The purpose of this chapter is to establish restrictions on the development of environmentally sensitive land and set forth standards to protect persons or property from geologic or flooding hazards. 

1. Air Pollution: All uses shall not emit an excessive amount or dangerous degree of fumes, dust, smoke, or other form of air pollution. Any use that causes sufficient odor to constitute a nuisance is hereby prohibited. A determination of nuisance due to odor may be established either by a court of competent jurisdiction or by the county legislative body holding a public hearing.
2. Heat Or Radiation: All uses shall not emit an excessive or dangerous degree of heat or radiation.
3. Vibration: No use shall generate vibration that is perceptible off site or damaging to surrounding property.
4. Sound:
   
   1. Exterior electronic two-way conversation systems at any commercial/industrial location shall be allowed so long as the volume of such systems shall be maintained at a level that any message or conversation is not intelligible beyond the property line at any time.
   2. Exterior paging or public address systems, including telephone and music connections, shall not be allowed at any commercial or industrial location. Existing public address systems may remain as they have been installed but shall not be expanded. Exterior public address systems at any institutional, park, or community use shall specifically be considered in the conditional use approval. Temporary public address systems for public celebrations or rallies shall be exempt from these regulations.
   3. All electrical and mechanical systems installed at any commercial/industrial location that is adjacent to a residential use shall provide a buffer such that the equipment cannot be seen or heard above the average noise levels in the area.
   4. All service areas including loading/unloading and garbage or recycled materials pick up shall be located, buffered and operated such that adjacent residential uses will not be disturbed by the use thereof.
5. Light: See chapter 16.21 of this title for regulations regarding outdoor lighting. 

1. Any use shall be prohibited in Wasatch County that emits or discharges liquids or solid material onto the soil or water in amounts that exceed the standards prescribed by the Utah state division of water quality.
2. All developments must comply with the requirements of the state of Utah, department of water quality, regarding the obtaining of a stormwater permit.
3. No septic system may be constructed or otherwise be placed within two hundred feet (200') of any existing septic system.
4. Septic systems will only be allowed on parcels of land that are five (5) acres or larger and the property line is more than three hundred feet (300') from a public sewer collection.
5. The sewer/septic system regulations found herein are in addition to any regulations set forth by the Wasatch City-County health department. In the event of a conflict, the health department regulations shall control. 

1. Approval Required: No development or construction activity, including vegetation removal, grading, excavation, filling, or drainage, shall occur on jurisdictional wetlands without approval from U.S. army corps of engineers and as further outlined herein.
2. Lots: Wetlands may be included as part of any subdivision or development lot. Wetlands may be included as part of the lot provided there is sufficient buildable area outside wetland areas to accommodate the proposed use.
3. No Disruption: No person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy, or alter any area, including vegetation, within stream channels, wetlands and their setbacks as set forth below, except as may be expressly allowed in this chapter.
4. Setbacks: Setbacks shall be as follows for stream channel and wetlands:
   1. All buildings, accessory structures, and parking areas or lots shall be set back at least fifty feet (50') horizontally (map distance), from the delineated edge of a wetland unless approved as a conditional use.
   2. All existing vegetation within the stream corridor or wetland setback area shall be preserved, and where necessary to provide adequate screening, or to repair damaged riparian areas, supplemented with additional native or adapted planting and landscaping.
5. Dwellings: No dwelling, addition or other building used for human habitation shall be constructed within fifty feet (50') of the high water mark of a stream corridor except after a conditional use permit has been authorized by the planning commission. "High water mark of a stream corridor" as used in this section means that point on the bank or shore up to which the presence and action of surface water is too continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or easily recognized characteristics. The planning commission shall not authorize a permit therefor unless the following can be shown:
   1. Adequate measures will be taken to protect both the building and other property from damage due to floods.
6. Definitions:
   
   HIGH WATER MARK: That mark on lakes and streams that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from that of the abutting upland.
   
   STREAM CORRIDOR: Any river, stream, pond, lake, or wetland, together with adjacent upland areas, that supports protective bands of vegetation that line the waters' edge.

1. Applicability: The requirements of this section shall apply to large scale (more than 5 lots or units) developments being planned on property that contains wildlife habitats designated as critical and high value use areas. If information is not available, a wildlife study should be done to make this determination. The planning department may have this study reviewed by the Utah state division of wildlife resources.
2. Buffers: Maintain buffers between areas dominated by human activities and core areas of wildlife habitat.
3. Facilitate Wildlife Movement: Facilitate wildlife movement across areas dominated by human activities by maintaining connections between open space parcels on adjacent and nearby parcels, locating roads and recreational trails away from natural travel corridors used by wildlife such as riparian areas and prohibiting fencing types that inhibit the movement of wildlife species, except directly adjacent to the structures in order to protect adjacent landscaping features.
4. Mimic Local Features: Mimic features of the local natural lands vegetation in developed areas by retaining predevelopment, high quality habitat to the maximum extent feasible, including large patches of natural, vegetated areas that have not yet been fragmented by roads or residential development; minimizing the levels of disturbance to trees, the understory, and other structural landscape features during construction; designing lots in a fashion consistent with local natural habitats by landscaping with native vegetation; enhancing the habitat value of degraded predevelopment landscapes.
5. Clustering Development: Clustering of development to limit the areas to be disturbed. 

