HomeMy WebLinkAboutORD 1743BILL NO. 4
ORDINANCE NO. 1743
AN ORDINANCE AMENDING TITLE V, CHAPTER 13 OF THE MUNICIPAL CODE
OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, KNOWN AS THE FLOOD
DAMAGE PREVENTION ORDINANCE, PROVIDING NEW DEFINITIONS FOR THE
TERMS "LOWEST FLOOR," "MANUFACTURED HOME,. PARK AND SUBDIVISION,"
AND "START OF CONSTRUCTION "; DELETING ALL TERMS RELATING TO "MOBILE
HOMES "; REQUIRING USE OF OTHER BASE FLOOD DATA; PROVIDING MANUF-
ACTURED HOME ANCHORING AND ELEVATION STANDARDS, ELEVATION OF MECH-
ANICAL AND UTILITY EQUIPMENT; AND ADEQUATE OPENINGS TO ENCLOSURES
BENEATH LOWEST FLOOR; REQUIRING FLOODPROOFING CERTIFICATIONS; AND
REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL,
IDAHO, that Title V, Chapter 13 of the Caldwell Code shall be
amended as follows:
TITLE V, CHAPTER 13, SECTION 1
SHORT TITLE, STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES
5 -13 -1: (A) SHORT TITLE
This title shall be known and may be recited and referred to
as "The Caldwell Flood Damage Prevention Ordinance." This
title is adopted pursuant to authority granted in Article 12,
Section 2 of the Idaho Constitution, by Title 50, Chapter 3
of the Idaho Code, and by Title 67, Chapter 65 of the Idaho
Code as amended or subsequently codified.
(B) STATUTORY AUTHORIZATION
To promote the public health, safety and general welfare of
its citizenry.
(C) FINDINGS OF FACT
(1) The flood hazard areas of the City of Caldwell are subject
to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expendi-
tures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public
health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which in-
crease flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inade-
quately flood - proofed, elevated or otherwise protected from
flood damage also contribute to the flood loss.
(D) STATEMENT OF PURPOSE
It is the purpose of this ordinance 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:
(1) To protect human life and health;
2 To minimize expenditure of public money for costly flood
control projects,
(3) To minimize the need for rescue and relief efforts associ-
ated with flooding and generally undertaken at the expense
of the general public;
� 4 � To minimize prolonged business interruption;
5 To minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood
hazard;
ORDINANCE - 1
(6) To help maintain a stable tax baseRy providing for the
.second use and development of areas of special flood hazard
so as to minimize future flood blight areas;
(7) To insure that potential buyers are notified that property
is in an area of special flood hazard; and,
(8) To insure that those who occupy for areas of special flood
hazard assume responsibility for their actions.
(E) METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes
methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion haz-
ards, or which result in damaging increases in erosion
or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facili-
ties which serve such uses, be protected against flood
damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers, which help ac-
commodate or channel flood waters;
(4) Controlling filling, grading, dredging and other development
which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
SECTION 2
DEFINITIONS
(A) Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance its most
reasonable application.
(B) "Administrator" is the person appointed by the Mayor and ap-
proved by the City Council to administer this ordinance.
(C) "Appeal" means a request for a review of the Administrator's
interpretation of any provision of this ordinance or a request
for a variance.
(D) "Area of shallow flooding" means a designated AO Zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range
from one to three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; and,
velocity flow may be evident. AO is characterized as sheet flow
(E) "Area of special flood hazard" means the land in the flood plain
within a community subject to a one percent or greater chance of
flooding in any given year.
(F) "Base flood" means the flood having a one percent chance of being
equaled or exceeded in any given year. Also referred to as the
"100 -year flood." Designation on maps always includes the 1 A.
(G) "Development" means any man -made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations located within the area of special flood
hazard.
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�e'��le- lses�e- bets- �e�- �e�'k -e�- safe- €e� wh�e� �l�e eexsg� -e �
€ae���t�es- €e�- se�u�s�ag -th ®- het- ex- wk # tl�e r�eb��e l�es�e -is -te
tae- a € €Ixed- f l"I'Ad "xig - at- S_M1R1_MU1Ra -t ie- ixista��at e�- ep -ut }1" "A
either- €inal- s#te- 9FadIxig -e -tke -Peace g -e - eeRePete -Pa "
ORDINANCE - 2
axid- tl�e- sestie� -e €- sheets }- is- se�eted -lae €ere 'the- a € €est -
ive dat -e €- this- erdi�aoge.
