050 of 2009 - amending certain Sections of Chapter 18.68, relating to floodplain hazard protection 0 09-1
0 09-29
SALT LAKE CITY ORDINANCE
No. 50 of 2009
(Floodplain Hazard Protection)
An ordinance amending certain Sections of Chapter 1 8.68, Salt Lake City Code,
relating to floodplain hazard protection.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Sections of Chapter 16.68, Salt Lake City Code, pertaining to
floodplain hazard protection be, and the same hereby are, amended to read as follows:
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 (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.
2. "Area of special flood hazard" means 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 is shown on the flood insurance rate map (FIRM) as zone A, AE, AH,
AO, Al-99, VO, V1-30, VE or V.
3. "Base flood" means a flood having a one percent (1%) 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
Floodplain Administrator.
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. "City Floodplain Administrator" means the person designated by the Director of
the Department of Public Utilities to direct the decision-making process that aims to
achieve the wise use of the city's floodplains. "Wise use" means both reduced flood
losses and protection of the natural resources and function of floodplains.
7. "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.
8. "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.
9. "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.
10. "Flood Insurance Rate Map, 'FIRM' means the official, currently effective flood
insurance rate map for Salt Lake City, Utah, as issued by the Federal Emergency
Management Agency "FEMA" and any officially approved amendments (LOMCs)
thereto, on which the floodplain hazard areas and the risk premium zones have been
delineated.
11. "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.
12. "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.
13. "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.
14. "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.
15. "Floodproofing" means any combination of structural or nonstructural 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.
16. "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.
17. "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.
18. "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.
19. "Licensed architect" means an architect who is registered with the department of
registration of the state of Utah.
20. "Letter of Map Change, `LOMC"' means a letter which reflects an official
revision to an effective National Flood Insurance Program map.
21. "Lowest floor" means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood restraint enclosure, usable solely for parking of
2
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
requirements of section 60.3 of the national flood insurance program regulations.
22."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(180)consecutive days.For insurance purposes the term"manufactured
home"does not include park trailers,travel trailers,and other similar vehicles.
23."Manufactured home park"or"manufactured home subdivision"means a parcel
(or contiguous parcels)of land divided into two(2)or more manufactured home lots
for rent or sale.
24."Mean sea level"means,for purposes of the national flood insurance program,
the North American Vertical Datum of 1988(NAVD 88)or other datum to which
base flood elevations shown on a community's flood insurance rate map are
referenced.
25."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.
26."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.
27."Registered land surveyor"means a land surveyor who is registered with the
department of registration of the state of Utah.
28."Registered professional engineer"means a civil engineer who is registered with
the department of registration of the state of Utah.
29."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 similar violations,or reducing federal financial exposure with regard
to the structure or other development.
30."Special Flood Hazard Area,'SFHA"'means the land in the flood plain within
the community subject to a 1 percent or greater chance of flooding in any given year,
which area may be designated as Zone A,AO,AH,A1-30,AE,A99 on the FIRM..
31."Start of construction"applies to both new construction and substantial
improvements and means:
a.Date Of Issuance:The date the building permit was issued,provided the actual
start of construction,repair,reconstruction,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 or on a site,
such as the pouring of slab or footings,the installation of piles,the construction of
3
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 title,or its successor)or other
temporary structure shall be the date on which the relocatable office building is
placed upon an approved site.
32."Structure"means a walled and roofed building,temporary structure,or
manufactured home that is in whole or in part aboveground.
33."Substantial improvements"means any development and/or construction of a
structure,the cost of which equals or exceeds either fifty percent(50%)of the market
value of 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(50%)of the same market value of the structure before the damage
occurred.
34."Violation"means the failure of a structure or other development to fully comply
with these tloodplain management regulations.A structure or other development
without the elevation certificate.other certifications,or other evidence of compliance
required in CFR section 60.3(6)(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.
35."Water surface elevation"means the height,in relation to the NAVD 88(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 SFI IA 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,including the current effective revisions as well as flood insurance rate maps that
may become effective in the future.The boundaries of the floodplain hazard areas are
delineated on the effective flood insurance rate map(FIRM),including any and all
LOMCs which accompanies the flood insurance study.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 any amendments approved by FEMA
after acceptance by the mayor as provided in section 18.68.070 of this chapter or its
successor constitute the boundaries of the floodplain hazard areas governed by the
supplemental regulations of this chapter.A copy 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
4
inspection. The.original shall be kept for certification purposes by the city recorder.
