004 of 2002 - amending chapter 68 of title 18 relating to floodplain hazard prevention . ', 0 02-1
0 02-4
SALT LAKE CITY ORDINANCE
No. 4 of 2002
(Floodplain hazard prevention)
AN ORDINANCE AMENDING CHAPTER 68 OF TITLE 18 OF THE SALT
LAKE CITY CODE, RELATING TO FLOODPLAIN HAZARD PREVENTION.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 68 of Title 18 of the Salt Lake City Code, relating to
floodplain hazard prevention, be, and the same hereby is, amended as follows:
Chapter 18.68
FLOODPLAIN HAZARD PREVENTION
18.68.010 Purpose.
* * *
18.68.020 Definitions.
For purposes of this chapter the following terms mean:
1. "Area of shallow flooding" means a designated AO, AH or VO Zone on
the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet 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.
2. "Area of Special Flood Hazard" means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given year. The
area is shown on the Flood Insurance Rate Map (FIRM) as Zones A, AE, AH, AO, Al-
99, VO, V1-30, VE or V.
3. "Base flood" means a flood having a one percent chance of being equaled
or exceeded in any given year.
4. "Base flood elevation" means the probable water surface elevation (in
relation to mean sea level) of the base flood as determined by or approved by the city
engineer.
5. "Certify" or "certification" means the specific reports, inspections and
tests that are required have been performed in an appropriate manner, and such reports,
inspections, tests and results comply with the applicable requirements of this chapter.
6. "Construction" means any manmade change to improved real property
including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located within the floodplain hazard
area, whether or not the same requires building or other permits under this code.
7. "Development" means any manmade change to improved or unimproved
real property including, but not limited to,buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of equipment or
materials.
8. "Drainway" means a natural or artificial land depression, with or without
perceptible bed and banks, to which surface runoff gravitates to form a continuous or
intermittent flow of water in a definite direction.
9. "Flood Insurance Rate Map, 'FIRM"' means the official Flood Insurance
Rate Map for Salt Lake City, Utah, dated September 21, 2001, as issued by the Federal
Emergency Management Agency "FEMA" and any officially approved amendments
2
thereto, on which the floodplain hazard areas and the risk premium zones have been
delineated.
10. "Flood Insurance Study" means the official report provided by the Federal
Emergency Management Agency that includes flood profiles, the Flood Boundary-
Floodway Map, and the water surface elevation of the base flood.
11. "Flood or Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land area from the overflow of inland or tidal waters
or the unusual and rapid accumulation or runoff of surface waters from any source.
12. "Floodplain." Generally, floodplain(s) is/are a relatively flat area or
lowland(s) adjoining a river, stream, watercourse, ocean or lake which has been or may
be covered by floodwater. Specifically, for purposes of this title, "floodplain(s)" shall be
that area of the city designated within the boundaries of the official Flood Insurance Rate
Map or amendments, which may be subject to periodic inundation in the event of the base
flood.
13. "Floodplain hazard area" means the area containing the floodplain for a
base flood in the city, as designated on the Flood Insurance Rate Map and approved
amendments.
14. "Floodproofing" means any combination of structural or non-structural
additions, changes or adjustments to structures or property which reduce or eliminate
flood damage to improved or unimproved real property, water and sanitary facilities,
structures and their contents.
3
15. "Floodway" means the channel of the 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.
16. "Highest adjacent grade" means the highest natural elevation of the ground
surface prior to construction or development next to the proposed wall of a structure.
17. "Levee system" means 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.
18. "Licensed architect" means an architect who is registered with the
Department of Registration of the State of Utah.
19. "Lowest floor" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood restraint 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 non-elevation design requirements of
Section 60.3 of the National Flood Insurance Program regulations.
20. "Manufactured home" means a structure transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For floodplain
management purposes the term "manufactured home" also includes park trailers,travel
trailers, and other similar vehicles placed on a site for greater than one hundred eighty
consecutive days. For insurance purposes the term "manufactured home" does not include
park trailers, travel trailers, and other similar vehicles.
4
21. "Manufactured home park" or "manufactured home subdivision" means a
parcel (or contiguous parcels) of land divided into two or more manufactured home lots
for rent or sale.
22. "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.
23. "New construction" means structures or substantial improvement thereto
for which the start of construction as defined in this section is commenced on or after the
effective date of the ordinance codified in this chapter.
24. "New development" means any development proposal(s) and/or plan(s)
submitted for approval, for which the development activities as defined in this section
will commence on or after the effective date of the ordinance codified in this chapter.