(�) '- '��eaeie�- te- ex- e�isti�g- web #le- �iex3e- pe�i£- er- �el�ile- heave -suh-
sl #pis #ex'- '- a�eaxs- the- preparatiee -e €- add }tie�al -sues- bar - the -se�-
sti%etiea- a €- €aellitles- €e3p- aeFv}eing -the- lets -ex- which- the- mebile
home s -are - te- be- a € €es�- }�elt� lag- the- lxistallate�- a €- tltes,
either - final elt pete - ®�- the- ee�strEac-
tie� -e €- sheets }.
(a) (H) "Flood" or "flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas
from:
�W 1 The overflow of inland or tidal waters and /or
2 The unusual and rapid accumulation or runoff of
surface waters from any source.
(K) (I) "Flood insurance Rate Map" (FIRM) means the official map on
which the Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk premium zones
applicable to the community.
(h) (J) "Flood Insurance Study" means the official report provided in
which the Federal Insurance Administration has provided flood
profiles, as well as the Flood Boundary- Floodway Map and the
water surface elevation of the base flood.
(N) (K) "Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
(PT) "- I�ahitahle -€ leer'- '- a�eaxs -ate -€ lees+- wsahle- €ems- l��€�xig- ����eses,
wl�ish- ixieludes- wee+ l�i�g sleepi�. g eatit� seei£ixig er- resreati ®�,
er- a- sea�bixiatiexi- theree €,•-- A- €le ®�- used- oxl3r - €er- storage -pur-
peses- is- x�et- a- "l�abitalale- €leer."
(L) "Lowest Floor" means the lowest floor of the lowest enclosed area
inc u Yng tasemen7 An unfinishe or flood resiRant enclosure
usaple solely ror arxing or venicies, ouilcing access or stiorage,
in an area o er an a asemen area, is no consl ere a ui -
ng so f oor, prove e a suc enc osure is no u so
o a n ran nr n a .vr7 .nra n vl n a..9 nn n a nnn11rqF1P nnn-
(e)
(M) "Manufactured Home" means a structure, transportable in one or
more sections, which is buil on a permanent chassis and is d -
igneea for use with or withoutmanen n foundation w e con -
nected o e require utilities. of f oo � �� � a i n managemen
p urposes th t erm ''manufacture iFome also inclu parx t
rt avel trailers , an ot ear similar vehicles placed on a site
for grey er than lou consecu ive days. Yor insurance purposes
the term " manufactured . ome"ooes not I nclu3e p ark trailers
travel :6rai ers, and - other similar vehicles.
(N) "Manufactured Home Park or Subdivision" means a parcel (or con_ -
lguous parcels" of land iviae o tw or more manufacture
home lots ro r rent or sale.
(p) (0) "New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
ordinance.
(�,) " 2YCN' a�sb•il� ,k1G}iCl�. }pSL.Y'� EYY' 3� •�2E}ake- s�d-3 ��.s -3.�'- �ea�s- �...laa.ss.e1
(o� eo�rt 3�tzs}as- �a�e- e3.s -j- o€- 3a�i- �]��� -fied- �:�.o- •e- ��,rt .t�to- ��o�aid.e
howle- Sots- *E>-1- - oi -sa -le- -f-e-l- +*A eli thre- o€= - 'ae4-1 -
rt- i-e•s- -fo-i- s-e-xw3et+)g- *4F�e_ 30 - am - a - a- ni ri z - 9- �L -
ORDINANCE - 3
Ugob #le- here' --' -means -a- structure -that - is- transportahle -In- one -er
wove- aeetlens built -eR-a- permanent- eha Gels 7 - and - da619ROd -to - lac
used with - er - withe ut a permaAent €euodatiexi when soxieested -
the - required utilities --It - does - - IRGlude -Peg reatieeal -Voh-
i6les- or- t ravel - trailers.