18.68.050 Subdivision Development Approval Procedure:
A. Each application for subdivision approval shall be submitted to the city planner and
applications for building and site development permits shall be submitted to the
building official. Respectively, said officials shall be responsible to:
1. Verify if the location of the proposed development or construction site or any
portion thereof is situated within a SFHA as defined on the flood insurance rate
map(s) as it may be amended and except where such site is located in Zone A where
base flow elevation data is not available or required by this chapter. (Applicants not
otherwise aware of such placement should be notified of the potential application of
this chapter);
2. Determine that the reviews and approvals required by this chapter have been
obtained to satisfy its requirements;
3. Maintain for public inspection the following records pertaining to the provisions
of this chapter:
a. The actual elevation (in relation to mean sea level elevation) of the lowest floor
(including basement) of all new or substantially improved structures, and
specifying whether or not the structure includes a basement,
b. For all new or substantially improved floodproofed structures, verification and
record of the actual elevation of the lowest floor (in relation to mean sea level
elevation) and the floodproofing certification required in provisions of this
chapter.
B. The city planner and/or building official in the administration of this chapter shall
rely on the expertise of the City Floodplain Administrator for technical evaluation
for:
1. Identification of drainways, designated water passage areas or regulated
floodways;
2. Obtain, review and utilize reliable base flood elevation data which may be or
become available for assistance in administering these regulations;
3. At the request of the building official or city planner, review applications for
permits within the floodplain hazard area;
4. Review, as provided below, any requests by said officials or others for
interpretation of the boundaries of the floodplain hazard area where conflicts appear
between the mapped boundaries and actual field conditions;
5. Review and process, as provided below, requests for amendments to the flood
insurance rate map;
6. Maintain one copy of the official flood insurance rate map (FIRM) as amended;
7. Notify periodically the Utah State Division of Water Rights, FEMA and any
affected adjacent communities of alterations or relocation of any watercourse or
drainway which results from permitted development when in the opinion of the City
Floodplain Administrator the alterations or relocations are substantial in nature or
effect.
18.68.060 Applications And Permits:
A. Subdivision Proposals: Subdivision proposals must be submitted and approved and
5
building and/or development permit(s)for development or construction within the
floodplain hazard area must be obtained before such development or construction
begins.Applications for subdivision or other development shall be made to the city
planner upon forms provided.Applications for building or site development permits
shall be made to the building official on forms to be provided.Application forms
shall require applicant to specify if any or all of the property involved in the proposal
is located within the floodplain,as it appears on the flood insurance rate map as
officially amended.
B. Information Required:Additionally,if the property is so situated within the
floodplain,the forms shall require applicants to provide information including,but
not limited to:
I.Plans in duplicate drawn to scale;
2.The nature,location,dimensions and elevations of the land involved;
3.A description and identification of existing or proposed structures,fill,storage of
materials,drainways,drainage facilities and the location of the foregoing;
4.Elevation in relation to mean sea level of the lowest floor(including basement)of
all structures;
5.Elevation in relation to mean sea level to which any structure has been
floodproofed;
6.Type of floodproofing,if any,to be employed;
7.Certification by a registered professional engineer or licensed architect that the
floodproofing methods for any structure meet the applicable floodproofing standards
of section 18.68.090 of this chapter or its successor,and that the flood carrying
capacity within any watercourse is maintained;and
• 8.Where,in the opinion of the applicant,the floodplain boundary or the base flood
elevation data determined by the flood insurance study map is in error,the applicant
shall have his/her professional engineer supply supporting documentation to the City
Floodplain Administrator to verify correct boundaries and elevation data to request
interpretation or amendment as provided in section 18.68.070 of this chapter or its
successor.
18.68.070 Administrative FIRM Amendment:
A. Requests For Amendment Or Interpretation:Request for administrative site specific
amendment(s)to the FIRM or requests for an interpretation of the FIRM boundaries
based on conflicts between the mapped boundaries and actual field conditions shall
be submitted to the City Floodplain Administrator for review.This is not to preclude
the City Floodplain Administrator or FEMA from initiating amendments to the
FIRM.
B. Supporting Documentation and Certification:Such request shall be accompanied by
the applicant's supporting documentation which shall include a certification by a
registered professional engineer.Such certification shall specify that in his/her
professional judgment the boundaries of the FIRM,as they relate to the specific site
under consideration:
1.Are incorrect;or
2.Have been or will be modified by existing or proposed improvements,etc.
C. Engineer Review:After review,if the documentation and request are found to be in
6
order,the City Floodplain Administrator shall submit the request together with
his/her recommendation to the federal emergency management agency to request
consideration of amendment to the FIRM unless FEMA approval has already been
obtained.
D. Administrative Approval Of FEMA Amendment Of FIRM:In the event FEMA,
based on the request and recommendation of the City Floodplain Administrator and
for good cause shown,approves the request and issues an amendment to the FIRM,
the director of the department of public utilities shall submit two(2)copies of the
FEMA amendment to the mayor for approval of administrative amendment to the
official FIRM.Each amendment so approved shall be certified by the city recorder
and numbered consecutively.One copy shall be retained on file with the recorder
and attached to the FIRM and the second copy returned to the City Floodplain
Administrator for attachment to the FIRM and availability for public inspection.
