Santa Clara City Zoning Code
TITLE 15
BUILDINGS AND CONSTRUCTION
15.04.010: PERMIT REQUIRED; EXCEPTIONS:
A. It shall be a class C misdemeanor for any homeowner and a class B misdemeanor for any person who receives payment or anything of value to construct or alter any building or structure, except a livestock pasture fence, without first securing the permit required by this chapter.
B. This section shall not apply where the retail cost of the materials used in the construction or alteration is less than five hundred dollars ($500.00), except that it shall apply in the cases where the construction or alteration results in an enlarged structure or affects the walls of the building or structure and complies with adopted state codes. (Ord. 2009-10 § 1)
15.04.020: APPLICATION FOR PERMIT:
A building permit shall be secured from the city upon written application, accompanied by plans and specifications in duplicate and with one PDF digital copy; which must state the specific nature of the construction or alterations to be made. The plan must be verified by the person who will perform or be in charge of the construction or alteration, unless waived by the building official. (Ord. 2010-06)
15.04.030: APPROVAL OF PLAN:
The application and plans shall be forwarded to the building official, who shall review the plan to determine whether the proposed construction or alteration conforms to the building codes and ordinances of this city. The building official shall return the plans to city staff within ten (10) days with the statement "approved" if the plans do conform or "disapproved" if the plans do not conform. If the plans are disapproved, the reasons therefor shall be annexed to the plans. On receipt of an approved plan and payment of the required fee, the city staff shall issue a permit to the applicant together with one set of the approved plan. One set of the plans shall be retained by the city. The building official may revoke at any time a permit which has been issued for any building constructed or being constructed or which would be or result, if constructed, a violation of any ordinance of this city. (Ord. 2009-10 § 1)
15.04.040: VARIATIONS OF PLAN PROHIBITED:
No material variation from the approved plan shall be allowed unless such variations shall first have been approved in writing by the building official. (Ord. 2009-10 § 1)
15.04.050: FEE SCHEDULE:
The city shall collect a fee for the application of a permit in the amount set forth by the city. (Ord. 2009-10 § 1)
15.06.010: SANITARY FACILITIES:
No construction of any type shall be permitted within the city unless adequate sanitary facilities are provided at the job site and available at all times that workers are present unless approved by the building official. Such sanitary facilities shall be available within two hundred feet (200') of any construction area, and in the event such facilities are already so located, the contractor shall have written consent for use of the same by workers on the job. Such facilities shall not be placed on city streets or sidewalks and shall not impede pedestrian or vehicular traffic at any time. (Ord. 2006-03 § 1)
15.06.020: DISPOSAL OF WASTE; BURNING BY PERMIT:
No construction of any type shall be permitted within the city unless a bin, receptacle or other adequate enclosure is provided within one hundred feet (100') of any construction activity for the disposal of garbage, waste and construction debris of all types. Such bin, receptacle or enclosure shall be considered adequate only if it is able to fully protect its contents from being scattered or disbursed by the wind or otherwise, and it must be amenable to ready transfer of its contents to the landfill when full. Burning at a construction site shall be unlawful unless expressly made the subject of a permit by the fire chief. Such bin, receptacle or enclosure shall not be placed on city streets or sidewalks and shall not impede pedestrian or vehicular traffic at any time. (Ord. 2006-03 § 1)
15.06.030: PENALTY:
Violation of this chapter shall be a class B misdemeanor and, upon conviction, subject to penalty as provided in section 1.16.010 of this code, and each day that a violation continues shall be considered to be a separate offense. (Ord. 2006-03 § 1)
15.08.010: ADOPTION:
A. The edition of the International Building Code, as currently adopted by the State of Utah, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical elements and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such structures; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said building code, is hereby referred to and adopted as the Building Code for Santa Clara City, together with the additions, insertions, and changes specifically set forth in this chapter.
B. Revisions: The following sections are hereby revised:
Section 101.1: Insert: Santa Clara City.
Section 1612.3: Insert: Santa Clara City, April 2, 2009 - LOMR December 31, 2019.