No pollution sources or contamination sources as defined in the Utah administrative code for drinking water source protection, shall be allowed in any "source protection zone one" identified on maps maintained by the Wasatch County GIS department and no potential contamination sources shall be allowed in any "source protection zone two" area identified on maps maintained by the Wasatch County GIS department unless design standards are implemented to prevent contamination discharge and approved by the Utah state division of drinking water. 

1. Statutory Authorization: The legislature of the state of Utah delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the county council of Wasatch County, does ordain as follows.
2. Findings Of Facts:
   1. The flood hazard areas of Wasatch County 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.
   2. 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 hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
3. Statement Of Purpose: It is the purpose of this section 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:
   1. Protect human life and health;
   2. Minimize expenditure of public money for costly 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 floodplains;
   6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and
   7. Ensure that potential buyers are notified that property is in a flood area.
4. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this section uses the following methods:
   1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
   2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
   4. Control filling, grading, dredging and other development which may increase flood damage; and
   5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
   6. Require measures that notify potential buyers of flood areas and risks.
      
5. Definitions: Unless specifically defined below, words or phrases used in this section shall be interpreted to give them the meaning they have in common usage and to give this section its most reasonable application.
   
   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 Wasatch County's flood insurance rate map (FIRM) with a one percent (1%) chance 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 Wasatch County 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 zones 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:
   
   1. 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 zones 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
   2. 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 zones 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.
   
   EXISTING CONSTRUCTION: 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 Wasatch County, on which the federal emergency management agency has delineated both the areas of special flood hazards and the risk premium zones applicable to Wasatch County.
   
   FLOOD INSURANCE STUDY: The 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-floodway map.
   
   FLOOD OR FLOODING: 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.
   
   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 Wasatch County 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: The 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:
   
   1. Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;
   2. 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.
   3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or
   4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
   
   a. By an approved state program as determined by the secretary of the interior; or
   b. Directly by the secretary of the interior in states without approved programs.
   
   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: 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 Wasatch County's flood insurance rate map are referenced.
   
   NEW CONSTRUCTION: 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 Wasatch County 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 Wasatch County.
   
   RECREATIONAL VEHICLE: A vehicle which is:
   
   1. Built on a single chassis;
   2. Four hundred (400) square feet or less when measured at the largest horizontal projections;
   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.
   
   START OF CONSTRUCTION: For new construction or substantial improvement, except for new construction or substantial improvement subject to the coastal barrier resources act (Pub. L. 97-348), start of construction 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 above ground, 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 pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure only 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.
   
   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:
   
   1. 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
   2. 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 section when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this section. (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 Wasatch County'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) 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.
   
   
6. General Provisions:
   1. Lands To Which This Section Applies: This section shall apply to all areas of special flood hazard within the jurisdiction of unincorporated Wasatch County.
   2. Basis For Establishing The Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Wasatch County", dated March 15, 2012, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this section. Wasatch County automatically adopts all effective FEMA flood insurance studies (FIS), and all effective FEMA flood insurance rate maps (FIRMs).
   3. Establishment Of Development Permit: A development permit shall be required to ensure conformance with the provisions of this section.
   4. Compliance: No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this section and other applicable regulations.
   5. Abrogation And Greater Restrictions: This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
   6. Interpretation: In the interpretation and application of this section, all provisions shall be:
      1. Considered as minimum requirements;
      2. Liberally construed in favor of the governing body; and
      3. Deemed neither to limit nor repeal any other powers granted under state statutes.
   7. Warning And Disclaimer Of Liability: The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of Wasatch County or any official or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
7. Administration:
   1. Designation Of The Floodplain Administrator: The Wasatch County planning director is hereby appointed the floodplain administrator to administer and implement the provisions of this section and other appropriate section of CFR (national flood insurance program regulations) pertaining to floodplain management.
   2. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
      1. Maintain and hold open for public inspection all records pertaining to the provisions of this section.
      2. Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
      3. Review, approve or deny all applications for development permits required by adoption of this section.
      4. 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.
      5. 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.
      6. Notify, in riverine situations, adjacent communities and the state coordinating agency which is the Utah national flood insurance program coordinator, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.
      7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
      8. When base flood elevation data has not been provided in accordance with subsection F2, "Basis For Establishing The Areas Of Special Flood Hazard", of this section, 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 for flood hazard reduction contained in this section.
      9. 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 Wasatch County'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 Wasatch County.
      10. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, Wasatch County may approve certain development in zones A1-30, AE, AH, on Wasatch County's FIRM which increases the water surface elevation of the base flood by more than one foot (1'), provided that Wasatch County first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).
   3. Requirement to Submit New Technical Data:
      1. The property owner or developer shall notify FEMA by submittal of a LOMR within 6 months of project completion when an applicant had obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.
         