E. Effect Of Administrative FIRM Amendment:Any amendment to the FIRM so issued
by the FEMA and approved by the official executive action of the mayor under this
section or its successor shall become a part of the official FIRM and shall be
incorporated herein by references and have the full force and effect of this chapter as
of the date of the mayor's action.
F. Issuance Of Conditional Permit Pending FIRM Amendment:After the City
Floodplain Administrator has reviewed the request for FIRM amendment and
supporting documentation and arrived at a recommendation favoring amendment,the
City Floodplain Administrator may recommend to the city planner or building
official that a conditional permit be issued pending final FEMA and executive action
within the following limitations:
1.That the difference between the established base flood elevation for the site or
structure and that elevation proposed as part of the FIRM amendment is less that five
feet(5');
2.That the conditional permit is null and void upon FEMA's denial of the request to
amend;
3.To obtain the conditional permit,an agreement must be signed by the property
owners and permittee which:
a.Acknowledges they are proceeding at their own risk,
b.Indemnifies and releases city of and against any and all claims arising out of
the event the permit becomes void,including,but not limited to,stop of work,
additional fees,injunctive relief or other actions which may result,
c.Agreement that in the event of denial of the request to amend,they will take
necessary steps to floodproof the structure according to an approved alternative
plan of corrective work.To secure the performance of such corrective work,a
corporate surety cash bond or letter of credit in an amount equal to the City
Floodplain Administrator's estimate of the costs of the corrective work in the
alternative plan shall be submitted in a form approved by the city attorney prior to
issuance of the permit;
4.No certificate of occupancy may be issued for any structure and no subdivision
plat may be signed by the mayor until the FIRM amendment is approved by the
mayor or the corrective work is completed.
7
18.68.090 Development Standards And Criteria:
No final subdivision plat shall be approved nor shall any site development or building
permit be issued for property located within the floodplain hazard area until the proposed
development, construction, substantial improvement, or work under permit complies with
the following criteria:
A. All proposals for new construction or substantial improvements to existing structures
within the floodplain hazard area(including manufactured homes and temporary
structures or relocatable office buildings) must be designed or modified and
anchored to prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads including the effects of buoyancy and shall
be constructed with materials and utility equipment resistant to flood damage.
B. All proposals for development, construction or substantial improvements (including
replacements) must be provided with water supply systems or sanitary sewage
systems which are designed to minimize or eliminate infiltration of floodwaters into
the system and discharges from the system into floodwater. On site waste disposal
systems must be located so as to avoid impairment of, or contamination from, them
during flooding. All public utilities, including sewer, gas, electricity and water
systems and other service facilities shall be designed, located and/or constructed to
prevent water from entering or accumulating within the components during
conditions of flooding. All public improvements (including, but not limited to,
streets, sidewalks, curbs, and gutter), shall be designed and constructed with
adequate drainage systems to minimize the containment of floodwaters on adjacent
properties.
C. Building or structures and development activities shall be designed and completed on
the site so as to offer minimum obstruction to the flood or floodwaters. Whenever
floodwaters could be four feet (4') or more in depth and have a velocity of two feet
(2') per second or greater on a site, as determined by the City Floodplain
Administrator, buildings or structures shall be constructed and development
activities shall be designed with the longitudinal axis parallel to the direction of the
flood flow. So far as is practicable, buildings or structures shall be placed
approximately on the same flood flow lines as those of adjoining structures.
D. No buildings, structures or earth fill shall be constructed or developed that will:
1. Cause an increase of more than one foot (1') in the probable water surface
elevation in any floodplain hazard area; or
2. Result in storage or processing of flammable, explosive or dangerous materials
within the floodplain hazard area.
E. No buildings, structures, substantial improvements, earth fill or other encroachments
shall be constructed or developed within the regulatory floodway.
F. If a structure has been floodproofed, the elevation of such floodproofing (in relation
to mean sea level) must be certified by a registered professional engineer or
registered land surveyor and must also be submitted to the building official.
G. Adequate drainage paths shall be provided around structures located on slopes within
any AO or AH zone to guide floodwater around and away from proposed structures.
H. Fully enclosed areas in buildings, structures, and substantial improvements below the
8
lowest floor that are subject to flooding shall be designated to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters.Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the following
minimum criteria:A 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.The bottom of all openings shall be no higher than one foot(1')above
grade.Openings may be equipped with screens,louvers,or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
SECTION 2. This section shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City,Utah this 22 day of September
2009.
1
CI IAIRPERSON
ATTEST: _/� crT\4
sty ., I
0111,11 .
.11
CITY RECORDER
Transmitted to Mayor on September 22, 2009
Mayor's Action: )( Approved. Vetoed.
,
/1..I4
MAYOR
9
CITY RECORDER
z.if/,r••.... v4.rf!. *rr
APPROVED AS TO FORM
yw`% Salt Lake Cjfy Moneys Office
N o.......� /: Date 9 °/df
Bill No. 50 of 2009.
Published: 9-26-09
HB_A'r,,29E1S-vl-plooapleln(hdinance_zoos
10