(Ord. 2022-24: Ord. 2014-05)
15.08.020: PERMIT FEE SCHEDULE:
The building permit fee schedule for Santa Clara City shall be assessed by applying the current building valuation data published by International Code Council as it relates to area, classification, and occupancy. (Ord. 2022-24: Ord. 2002-12 § 1)
15.10.010: ADOPTION:
A. The edition of the International Energy Conservation Code, as currently adopted by the State of Utah, regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems, is hereby referred to and adopted as the Energy Conservation Code for Santa Clara City.
B. Revisions: The following sections are hereby revised:
Section 101.1 Insert: Santa Clara City.
(Ord. 2022-24: Ord. 2014-05)
15.12.010: ADOPTION OF ABATEMENT OF DANGEROUS BUILDINGS CODE:
The "uniform code for the abatement of dangerous buildings", 1997 edition, printed as a code in book form by the International Conference Of Building Officials (providing for a just, equitable and practicable method whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished), three (3) copies of which have been filed for the use and examination by the public in the office of the city recorder of this city, is approved and adopted as the abatement of dangerous buildings code of this city. (Ord. 98-08 § 2: prior code § 10-341)
15.12.020: APPLICATION:
The provisions of the abatement of dangerous buildings code shall apply to all dangerous buildings as herein defined, which now exist or which may exist or hereafter be constructed in this city. (Prior code § 10-342)
15.12.030: ALTERATIONS, ADDITIONS AND REPAIRS:
All buildings or structures which are required to be repaired under the provisions of the abatement of dangerous buildings code shall be subject to the provisions of the international building code. (Ord. 2010-06)
15.12.040: ABATEMENT OF DANGEROUS BUILDINGS:
All buildings or portions thereof which are determined after inspection by the building official to be dangerous, as defined in the abatement of dangerous buildings code, are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with procedures specified in section 401 of the abatement of dangerous buildings code. (Prior code § 10-344)
15.12.050: ESTABLISHMENT OF A BOARD OF APPEALS:
In order to interpret provisions of the abatement of dangerous buildings code and to hear appeals provided for thereunder, there is established an abatement of dangerous building board of appeals consisting of five (5) members who shall not be employees of the municipality. The building official shall be an ex officio member of and shall act as secretary to the board. The board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the applicant with a copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in the adopted codes, copies of all rules and regulations adopted by the board shall be delivered to the building official who shall make them accessible to the public without cost. (Prior code § 10-345)
15.12.060: DANGEROUS BUILDING; NUISANCES:
All dangerous buildings within the terms of this chapter are declared to be public nuisances and shall be vacated or demolished as hereinbefore and hereinafter provided. (Prior code § 10-346)
15.14.010: ADOPTION:
A. The edition of the International Existing Building Code, as currently adopted by the State of Utah, for regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, is hereby adopted, and referred to as the Existing Building Code for Santa Clara City.
B. Revisions: The following sections are hereby revised:
Section 101.1 Insert: Santa Clara City.
(Ord. 2022-24: Ord. 2014-05)
15.16.010: ADOPTION:
The edition of the National Electrical Code, as published by the National Fire Protection Agency and currently adopted by the State of Utah, regulating minimum electrical standards to ensure the protection of life and property by regulating the installation and repair of all electrical, wiring, equipment is hereby referred to and adopted as the Electrical Code for Santa Clara City. (Ord. 2022-24: Ord. 2014-05)
15.16.020: PERMITS:
No alterations or additions shall be made in existing wiring, nor shall any wirings or any apparatus which generates, transmits, transforms, or utilizes any electricity be installed without first obtaining a permit therefor except minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, and repairing drop cords. Applications for such permit describing such work shall be made in writing and shall conform as far as practicable to the requirement set forth in section 15.04.020 of this title. (Ord. 2022-24: Prior code § 9-542)
15.16.030: PERMIT FEES:
The applicable electrical permit fees in this city shall be included as part of a building permit which is required prior to initiating any work. The fee amount shall be determined and established by resolution by the city council. (Ord. 2022-24: Ord. 2001-07 § 1: prior code § 9-543)
15.18.010: ADOPTION:
A. The edition of the International Swimming Pool and Spa Code, as currently adopted by the State of Utah, regulating the design, safety, construction, quality of swimming pools, spas, hot tubs, aquatic facilities, and related equipment is hereby referred to and adopted as the Swimming Pool and Spa Code for Santa Clara City.
