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.

(d)

The Floodplain Administrator may sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, only after the applicant demonstrates that the development will or has met the requirements of this chapter and all applicable state, federal, and local laws.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

Appealing the Floodplain Administrator's Decision. The applicant, a board or officer of the City, or any person adversely affected by the Floodplain Administrator's decision administering or interpreting this chapter may, within the time period provided by ordinance, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or interpretation of this chapter.

(b)

Panel of Experts for Floodplain Overlay Zone. An applicant who has appealed a decision of the Floodplain Administrator may request the City to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal. If the applicant makes a request for a panel of qualified experts, the City shall assemble the panel, which shall consist of, unless otherwise agreed to by the applicant and the City:

(1)

One expert designated by the City:

(2)

One expert designated by the applicant; and

(3)

One expert chosen jointly by the City designated expert and the applicant's designated expert.

(c)

Conflict; Costs. No member of the panel of experts shall be associated with the application that is the subject of the appeal. The applicant shall pay one-half of the cost of the panel in addition to the City's appeal fee established by the City Council.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

Compliance with FEMA Required. The Planning Commission may grant a special exception in accordance with this section if the Floodplain Administrator determines the special exception is permitted by FEMA.

(b)

Property Contiguous to Existing Structures. If a lot is contiguous to and surrounded by lots with existing structures constructed below the base flood level, a property owner may request a special exception from the Planning Commission for the lowest floor elevation of new construction, substantial improvements or repair of substantial damage.

(1)

Qualifications. The exception is limited to the following:

a.

The lot must be one-half acre or less in size or subject to additional technical justifications.

b.

The development, new construction, substantial improvement or repair of substantial damage shall not cause an increase in flood levels during the base flood discharge.

c.

Compliance with Section 21-16-21:(a)(1) through (11) shall be required.

(2)

Required Findings. A special exception shall only be issued if Planning Commission finds the following:

a.

The special exception is the minimum necessary to afford relief and minimizes the flood risk to the maximum extent practicable.

b.

There is good and sufficient cause.

c.

Failure to grant the special exception would result in exceptional and undue hardship to the applicant;

d.

Granting of a special exception 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; and

e.

Applicant is aware that if a special exception is granted, the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation allowed by the special exception.

(c)

Structures Listed on the National Register of Historic Places or the State Inventory of Historic Places. If a substantial improvement or repair of substantial damage is for reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, a property owner may request a special exception from the requirements of this chapter from the Planning Commission.

(1)

Qualifications. The special exception is limited to reconstruction, rehabilitation or restoration of the listed structure.

(2)

Required Findings. A special exception shall only be issued if Planning Commission finds that the structure is listed on the National Register of Historic Places or the State Inventory of Historic Places.

(d)

Information to be Submitted. An applicant for a special exception shall submit the following:

(1)

Alternatives;

(2)

Technical justification for the request;

(3)

Description of the need for the special exception;

(4)

Evidence that there will be no increase in flood levels during the base flood discharge; and

(5)

Verification that applicant is aware that the cost of flood insurance will be affected.

(e)

Imposition of Additional Requirements. Upon consideration of the factors noted above and the intent of this chapter, Planning Commission may attach such conditions to the granting of special exceptions as it deems necessary to further the purpose and objectives of this chapter.

(f)

Appeal. Any person or persons aggrieved by the decision of the Planning Commission may appeal such decision to the Board of Adjustment.

(g)

Record of Special Exception. The Floodplain Administrator shall maintain a record of all actions involving a special exception and shall report special exceptions to FEMA and the State Coordinating Agency upon the issuance of a special exception.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

Except as permitted by this section, it shall be unlawful to engage in development, new construction, substantial improvements, repair of substantial damage or permanent storage of materials or equipment in regulatory floodways.

(b)

Except as permitted by this section, it shall be unlawful to encroach upon regulatory floodways, including fill, development, new construction, substantial improvements, repair of substantial damage, and permanent storage of materials or equipment.

(c)

A Floodplain Development Permit may be granted by the Floodplain Administrator within the regulatory floodway if a registered professional engineer or registered professional land surveyor certifies, in writing signed and stamped by the professional engineer or surveyor, that encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge. The written certification shall include all calculations and other information as requested by the Floodplain Administrator. If an exception is granted, the following shall apply:

(d)

All encroachments, development, new construction, substantial improvements, repair of substantial damage, and permanent storage of materials or equipment shall comply with all applicable provisions of this section.