25. "Registered land surveyor" means a land surveyor who is registered with
the Department of Registration of the State of Utah.
26. "Registered professional engineer" means a civil engineer who is
registered with the Department of Registration of the State of Utah.
27. "Remedy a violation" means to bring the structure or other development
into compliance with state or local floodplain management regulations, or, if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced
include protecting the structure or other affected development from flood damages,
implementing the enforcement provisions of this chapter or otherwise deterring future
5
similar violations, or reducing federal financial exposure with regard to the structure or
other development.
28. "Start of construction" applies to both new construction and substantial
improvements and means:
a. The date the building permit was issued,provided the actual start of
construction, repair, reconstruction, placement or other improvement was within one
hundred eighty days of the permit date. The actual start means either the first placement
of permanent construction of a structure or 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 a 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.
b. Relocatable Office or Structure. Start of construction for a relocatable
office building (defined in Section 18.84.010 of this code, or its successor) or other
temporary structure shall be the date on which the relocatable office building is placed
upon an approved site.
29. "Structure" means a walled and roofed building, temporary structure, or
manufactured home that is in whole or in part above ground.
30. "Substantial improvements" means any development and/or construction of a
structure, the cost of which equals or exceeds either fifty percent of the market value of
6
the structure before the development is started, or, if the development or construction is
undertaken for repair of damage caused by accident or acts of God, fifty percent of the
same market value of the structure before the damage occurred.
31. "Violation" means the failure of a structure or other development to fully
comply with these floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in C.F.R. Sections 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.
32. "Water surface elevation" means 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.
18.68.030 Establishment of floodplain hazard areas.
The floodplain hazard areas within Salt Lake City have been established and
identified by the Federal Emergency Management Agency (FEMA) in a scientific and
engineering report entitled "The Flood Insurance Study for the City of Salt Lake City,
Utah," dated February 1, 1983. The boundaries of the floodplain hazard areas are
delineated on a Flood Insurance Rate Map (FIRM) which accompanies the Flood
Insurance Study and became effective on September 21, 2001. Located within the
floodplain hazard areas are areas designated as floodways. The locations of the
floodways have been computed in the Flood Insurance Study and are contained therein
on Flood Boundary and Floodway Maps. The Flood Insurance Study, accompanying
FIRM and Floodway Maps are hereby adopted by reference and made part of this
chapter. Said Flood Insurance Study together with the FIRM and Floodway Maps and
7
any amendments approved by FEMA after acceptance by the mayor as provided in
Section 18.68.070 or its successor constitute the boundaries of the floodplain hazard areas
governed by the supplemental regulations of this chapter. Two copies of said Flood
Insurance Study together with the accompanying FIRM and Floodway Maps and
accepted amendments shall be filed by the Director of the Department of Public Utilities
and be available for public inspection. The original shall be kept for certification
purposes by the city recorder.
18.68.040 Relationship of floodplain hazard regulations to zoning use districts.
* * *
18.68.050 Subdivision development approval procedure.
* * *
18.68.060 Applications and permits.
* * *
18.68.070 Administrative FIRM amendment.
* * *
18.68.080 Certification of actual elevations required.
* * *
18.68.090 Development standards and criteria.
* * *
18.68.100 Subdivisions, new construction and substantial improvements.
* * *
18.68.110 Floodways.
Floodways located within areas of special flood hazard established in 18.68.030,
are areas designated as floodways. Since the floodway is an extremely hazardous area
8
•
due to the velocity of flood waters 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 the requirements of Section 18.68.110 A. above are satisfied, all new
construction and substantial improvements shall comply with all applicable flood hazard
reduction provisions.
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.
18.68.120 Manufactured home park standards.
* * *
18.68.130 Anchoring of manufactured homes and certain other structures.
* * *
18.68.140 Permits-Withholding, suspension or revocation.
* * *
18.68.150 Warning and disclaimer of liability.
9
* T *
18.68.160 Mandatory and prohibitionary nature of chapter.
* * *
SECTION 2. This ordinance shall take effect immediately upon the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this 15th day of
January , 2002.
l y
Acting IRPERSO
ATTEST:
CHIEF DEPUTY CITY RE ORDER
Transmitted to Mayor on January 16, 2002 •
Mayor's Action: K Approved. Vetoed.
MAY R
HIEF DEPUTY CITY REC RDER
0 Co
(SEAL) ,���,,.:A
Bill No. 4 of 2002. 4`0 e *. , '
Published: January 22, 2002 . ,,i••` ''" D�"'
G'\Ordina0l\18-68 Floodplain Hazard Protection.doc
10