B. Revisions: The following sections are hereby revised:
Section 101.1: Insert: Santa Clara City.
(Ord. 2022-24: Ord. 2014-05)
15.20.010: ADOPTION:
The Fire Chief or designee responsible for fire code enforcement, shall use the current edition of the International Fire Code (IFC) as adopted by the State of Utah Legislature. This includes appendices A-N as recommended by the Western Fire Chiefs Association and the International Code Council, and printed as a code in book form, copies of which have been and are now filed in the office of the city recorder for the use and examination by the public. Such edition of the fire code shall be and is hereby adopted as the fire code of the city of Santa Clara, for the purpose of prescribing regulations governing conditions hazardous to life and protecting property from fire or explosion; and as adopted and amended by the state of Utah, together with amendments thereto in the future made by the state as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in subsequent sections of this chapter. (Ord. 2024-03: Ord. 2022-24: Ord. 2014-05)
15.20.020: ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION:
A. The fire code shall be enforced by the bureau of fire prevention in the fire department of the city, which is established, and which shall be operated under the supervision of the chief of the fire department.
B. The chief of the fire department may detail such members of the fire department as inspector as shall from time to time be necessary. The chief of the fire department shall recommend to the mayor the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. (Ord. 2022-24: Prior code § 10-152)
15.20.030: DEFINITIONS:
CORPORATION COUNSEL: | As used in the international fire code, means the attorney for this city. |
JURISDICTION: | As used in the international fire code, means the boundaries of this city. (Ord. 2022-24: Ord. 2008-15 § 1) |
15.20.040: AMENDMENTS MADE IN THE INTERNATIONAL FIRE CODE:
Any amendments to the international fire code shall be set forth in the appropriate appendix to this code. (Ord. 2022-24: Ord. 2008-15 § 1)
15.20.050: APPEALS:
Whenever the chief shall disapprove an application, refuse to grant a permit for which application has been received, or when it is claimed that the provisions of the fire code do not apply or that the true intent and meaning of the fire code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the chief to the city council within thirty (30) days from the date of such decision. (Ord. 2022-24: Prior code § 10-158)
15.20.060: FIRE PREVENTION PROCESSES REQUIRING PERMIT FEE(S):
The building inspector and the Fire Marshal shall act as a committee to determine and specify any new materials, processes, or occupancies, which shall require permit fees in addition to those now enumerated in the fire code. The Santa Clara-Ivins Fire Rescue Prevention Fees Schedule, as adopted by resolution of the City Council from time to time, will be available upon request. (Ord. 2024-03: Ord. 2022-24: Prior code § 10-159)
15.20.070: VIOLATION; PENALTY:
A. Any person who shall violate any of the provisions of the international fire code for failure to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction within the time fixed herein shall, severally for each and every such violation and noncompliance respectively, be guilty of a class B misdemeanor punishable by a fine of not less than twenty five dollars ($25.00) nor more than one thousand dollars ($1,000.00) or by imprisonment of not more than six (6) months or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit such to continue. All persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited condition. (Ord. 2022-24: Ord. 2008-15 § 1: Ord. 2006-04 § 1: prior code § 10-160)
15.22.010: ADOPTION:
A. The edition of the International Fuel Gas Code, as currently adopted by the State of Utah regulating installation of gas piping from the point of delivery to the inlet connections of appliances and the installation and operation of gas appliances installed in residential and commercial applications is hereby referred to and adopted as Fuel Gas Code for Santa Clara City.
B. Revisions: The following sections are hereby revised:
Section 101.1: Insert: Santa Clara City.