(e)

Applicant must first coordinate a conditional FIRM and regulatory floodway revision through FEMA before any encroachment may be permitted.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

Substantial improvements and repairs to substantial damage shall comply with provisions of this chapter.

(b)

For purposes of this chapter the following terms shall have the following definitions:

(1)

Substantial improvement means any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, if the cumulative cost of the entire project equals or exceeds 50 percent, unless a higher standard option is selected below, of the market value of the structure only (not of the structure and land value combined) before the improvement or repair is started then the work shall be considered as substantial improvement. If the structure has sustained substantial damage, any repairs are considered substantial improvements regardless of the actual repair work performed. For substantial damage, refer to Section 21-16-25: Substantial Damage. The term does not, however, include either:

a.

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as a historic structure.

(2)

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure only, unless a higher standard option is selected, before the damage occurred. This term also applies to structures which have incurred any damage that equals or exceeds 50 percent of the structure's market value regardless of the actual repair work performed. When a structure or building has been determined as substantially damaged, any work or repair on said structure or building will be considered as substantial improvement and will be required to meet the development requirements set forth within this ordinance for substantial improvement.

(c)

The Floodplain Administrator shall determine if a building permit application involves substantial improvements or repair of substantial damage as follows:

(1)

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.

(2)

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.

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of other permits issued for improvements and repairs.

(4)

Utilize FEMA's Substantial Improvement/Substantial Desk Reference when making any determination on substantial improvement and/or substantial damage.

(5)

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.

(6)

If it is determined that the work constitutes substantial improvement or partial or complete repair of substantial damage, compliance with this chapter is required.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021; Ord. No. 21-33, § 1(Exh. A), 12-7-2021)

In addition to the general development standards found elsewhere in this title, the following standards shall be required for all new construction, placement of manufactured homes, substantial improvements, partial or complete repair of substantial damage, and permanent storage of materials or equipment in the floodplain overlay zone:

(1)

Anchoring.

a.

Anchoring shall be required to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads.

b.

Anchoring for manufactured homes shall use 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. Specific requirements include:

1.

Over-the top ties at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations. Manufactured homes less than 50 feet long may require one additional tie per side.

2.

Frame ties provided at each corner of the home with five additional ties per side at intermediate points. Manufactured homes less than 50 feet long may require four additional ties per side.

3.

Components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

4.

Additions to the manufactured home shall be similarly anchored.

(2)

Construction Materials and Methods.

a.

Materials and utility equipment shall be resistant to flood damage.

b.

Construction methods and practices shall minimize flood damage.

c.

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

d.

Within Zone AH on the city's FIRM, adequate drainage paths shall be designed and constructed around structures on slopes to guide floodwaters around and away from proposed structures.

(3)

Utilities.

a.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

b.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into floodwaters.

c.

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

(4)

Development Applications.

a.

All subdivision applications including the development of manufactured home parks and subdivisions shall be consistent with the provisions of this chapter, shall have adequate drainage provided to reduce exposure to flood hazards, and shall meet Development Permit requirements of this chapter.

b.

BFE data shall be generated by the developer for any subdivision or other proposed development including the development of manufactured home parks and subdivisions, which is greater than 50 lots or five acres, whichever is lesser.

c.

All development including the development 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 flood damage.

d.

All development shall have adequate drainage provided to reduce exposure to flood damage.

e.

FEMA approved base flood elevation data shall be provided for development applications.

(5)

Residential Construction. Each residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit certified elevations to the Floodplain Administrator that the standards of this chapter are satisfied.

(6)

Nonresidential Construction. Each commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

a.

Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

b.

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

c.

Be certified by a registered professional engineer or architect that the standards of this Subsection (6) are satisfied. Such certifications shall be provided to the Floodplain Administrator; and

d.

If the use or occupancy of the building changes in the future to residential, then the dry floodproofing of the structure shall not be used when determining compliance of the structure to the requirements of this chapter. A building converted from commercial to residential use will be required to comply with the residential construction requirements of this chapter.

(7)

Enclosures Below the Lowest Floor. 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 shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

a.

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

b.

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

c.

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

d.

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.

e.

For any nonresidential construction that has an enclosure below the lowest floor, a non-conversion agreement must be completed as part of the permitting process. The non-conversion agreement:

1.

Acknowledges the risk associated with this building practice;

2.

Acknowledges the use of the area that was permitted as an enclosure will be used solely on a nonresidential accessory structure of low value whose usage is only for building access, parking or storage; and

3.