s•�a�ia� }ems- a €- �til #•�ies ®itl� ®r_�ix�al- sit ®- g�adixig_ ®�_tk� ®_peuxirag
'e €- eenerete- pees -and- the- oens•�ruet�en -e €- sheets }- is- sempleted
en -er -a €ter- tl�e- a € €ee• lose- ea•�e- a €- t�iis- e�ei���tser
(fit ' -`6• Gam- e€- eeAet�t�e• ��e�` 1 - x�ea�s- tl�e- €i�st- glaee�xexit- s €- pe�xi�a�ex�
ee�s�ee�- a €- a- s��ee��e- �etl�e- �karz -a- mebile - lore } -exi -a -site
sttel� -as -tie- pouring -e €- subs -er - €e ®tugs- er- axiy -we rl�- beyond -the
stage - o €- eifeasatieRr - -Permanent - eel.sbFiietieR -lees -net - ineiud9
land - preparat #en stieh- as- eleaving -grading -and - €illing -aev -does
lt- include- the- lr�stallatlen. -e €- sheets- aad�e�- wall�wa3rs3 - nor -does
lt-lneluee-exEavatlen-€er-a- basement 3 - €eetings piers- or- €eunda-
tlens- er- the- ereetlen -e €- temporary- €eri�is�- -nor- lees- }t- insiude -tbo
lnsta�latlen -en- the- greperty- a €- aeeesser3�- buEildings sash -as
garages -er- sheds- net- eeeupied -as- dwelling - units -er- net -as -part
e € - the - main stpaetiare -- Per- a- str�aeture - ether- than -a-mobile
home}-witheuEt-a- basement- or- peuEred- €eetings the_ "start - a € -oen-
struotiexi- ixieludes- the -€ first - permanent- €ramlz3g- er- assembi3r -e€
the- str+ieture -er -any -part -the reef -en- its- p111ng- er- €eundatIon.
Per - mebile- heroes -net - within - -mobile -heme- parr - mebile -home
siibdivislen -'-' start - a €- eenstruetien' -' -means -the -a€ €ring -e€ -the
mobile - heme - to -its -permanent - s its : -- Per - mebile -homes -Within
mebile- heme - garbs -er- mebile - heme- subdlvlslene3 -'- 'start - a €- ee>a.str-
- Retlen' - -is -the -date - en- whleh- the- eenstetlen- a €- €aelllties - €er
sersising- the - site- en- wk�leh- the - mebile- heme -ls- to -be -a€ €fixed
4Ineluding; -at -a- minimum -the - senstruetien- a €- streets y - either
€inal- site -grading -or- the - peering - a €- sene veto - gads -and - 1149tal-
latlen- e €- i�tlllties }- is- aempleted.
(P) "Start of Construction" includes substantial improvement, and
means the date the building permit was issued, provided the
actual start of construct: ction, placement
or o er improvement was whin IOU days of he permit date.
T e actual start means either the first placement of permanent
construction o a s ruc ure on a site, such as e pouring 'o
sla'�rToo ngs, he nstaa — lie ion o les, t i� ruc on
of columns, or any work beyond e stage of excavat or th e
pla of a mane a . cture d home on a founds on. Permanent
construction does not include land preparation, such as clearing,
grad ng and filling; nor does it include the installation of
streets an or walkways; nor does It include excavation for a
asemen ooti ngs, piers, or fo unda ion or e_ erection of emp-
orary forms; nor doe i t include tne ins a a ion on groper y
of accessory builUlngs, such as garages or sheds not oc
as dwelllH;� uni s or not par of e main s ruc ure.
"Structure' means a walled end .roofed building including a gas
or liquid storage tank that is princ ipalTymove
ground.
( }) (R) "Substantial improvement" means any repair, reconstruction, or
improvement of a. structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
(1� before the improvement or repair is started, or
(2) if the structure has been damaged and is being re-
stored, before the damage occurre3.
For the purposes of this definition "suastantiai improvement"
is considered to occur when the firs, alteration of any wall,
ceiling, floor, or other structural part ot• the 'building com-
mences, whetner or not that alteration affects the external .
dimensions of the structure.
The term does not, however, include eitner:
(1) any project for improvement of a structure tO comply
with existing State or local healtn, sanitary, or
safety code specifications whicn are solely necessary
to assure safe luting conditions, or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
ORDINANCE - 4
(u) (S) "Variance" • means a grant of relief from the requirements of this
ordinance which permits construction in a manner that would
otherwise be prohibited by this ordinance.