(Ord. 2022-24: Ord. 2014-05)
15.24.010: ADOPTION:
A. The edition of the International Mechanical Code, as currently adopted by the State of Utah, regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to use or maintenance of mechanical systems is hereby referred to and adopted as the Mechanical Code by Santa Clara City.
B. Revisions: The following sections are hereby revised:
Section 101.1: Insert: Santa Clara City.
(Ord. 2022-24: Ord. 2014-05)
15.24.020: PERMIT FEES:
The applicable mechanical permit fees in this city shall be included as part of the building permit which is required prior to initiating any work. The fee amount shall be determined and established by resolution by the city council. (Ord. 2022-24: Ord. 2001-12 § 1)
15.28.010: ADOPTION:
A. The edition of the International Plumbing Code, as currently adopted by the State of Utah, regulating installation, alteration, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and accessories connected to water and sewer systems, is hereby referred to and adopted as the Plumbing Code for Santa Clara City.
B. Revisions: The following sections are hereby revised:
Section 101.1: Insert: Santa Clara City.
(Ord. 2022-24: Ord. 2014-05)
15.28.020: PERMIT FEES:
The applicable plumbing permit fees in this city shall be included as part of the building permit which is required prior to initiating any work. The fee amount shall be determined and established by resolution by the city council. (Ord. 2022-24: Ord. 2001-08 § 1: prior code § 9-562)
15.30.010: ADOPTION:
A. The current edition of the International Residential Code, as adopted by the State of Utah, regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one and two (2) family dwellings and multiple single family dwellings (townhouses) not more than three (3) stories in height with separate means of egress; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code, is hereby referred to and adopted as the Residential Code for Santa Clara City, together with the additions, insertions, and changes specifically set forth in this chapter.
B. Revisions: The following sections are hereby revised:
Section R101.1: Insert: Santa Clara City.
Table R.301.2(1): Insert: Ground Snow Load 21 lbs. Roof Snow Load - 15 lbs. Wind Speed (mph) - 115. Seismic Design Category D - soils/engineering. Weathering - moderate/severe. Frost Line Depth - 12 inches. Termite - moderate to heavy. Decay - none/slight. Design Temperatures - winter dry bulb 2.5% 102°, summer wet bulb 2.5% 70°.
Section P2603.5.1: Insert: 12 inches; 12 inches.
(Ord. 2022-24: Ord. 2014-05)
15.30.020: PERMIT FEE SCHEDULE:
The building permit fee schedule for Santa Clara City shall be assessed by applying the current building valuation data published by International Code Council as it relates to area, classification, and occupancy. (Ord. 2022-24)
15.32.010: DISPLAY OF PROPERTY NUMBERING REQUIRED:
Owners of all residential and commercial properties within the city shall identify the street address of each such property by attaching thereto and maintaining the numbers representing such street address. Numbering shall be not less than three inches (3") high and two inches (2") wide and shall be placed in an unobstructed location on the primary structure on the property, clearly visible from the street. The numbering required by this section shall be in place not later than the following times:
A. Completed and occupied structures: Sixty (60) days after the effective date of the ordinance codified in this section;
B. New structures: At or prior to occupancy. (Ord. 96-98 § 1: prior code § 9-658)
15.40.010: ADOPTED:
The "Regulations For Individual Wastewater Disposal Systems", adopted February 5, 1984, revised May 21, 1984, and published by the Utah department of health, three (3) copies of which have been filed with the recorder for use and examination by the public, is adopted. (Prior code § 9-610)
15.44.010: ADOPTED:
Part V, "Small Underground Wastewater Disposal Systems", of the code of waste disposal regulations, adopted by the Utah division of health and Utah state committee on water pollution in May, 1965, as revised by action of the board June 2, 1967 and June 21, 1967, and issued and published as a code in book form, three (3) copies of which have been filed for use and examination by the public in the office of the recorder, is adopted by the city as the small underground wastewater disposal systems code within the city, except as it may be altered or modified by the provision of this or the preceding chapter. Occupancies in existing building may be continued as provided in section 104(g) of the uniform building code, except as to those structures which are found to be substandard as defined in the housing code. (Prior code § 9-620)
15.36.010: STATUTORY AUTHORIZATION:
The legislature of the state of Utah has in section 10-8-84 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses and promote the public health, safety, and general welfare of its citizenry. (Ord. 2009-04 § 1)
15.36.020: FINDINGS OF FACT:
A. The flood hazard areas of Santa Clara City are subject to periodic inundation which results in 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 flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (Ord. 2009-04 § 1)
15.36.030: STATEMENT OF PURPOSE:
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
F. 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;
G. Ensure that potential buyers are notified that property is in a flood area; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 2009-04 § 1)
15.36.040: METHODS OF REDUCING FLOOD LOSSES:
In order to accomplish its purposes, this chapter uses the following methods:
A. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or which result in damaging increases in erosion hazard, or cause excessive increases in flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
D. Control filling, grading, dredging and other development which may increase flood damage;
E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 2009-04 § 1)
15.36.050: DEFINITIONS OF WORDS AND PHRASES:
Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application:
ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
AREA OF SHALLOW FLOODING: A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zone A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT: Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING: A nonbasement building: a) built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zone V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zone V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of section 60.3(e)(5) of the national flood insurance program regulations.
EROSION HAZARD ZONE: Land adjoining a body of water or adjacent to or partially or wholly within a delineated area of special flood hazard which due to soil instability, is likely to suffer flood related erosion damage. The area may be designated on the erosion hazard zone maps.
EXISTING CONSTRUCTION: Means, for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: 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 a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the federal emergency management agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: An official report provided by the federal emergency management agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary and floodway maps.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters.
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood Or Flooding).
FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the department of the interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;
B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the secretary of the interior; or
2. Directly by the secretary of the interior in states without approved programs.
INFRASTRUCTURE: Roads, bridges, pipelines, cabling, power lines, utility or any other public or private constructed improvement.
LEVEE: A manmade structure; usually an earthen embankment designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the national flood insurance program regulations.
MANUFACTURED HOME: A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MEAN SEA LEVEL: Means, for purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
NEW CONSTRUCTION: Means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION: For other than new construction or substantial improvements under the coastal barrier resources act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or
B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
VARIANCE: A grant of relief to a person from the requirement of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. (For full requirements, see section 60.6 of the national flood insurance program regulations.)
VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the national flood insurance program regulations is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. 2009-04 § 1)
15.36.060: LANDS TO WHICH THIS CHAPTER APPLIES:
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Santa Clara. (Ord. 2009-04 § 1)
15.36.070: BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
The areas of special flood hazard are identified by the federal emergency management agency in a scientific and engineering report entitled, "Flood Insurance Study For Washington County, Utah And Incorporated Areas", dated April 2, 2009. Copies are available for review at the office of the city floodplain administrator. (Ord. 2009-04 § 1)
15.36.080: COMPLIANCE:
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations. (Ord. 2009-04 § 1)
15.36.090: ABROGATION AND GREATER RESTRICTIONS:
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other ordinance, easement, covenant, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 2009-04 § 1)
15.36.100: INTERPRETATION:
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 2009-04 § 1)
15.36.110: WARNING AND DISCLAIMER OF LIABILITY:
The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter 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 chapter or any administrative decision lawfully made hereunder. (Ord. 2009-04 § 1)
15.36.120: ESTABLISHMENT OF DEVELOPMENT PERMIT:
A development permit shall be required to ensure conformance with the provisions of this chapter. Application for a development permit shall be presented to the floodplain administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
A. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
B. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
C. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of subsection 15.36.160B of this chapter;
D. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
E. Maintain a record of all such information in accordance with subsection 15.36.140A of this chapter;
F. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed use with existing and anticipated development;
5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
7. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
10. The relationship of the proposed use to the Santa Clara City general plan designated use for that area. (Ord. 2009-04 § 1)
15.36.125: VARIANCE PROCEDURES:
A. The appeal board as established by the community shall hear and render judgment on requests for variances from the requirements of this chapter.