Allows for City, state and/or federal officials to conduct periodic inspections to ensure compliance.

(8)

Manufactured Homes.

a.

All manufactured homes within Zone A on the City's FHBM or FIRM shall be installed using methods and practices that minimize flood damage.

b.

Manufactured homes shall 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.

c.

Manufactured homes within Zones A1-30, AH, and AE on the City's FIRM on sites outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot above the BFE, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

d.

Manufactured homes within Zones A-1-30, AH, AO and AE on the City's FIRM on sites in an existing manufactured home park shall be elevated so that the lowest floor is at or above one foot above the BFE; or the chassis is supported by reinforced piers no less than 36 inches in height above grade and securely anchored.

(9)

Recreational Vehicles. Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the City's FIRM shall: (a) be on-site for fewer than 180 consecutive days, be fully licensed and ready for highway use; or (b) be subject to a Floodplain Development Permit and meet elevation and anchoring requirements for manufactured homes.

a.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

b.

This only applies to recreational vehicles that are:

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

4.

Designed primarily, not for use as a permanent dwelling but, as temporary living quarters for recreational, camping, travel, or seasonal use.

(10)

Crawlspace.

a.

Structures 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:

b.

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 per second unless the design is reviewed and approved by a qualified design professional, such as a registered architect or professional engineer.

c.

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 above the LAG.

d.

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. The flood opening must allow floodwaters to automatically enter and exit the enclosure as required by FEMA Technical Bulletin 1.

e.

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.

f.

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.

g.

The interior grade of a crawlspace below the BFE must not be more than two feet below the LAG.

h.

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 at any point.

i.

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.

j.

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.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021; Ord. No. 21-33, § 1(Exh. A), 12-7-2021)

(a)

Adoption of Printed Volume. Pursuant to the authority granted to the City by the laws of the State of Utah, the City hereby adopts by reference the provisions contained in an ordinance adopted and printed by Salt Lake County. The said ordinance is entitled Chapter 17.10 and was adopted by the Salt Lake County Commission on July 20, 1994, and is entitled "Jordan River Flood Channel Management Ordinance." Copies of said printed ordinance are on file with the City for information and inspection by the public.

(b)

Amendments to Printed Ordinance. The following amendments are hereby adopted with regard to the printed ordinance as set forth in Subsection (a) of this section:

(1)

The provisions of Section 17.10.070.A are hereby amended to read as follows:

"In addition to all required Sandy City permits, licenses and approvals, before construction or development begins within any area of the Jordan River flood channel established by Section 17.10.030, approval must be obtained from, and a special permit issued by, the County Engineering Division. Application for such approval and permit shall be made on forms furnished by the County Engineering Division and shall include, but not be limited to:"

(2)

The provisions of Section 17.10.080 are hereby amended to read as follows:

"Any applicant requesting approval for construction or development within any area of the Jordan River flood channel shall submit to the County Engineering Division and the Sandy City Public Utilities Department six copies of the following studies and reports:"

(c)

Additional Regulations. In addition to those requirements specifically outlined in Chapter 17.10 of the Salt Lake County Code, the following requirements shall be completed prior to development:

(1)

The Jordan River Basin has been identified and mapped by Salt Lake County as having a "high liquefaction potential." Because of this special characteristic of this area, a site-specific natural hazards study for residential subdivisions, single-family structures, multifamily residential structures, industrial, and commercial buildings must be completed and accepted by the Sandy City Engineer before approval for required permits, licenses, and other approvals is issued. The study shall address the soil conditions of the property to be developed, the natural hazards that exist, and proposed mitigation measures to mitigate, if possible, the natural hazards. If the natural hazard cannot be mitigated in a satisfactory manner, no approval shall be given by the Sandy City Engineer.

(2)

All developments shall comply with the recommendations as made by the Jordan River District and Parkway Development Study completed by Bingham Engineering and accepted by Sandy City in February 1995. Copies of that study are on file with the City for information and inspection by the public.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)

(a)

Violation. Failure to fully comply with the requirements of this chapter is a violation. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until that documentation is provided.

(b)

Stop Work Order.

(1)

Authority. The Floodplain Administrator is authorized to issue a stop work order for any work or activity being performed contrary to the provisions of this chapter as determined by the Floodplain Administrator.

(2)

Issuance. The stop work order shall be in writing and shall be given to the property owner, 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 work will be permitted to resume.

(3)

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 enforcement including penalties as prescribed by local or state law.

(Ord. No. 21-08, § 1(Exh. A), 3-23-2021)