SECTION 3
GENERAL PROVISIONS
5 -13 -3: (A) LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazards
within the jurisdiction of the City of Caldwell.
(B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report
entitled, "The Flood Insurance Study for the City of Caldwell,"
dated September 3, 1980, with accompanying Flood Insurance Rate
Maps and Flood Boundary - Floodway Maps is hereby adopted by
reference and declared to be a part of this ordinance. The
Flood Insurance Study is on file in the office of the City Clerk
in the City Hall, 621 Cleveland Boulevard, Caldwell, Idaho.
(C) PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the
terms of this ordinance and other applicable regulations. Vio-
lation of the provisions of this ordinance by failure to comply
with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this ordinance
or fails to comply with any of its requirements shall upon con-
viction thereof be fined not more than $300.00 or imprisoned for
not more than 30 days, or both, for each violation, and in addi-
tion shall pay all costs and expenses involved in the case.
Nothing herein contained shall prevent the City of Caldwell from
taking such other lawful action as is necessary to prevent or
remedy any violation.
(D) ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. How-
ever, where this ordinance and other ordinance, easement, cove-
nant, or deed restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
(E) INTERPRETATION
In the interpretation and application of this ordinance, all
provisions shall be:
k2 � Considered as minimum requirements;
Liberally construed in favor of the governing body; and,
Deemed neither to limit nor repeal any other powers
granted under State statutes.
(F) WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased
by man -made or natural causes. This ordinance does not imply
that land outside the area of special flood hazards or uses
permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part
of the City of Caldwell, any officer or employee thereof or the
Federal Insurance Administration, for any flood damages that
result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
ORDINANCE - 5
• SECTION 4
ADMINISTRATION
5..13 -4: (A) ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained befovfi construction or
development begins within any area of special flood hazard estab-
lished in 5- 13- 3(B),. The permit shall be for all structures in-
cluding manufactured homes as set forth In the def n tions and
for all development includina fill and other activities. Appli-
cation for a Development Permit shall be made on forms furnished
by the Administrator and may include, but not be limited to, plans
in duplicate drawn to scale showing the nature, location, dimens-
ions, and elevations of the area in question; existing or pro-
posed structures, fill, storage of materials, drainage facilities;
and the location of the foregoing.
Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any
structure has been floodproofed;
(3) Certification by a registered professional engineer
or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing
criteria in Section 5- 13 -5(B); and,
(4) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed develop-
ment.
(B) DESIGNATION OF THE ADMINISTRATOR
The Administrator is hereby appointed to administer and imple-
ment this ordinance by granting or denying development permit
applications in accordance with its provisions.
(C) DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
Duties of the Administrator shall include, but not be limited to:
(1) Permit Review
(a) Review all development permits to determine that the
permit requirements of this ordinance have been
satisfied.
(b) Review all development permits to determine that
all necessary permits have been obtained from those
Federal, State or local governmental agencies from
which prior approval is required.
(c) Review all development permits to determine if the
proposed development is located in the floodway. If
located in the floodway, assure that the encroachment
provisions of Section 5- 13- 5(C) -1 are met.
(2) Use of Other Base Flood Data
When base flood elevation data has not been provided in
accordance with Section 5- 13 -3(B), BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD, the Administrator shall
obtain, review and reasonably utilize any base flood elevation
and floodway data available from a Federal, State or other
source, in order to administer Sections 5- 13- 5(B) -1, SPECIFIC
STANDARDS, Residential Construction, and 5- 13- 5(B) -2, SPECIFIC
STANDARDS, Nonresidential Constructio and 5- 13 -5(C), FL OOD -
WAYS.
(3) Information to be Obtained and Maintained
(a) Where base flood elevation data is provided through th
FTood Insurance Study or r ired as in Section 5-17:4
CC)-2, obtain an record e actual elevation in re-
lation. to mean sea level) of the lowest laa bitable floor
(including basement) of all new or substantially im-
proved structures, and whether or not the structure
contains a basement.
ORDINANCE - 6
(b) For all new substantially improved floodproofed
structures:
(i) verify and record the actual elevation (in
relation to mean sea level); and
(ii) maintain the floodproofing certifications
required in Section 5- 13- 4(A) -3•
(c) Maintain for public inspection all records pertain
ing to the provisions of this ordinance.