B. The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
C. Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.
D. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the federal emergency management agency upon request.
E. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this chapter.
F. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in section 15.36.120 of this chapter have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
G. Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter (see section 15.36.030 of this chapter).
H. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
I. 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.
J. Prerequisites for granting variances:
1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.
2. Variances shall only be issued upon:
a. Showing a good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
3. Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
K. 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 subsections A through I of this section are met, and
2. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. 2009-04 § 1)
15.36.130: DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR:
The building official is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. (Ord. 2009-04 § 1)
15.36.140: DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR:
Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
A. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.
B. Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
C. Review, approve or deny all applications for development permits required by adoption of this chapter.
D. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334) from which prior approval is required.
E. 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.
F. Notify, in riverine situations, adjacent communities and the state of Utah, department of natural resources, division of water rights, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.
G. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
H. When base flood elevation data has not been provided in accordance with section 15.36.070 of this chapter, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of article V of this chapter.
I. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.
J. Under the provisions of 44 CFR chapter 1, section 65.12 of the national flood insurance program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot (1'), provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). (Ord. 2009-04 § 1)
15.36.150: GENERAL STANDARDS:
In all areas of special flood hazard 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 water from entering or accumulating within the components during conditions of flooding;
E. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
F. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 2009-04 § 1)
15.36.160: SPECIFIC STANDARDS:
In all areas of special flood hazard where base flood elevation data has been provided as set forth in section 15.36.070 of this chapter, the following provisions are required:
A. Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated a minimum of two feet (2') above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, as proposed in subsection 15.36.120C of this chapter, is satisfied.
B. Nonresidential Construction: New construction and substantial improvements for any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated a minimum of one foot (1') above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.
C. Enclosures: New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1. A minimum of two (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.
2. The bottom of all openings shall be no higher than one foot (1') above grade.
3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
D. Manufactured Homes:
1. Require that all manufactured homes to be placed within zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
2. Require that manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community's FIRM on sites: a) outside of a manufactured home park or subdivision, b) in a new manufactured home park or subdivision, c) in an expansion to an existing manufactured home park or subdivision, or d) 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 two feet (2') above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
3. Require that manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of this subsection D be elevated so that either:
a. The lowest floor of the manufactured home is two feet (2') above the base flood elevation, or
b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six inches (36") in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
E. Recreational Vehicles: Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either:
1. Be on the site for fewer than one hundred eighty (180) consecutive days,
2. Be fully licensed and ready for highway use, or
3. Meet the permit requirements of section 15.36.120 of this chapter, and the elevation and anchoring requirements for "manufactured homes" in subsection D of this section. 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. (Ord. 2009-04 § 1)
15.36.170: STANDARDS FOR SUBDIVISION PROPOSALS:
C. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is less, if not otherwise provided pursuant to section 15.36.070 or article IV of this chapter.
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. (Ord. 2009-04 § 1)
15.36.180: STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES):
Located within the areas of special flood hazard established in section 15.36.070 of this chapter, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet (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 2 feet if no depth number is specified).
B. All new construction and substantial improvements of nonresidential 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 2 feet if no depth number is specified), or
2. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads or effects of buoyancy.
C. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in subsection 15.36.120C of this chapter, are satisfied.
D. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. (Ord. 2009-04 § 1)
15.36.190: FLOODWAYS:
Located within the areas of special flood hazard established in section 15.36.070 of this chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
A. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
B. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.
C. Under the provisions of 44 CFR chapter 1, section 65.12 of the national flood insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. (Ord. 2009-04 § 1)
15.36.200: ESTABLISHMENT OF EROSION HAZARD ZONES:
A. Delineation: Erosion hazard zones (EHZ) are delineated on the Santa Clara City erosion hazard boundary maps on file at the city office.
B. Revision Of Erosion Hazard Zones: EHZ cannot be revised unless a study, sealed by a registered engineer with experience in river mechanics, sediment transport, riverine erosion, hydraulics, and hydrology, is performed that includes the tasks outlined in the "Santa Clara City Construction Design Standards", section 3.4.9.