      2. The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.
         
      3. The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this ordinance and all applicable state federal, and local laws.
         
   4. Permit Procedures:
      1. 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:
         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 to which any nonresidential structure shall be floodproofed;
         3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of this section;
         4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
         5. Maintain a record of all such information in accordance with this section.
      2. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this section and the following relevant factors:
         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; and
         10. The relationship of the proposed use to the comprehensive plan for that area.
   5. Variance Procedures:
      1. The Appeals Hearing Officer shall hear and render judgment on requests for variances from the requirements of this section, following the procedural requirements of WCC 2.02.02, but applying the substantive requirements of this subsection.
      2. The Appeals Hearing Officer shall hear and render judgment on an appeal only when an appeal has been filed alleging there is an error in any final requirement, final decision, or final determination made by the floodplain administrator in the enforcement or administration of this section. The burden of proving an error is on the appellant.
      3. Any adversely affect party by the final decision of the Appeals Hearing Officer may appeal such decision in the courts of competent jurisdiction if they have exhausting administrative remedies in accordance with applicable law.
      4. 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.
      5. 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 section.
      6. 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 subsection G3b of this section 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.
      7. Upon consideration of the factors noted above and the intent of this section, the Appeals Hearing Officer may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this section, or may deny the application.
      8. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      9. 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.
      10. 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:
             1. Showing a good and sufficient cause;
             2. A determination that failure to grant the variance would result in an exceptional hardship to the applicant; and
             3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
          3. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      11. Variances may be issued by Wasatch County 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 G4a through G4i 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.
8. Provisions For Flood Hazard Reduction:
   1. General Standards: In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
      1. 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;
      2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
      3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
      4. 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;
      5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
      6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
      7. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
   2. Specific Standards: In all areas of special flood hazards where base flood elevation data has been provided as set forth in: a) subsection F2, b) subsection G2h, or c) subsection H3c of this section, the following provisions are required:
      1. Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated twelve inches (12") or 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 G3a of this section, is satisfied.
      2. Nonresidential Construction: New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated twelve inches (12") or above the base flood level 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.
      3. 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.
      4. Manufactured Homes: This subsection requires that:
         1. All manufactured homes to be placed within zone A on Wasatch County'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. Manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on Wasatch County'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 to twelve inches (12") or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
         3. Manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on Wasatch County's FIRM that are not subject to the provisions of this subsection H2d be elevated so that either:
            1. The lowest floor of the manufactured home is elevated to twelve inches (12") or above the base flood elevation; or
            2. 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.
      5. Recreational Vehicles:
         1. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on Wasatch County'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 subsection G3a of this section, and the elevation and anchoring requirements for "manufactured homes" in subsection H2d 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.
   3. Standards For Subdivision Proposals:
      1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with subsections B, C, and D of this section.
      2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet development permit requirements of subsections F3 and G3 of this section; and the provisions of this subsection H.
      3. Base flood elevation data shall be generated for subdivision proposals and other proposed developments including the placement of manufactured home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to subsection F2 or G2h of this section.
      4. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
      5. 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.
      6. The plat map recorded for all subdivision proposals shall include, at a minimum, an indication of any existing zones on the Wasatch County FIRM, a plat note that describes the flood risk of the zone, and whether flood insurance is required or recommended as determined by the floodplain administrator. The floodplain administrator, in his or her sole discretion, may require additional measures be included to mitigate flood hazards.
         
   4. Standards For Areas Of Shallow Flooding (AO/AH Zones): Land located within the areas of special flood hazard established in subsection F2 of this section, 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:
      1. 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 Wasatch County's FIRM plus twelve inches (12") (at least 2 feet if no depth number is specified).
      2. 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 Wasatch County's FIRM plus twelve inches (12") (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 and effects of buoyancy.
      3. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of subsection G of this section are satisfied.
      4. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.
   5. Floodways: Located within areas of special flood hazard established in subsection F2 of this section 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:
      1. 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 Wasatch County during the occurrence of the base flood discharge.
      2. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance regulations, Wasatch County may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that Wasatch County first applies for a conditional FIRM and floodway revision through FEMA.
      3. If encroachments are permitted under subsections H5a and H5b of this section, all associated new construction and/or substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection.
   6. Penalties For Noncompliance:
      1. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations.
      2. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a class C misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than seven hundred fifty dollars ($750.00) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case.
      3. Nothing herein contained shall prevent Wasatch County from taking such other lawful action as is necessary to prevent or remedy any violation.