(4) Alteration of Watercourses
(a) Notify adjacent communities and the Idaho Department
of Water Resources prior to any alteration or relo-
cation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration.
(b) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
(5) Interpretation of FIRM Boundaries
Make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazards.
The person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpre-
tation as provided in Section 5- 13 -4(D).
(D)
VARIANCE PROCEDURE
(1) Appeal Board
(a) The City Council shall hear and decide appeals and
requests for variances from the requirements of this
ordinance.
(b) The City Council shall hear and decide appeals when
it is alleged there is an error in any requirement,
decision, or determination made by the Administrator
in the enforcement or administration of this ordi-
nance.
(c) Those aggrieved by the decision of the City Council,
or any taxpayer, may appeal such decision to the
appropriate court having jurisdiction in the State
of Idaho.
(d) In passing upon such applications, the City Council
shall consider all technical evaluations, all rele-
vant factors, standards specified in other sections
of this ordinance, and:
(i) the danger that materials may be swept on-
to other lands to the injury of others;
(ii) the danger to life and property due to
flooding or erosion damage;
(iii) the susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual
owner;
(iv) the importance of the services provided by
the proposed facility to the community;
(v) the necessity to the facility of a water-
front location, where applicable;
(vi) the availability of alternative locations
for the proposed use which are not subject
to flooding or erosion damage;
(vii) the compatibility of the proposed use with
existing and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain manage-
ment program of that area;
(ix) the safety of access to the property in times
of flood for ordinary and emergency vehicles;
ORDINANCE - 7
(x) the expected height* velocity, duration,
rate of rise, and sediment transport of the
flood waters and the effects of wave action,
if applicable, expected at the site; and,
(xi) the costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities
and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
(e) Upon consideration of the factors of Section 5- 13 -4(D)-
1(d) and the purposes of this ordinance, the City
Council may attach such conditions to the granting of
variances as it deems necessary to further the purposes
of this ordinance.
(f) The Administrator shall maintain the records of all
appeal actions, including technical information, and
report any variances to the Federal Insurance Adminis-
tration upon request.
(2) Conditions for Variances
(a) Generally, the only condition when variances may be
considered is for new construction and substantial
improvements to be erected on a lot of one -half acre
or less in size contiguous to and surrounded by lots
with existing structures constructed below the base
flood level, providing items (i -xi) in Section 5 -13 -4
(D) -1(d) have been fully considered. As the lot size
increases beyond the one -half acre, the technical
justification required for issuing the variance
increases.
(b) Variances may be issued for the reconstruction, re-
habilitation 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.
(c) Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
(d) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
(i) a showing of good and sufficient cause.
(ii a determination that failure to grant the
variance would result in exceptional hard -
ship to the applicant; and
(iii) a determination that the granting of a
variance will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create nui-
sances, cause fraud on or victimization of
the public as identified in Section 5 -13 -4
(D) _1(d) or conflict with existing local
laws or ordinances.
Variances as interpreted in the National Flood In-
surance Program are basecl on trie general zoning la w
nrincin e that thev per ain to a - ysica p ece o
pertain to Lne sTruc - cure, 11,E limaul �a.ii�5, t'UUL1U1LLL :
or inancia c rcums antes. TEey prlmarl y ad3ress
small lots in denselv DoiDulaTea residential neig r-
S11OUIC be qui e rare.
ar ances ma e issued for nonresidential buildings
in very limited circumstances Eo allow a lesse degree
of oo -proo ng Than water7ght or d ry- oo proo ing,
ORDINANCE - 8
varl
wise
{f4 (h)
SECTION 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
5 -13 -5: (A) GENERAL STANDARDS
In all areas of special flood hazards the following standards
are required:
(1) Anchoring
(a) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
{b� All- �e�ile- t�e�es- sl�a��- be- a�el�e�ed- te- �es�s�- €�e�a-
t� ®xi,- ee��agse�- e�- late�a� -�e�e� exit- bar- g�e�rid�ng
eue�- the- tAg- a��l- f�a�e- ties- te- g�e�xid- a�ehe�s.