C. Regulations For Development Within Erosion Hazard Zones: Development within the adopted EHZ may occur only if protected by adequately designed erosion protection. Engineering analyses required to support engineering design of erosion protection are outlined in the Santa Clara construction design standards, section 3.4.9.
1. All new development proposals, including subdivisions, located within an erosion hazard area shall be consistent with the need to minimize flood damage. Proposals within these areas shall comply with the following requirements:
a. Meet all applicable provisions of this chapter;
b. Meet all applicable provisions of the international building code with regard to wall and footing setbacks for slopes, grading, drainage and compaction of fills;
c. Provide an engineering study, prepared by a professional civil engineer licensed to practice in the state, which includes a hydraulic analysis, a historical and geological evaluation of potential erosion hazards, and an analysis of long term channel degradation, movement and bank erosion. The study shall also include recommendations for erosion protection measures, if any. The study shall include the engineer's professional opinion that when the erosion protection measures, if any, are implemented, the proposed development will not be adversely affected by erosion and that the erosion protection measures, if any, will not adversely affect reaches or development upstream, downstream, and across river over a one hundred (100) year planning period;
d. Provide for the perpetual maintenance of the erosion protection, if any, at no cost to the city or other public agency;
e. Provide a maintenance and access easement to any erosion protection. Access to erosion protection, if any, shall be located and constructed so as to minimize flood damage;
f. Obtain necessary section (404) permit from the United States army corps of engineers, and stream alteration permits from the office of the Utah state engineer prior to any construction activity at no cost to the city;
g. Hold the city harmless from all claims resulting from erosion or any other flood related damage to development within an erosion hazard zone by executing a "flood and erosion hazard disclaimer of liability and agreement" and by placing a "notice of hazard" on the final plat if applicable.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed so as to minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
4. Base flood elevation data shall be provided for each lot or building pad for all subdivision proposals and other development.
D. Development In Areas Without NRCS Or City Erosion Protection Improvements: A minimum river corridor width of four hundred feet (400') as defined in the river master plan is established within which no residential structures may be constructed.
1. Allowable Uses:
a. Agriculture: Grading/revegetation to conform with template cross section adopted in the river master plan.
b. Recreation areas (parks, golf courses, etc.): Grading/revegetation to conform with template cross section adopted in the river master plan.
c. Open space.
2. Fences: Fences should be designed to break away during flood events and to not divert flow from its ordinary course, by obstructing floodwater or by catching debris.
E. Development Within NRCS Or City Erosion Protection Improvements: No habitable structures may be constructed between the erosion protection and the river.
1. Allowable uses:
a. Agriculture: Grading/revegetation to conform with template cross section adopted in the river master plan.
b. Recreation/pedestrian areas: Grading/revegetation to conform to template cross section adopted in the river master plan.
c. Open space.
F. Development In Areas Protected By NRCS Or City Erosion Protection Improvements:
1. Allowable uses:
a. Agriculture: Grading/revegetation to conform with template cross section adopted in the river master plan.
b. Recreation areas: Grading/revegetation to conform with template cross section adopted in the river master plan.
c. Structures: Any development behind the NRCS or city erosion protection improvements will be at flood and/or erosion risk from large flow events and should be appropriately sited and protected.
(1) A minimum fifty foot (50') horizontal setback from the levee top is required for all structures. Grading and revegetation to conform to template cross section adopted in the river master plan.
(2) A minimum setback necessary to achieve a three to one (3:1) slope between the top of the levee and structure grade is required. Adequately engineered protection from erosion must be approved prior to construction. All areas to be revegetated to conform with the river master plan.
G. Permit Required: Any development including grading to conform to the river master plan within the EHZ requires a development permit approved by the floodplain administrator. (Ord. 2009-04 § 1)
15.36.210: PENALTIES FOR NONCOMPLIANCE:
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a class B misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than the maximum allowed by statute for a class B misdemeanor or imprisoned for not more than the maximum allowed by statute for such an offense, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city of Santa Clara from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2009-04 § 1)