�geeia�- �e����er�exts- shah -lae -that?
{�� eue�- the -teg- ties- be- p�e�ided- at -eaeh- a € -tl�e
few -ee xie s-of -the - 14obile- hQIR@ with- two -add-
�t�ena� -t }es- peg- side- at- �nteed� ate- �esatie�s
with- mgbiI @- hues -Tess- than -g9- feet -Ieng- a-
91alrfxig -one - addit1enaI- tie -Jae V -s }de}
fi-14 €game- tees- be- ppovA4ed -at - easl3 -ee �e - a € -tl3e
h ®tee- with- ft�re- addit�enal- ties -gae�- side -at
�tateediate- ge��its with- �aelaile- heroes -less
thaxi -g® -feet - lerag- egw ring- feu - additlolaaI
t� ®s- peg -s }ale}
a��- eeYaga�e�ts -ef- the- axiehe��xg- syste�xi- lae -eag-
ala�e- ef- ea��3��ng -a- fuse -ef- 4 pe�nds }�«axid
{A!V} &Ry -add i- tions -to -the - weblle- heYxie- be- slwllaPly
. (b) All manufactured homes must likewise be anchored to
prevent o a on, collapse or lateral movement, and
shall a installea using methods ana prat Ices EFiat
m nlmize flooa damage. Anchoring metriods may include
u are not IiElted'to, use oT over-the-top or Frame
es to ground ant ors. eference FE 's anufac -
uredFome in FloocT a1i za.rd Areas" gulde-
T)ook Tor addlTional technTques).
(2) Construction Materials and Methods
(a. )
(b)
All new construction and substantial improvement
shall be constructed with materials and utility
equipment resistant to flood damage.
All new construction and substantial improvements
shall be constructed using methods and practices
that minimize flood damage.
Electrical, heating, ventilati plumbing, an air-
conditioning equipmen and otHe_ service facili
77FIT e�desiEned and or otherwise e�rwise elev�ed or 1 e
(3) Utilities
(a.) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration
of flood waters into the system;
(b) New and replacement sanitary sewage systems shall be
designed to minimize or elminate infiltration of
flood waters into the systems and*discha.rge from the
systems into flood waters; and
ORDINANCE - 9
ny applicant om a variance is granted shall be
given written notice that the structure will be per-
mitted to be built with a lowest floor elevation be-
low the base flood elevation and that the cost of
flood insurance will be commensurate with the in-
creased risk resulting from the reduced lowest floor
elevation.
(c) site waste disposal syste shall be located to
a, id impairment to them or contamination from them
during flooding.
(4) Subdivision Proposals
(a.) All subdivision proposals shall be consistent with
the need to minimize flood damage;
(b) All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize
flood damage;
(c) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
(d) Base flood elevation data shall be provided for sub-
division proposals and other proposed developments
which contain at least 50 lots or 5 acres, whichever
is less.
(5) Review of Building Permits
(B) SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevat-
ion data have been provided as set forth in Section 5- 13 -3(B),
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in
Section 5- 13- 4(C) -2, Use of other Base Flood Data, the following
standards are required:
(1) Residential Construction
(a) New construction and substantial improvement of any
residential structure shall have the lowest floor,
including basement, elevated to or above base flood
elevation.
Fully enclosed areas below the lowest floor that
sublect to flooding are Drohi ited, or shal be
iii) openings may be equip pe with scree louvers,
or other coverings or devices provide a ey
p ermit the automatic en ry an ex of oo wa ers
(2) Nonresidential Construction
New construction and substantial improvement of any com-
mercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated
to the level of the base flood elevation; or,
together with attendant utility and sanitary facilities,
shall:
ORDINANCE - 10
(i) A minimum of two openings having a total net area
of not less than ones uare inch for every
square fooF of enclosed area subject o flooding
s a e rovided.
ii) The bottom of all openings shall be no hig
an one 'off above grade.
.9 •
(a) be floodproofed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water;
(b) have structural components capable of resisting hydro-
static and hydrodynamic loads and effects of buoyancy;
and
(c) be certified by a registered professional engineer or
architect that the . design methods of construction
are in accordance act e s an ar s o f practice
for eeting provisions is subsection' are -sates €led
Cased on Eneir aeveTopment and /or review of the struct-
ural aesign, specifications nuch eer i iea -
ions shall e provided o tFie official as set forth in
Section 5- 13- 4(C) -3(b).
(d) Nonresidential structures that are elevated not
f oo proo e , must meet The same standards for space
b elow the lowest Floor as aescribed in
Applicants s rloodpr`oof'ing nonresidential building sha
e notified tha oo insurance premiums will e abed
on rates tFat are one Foot below the flooUroofed leve
e.g. a u ng constructed o e base flood eve
will be rats as one oo below to `leve
(3) Manufactured Homes
All manufactured homes to be placed or substantially impro
within Zones xl -3v ii xti x� snall be elevatea on a per -
manen ounda on. suc Una a e floor of tFe manufac ure
ome is at or above the Ease flood elevation an a secure
ancFiorea to an a equa e y anchored oun a ion system in
accordance with e provisions o section
{3} Mebile- lanes
C]
{a} P4ebile- hexes- shall- be- axehe�ed- ix- aeee�daxee -with
{b} e�- new- xiebile- here- pa�l�s- and -mobile - home- sUbdlulsiexis3
€ eiw- expaxsiexs - - eKIstIxg - mob Ile - hone -paFks -and -mobil e
home - sUbdiVisiexs # - for- existing - mobile- hone pa3?ks - and
mob ile - home - sabdivia! wlae .-e -the - Pepaiv �esexst�st-
iex- eF- IM19Fovemext -of -the - st Feet B Utilities -axid -pads
equal- e�- e�aeeds- y ®- pe�eeet- a €- �raiUe- a € - tie- st�eets
Utilities -and- pads -be €eFe -the - epai eeexstUetiexi
or - imp revemexit - has - Qommexeed }- aigd- €0E- meblIe -home s -set
placed -ixi -a -mobile -home - papk -®r -mobile - home- subdivisiexi
regUlre -that*
{i� stands -e�- late - awe- elevated- ex- ee�lsaeted €ill -
ex- p#lixgs - se-that - the - lowest - €leers € -tl�e- ebile
herae- will- be- at- e� -abe�e -the- base - €lead- le�el3
{ # }� adequate -eU� €ase- d�aixage -and- assess - €ems- a- haUle�
aye- p�e�ided3 -and;
{iii} ie.- the- ixetaxee- a €- ele�atiex- ex- pilixgs� -tkat4
- late - aye- large- enough -te- pew #t- etepe3
- piling- €eU�datie�s- awe - placed -ie- stable -sail
xe -see -than- tax- €eet- apapt3 -and
- Felx €ereemext- le- previded - €er- pilings- siege -than
sip- €set- shave- the- g�eUxd- le�elT
{e} Ne- meblle- heyxe -shall - be- plaeed- ix- a- €leedwayy- emeept
ix- ax- existlxg- mobile -home - paFk- or -an- ex! sting - MebIle
home- subdivislexi.
(C) F'LOODWAYS
Located within areas of special flood hazard established in
Section 5- 14 -3(B) are areas designated as floodways. Since
the floodway is an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles and
erosion potential, the following provisions apply:
ORDINANCE - 11
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless a
technical evaluation demonstrates that encroachments shall
not result in any increase in flood levels during the
occurrence of the base flood discharge.
(2) If Section 5- 13- 5(C) -1 is satisfied, all new construction
and substantial improvements shall comply with all applica-
ble flood hazard reduction provisions of Section 5 -13 -5,
PROVISIONS FOR FLOOD HAZARD REDUCTION.
�3} P�el�i'���- eke- glaeex�e�' k- e�- a�3�- sle��Ie- 1�esiesS- e�€eeg� -�� - ate
5 -13 -6 : SEVERABILITY: If any provisions of this Title or the applica-
tion thereof to any persons or circumstances are held invalid,
the remainder of the Title or the application of provisions to
other persons or circumstances shall not be affected thereby.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
This ordinance shall be in full force and effect from and
after its passage, approval and publication according to law.
PASSED BY THE COUNCIL of the City of Caldwell this 16th
day of March , 1987.
APPROVED BY THE MAYOR of the City of Caldwell this 16th
day of March , 1987
Q +' - ' 3-
mayor
ATTEST:
city ( eT
ORDINANCE - 12