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HomeMy WebLinkAbout564 Flood Damage Prevention AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 63M2 Telephona 888-4461 ORDINANCE NO. S{,~__ AN ORDINANCE OF THE CITY OF MERIDIAN KNOWN AS THE IIFLOOD DAMAGE PREVENTION ORDINANCE" WHICH PROVIDES FOR FLOOD DAMAGE PREVENTION AND PROVIDES FOR FINDINGS OF FACT, PURPOSE AND OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS; ADMINISTRATION; PROVISIONS FOR FLOOD HAZARD REDUCTION; AND PROVIDING AN EFFECTIVE DATE. W HER E AS, the C i t Y 0 f Mer i d i an has are a s ItJ i t h i nit s c i t Y limits that have been identified as being flood areas; WHEREAS, the City participates in the Nation Flood Insurance Program; WHEREAS, the Federal Emergency Management Agency has changed its regulations providing for flood prevention and protection; WHEREAS, flood insurance is not available to the residents of the City of Meridian unless the City has adopted a Flood Damage Prevention Ordinance; and WHEREAS, it is deemed to be in the best interests of the City of Meridian, its economy, and the citizens of the City to adopt a Flood Damage Prevention Ordinance so that flood insurance is available. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That the City of Meridian hereby adopts the following as its FLOOD DAMAGE PREVENTION ORDINANCE which shall FLOOD DAMAGE PREVENTION ORDINANCE Page - 1 AMBROSE, FITZGERALD & CROO KSTON Attornays and Coun3alors P.O. Box 427 Meridian, Idaho 83642 Tolephone B81l-4461 read as follows: FLOOD DAMAGE PREVENTION SECTION 1.0 FINDINGS OF FACT, PURPOSE, AND OBJECTIVES 1.1 FINDINGS OF FACT (1) The flood hazard areas of the Ci ty of Meri di an are subject to periodic inundation which results in loss of 1 ife and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the publ ic health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 1.2 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the publ ic 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 and costly flood control projects; (3) To minimize the need for rescue and rel ief efforts associated with flooding and generally undertaken at the expense of the general publ ic; (4) To minimize prolonged business interruptions; (5) To maintain 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; (6) To help minimize a stable tax base by providing for the FLOOD DAMAGE PREVENTION ORDINANCE Page - 2 AMBROSE, FITZGERALD & CROOKSTON AUorn~ys and Counselors P.O. Box 427 Meridian, Ideho lJ:jS42 T~lephone 886.4461 sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.3 METHODS OF REDUCING FLOOD LOSSES In order to accompl ish 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 hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities 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 accommodate 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 may increase flood hazards in other areas. SECTION 2.0 DEFINITIONS 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 appl ication. IIAPPEAllI means a request for a review of the Department's interpretation of any provision ordinance or a request for a variance. Building of this IIAREA OF SHALLOW FLOODINGIl means a designated AO or AH Zone o nth e-F , 0 0 dIn sur a n c eRa t e Map ( FIR M) . The bas e f 1 0 0 d 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 FLOOD DAMAGE PREVENTION ORDINANCE Page - 3 AMBROSE, FITZGERALD & CROOKSTON Attornoys and CounsolO's P.O. BOll 427 Meridian, Idaho 83542 Tolephono BBB.4461 characterized as sheet flow and AH indicates ponding. "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood pTaTn WTthin a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. "BASE FLOOD" means the flood having a one percent chance of beTng equalled or exceeded in any given year. Also referred to as the "lOO-year flood." Designation on maps always includes the letters A or V. "DEVElOPMENTU 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. "FLOODII or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland waters andlor (2) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD INSURANCE RATE MAP (FIRM)II means the official map on which the Federa,...-ynsurance Administration has del ineated both the areas of special flood hazards and the risk premium zones applicable to the community. IIFLOOD INSURANCE STUDYII means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. IIFLOODWAYII 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. II l 0 Ii} EST F L 0 0 R II mea n s the low est f 1 0 0 r 0 f the low est e n c 1 0 sed 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 enclosuy'e is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance found at Section 5.2-1(2). JlMANUFACTURED HOME" means a structure, transportable in one FLOOD DAMAGE PREVENTION ORDINANCE Page - 4 AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counsolors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 II I I 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 flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term IImanufactured home" does not include park trailers) travel trailers, and other similar vehicles. "MANUFACTURED HOME PARK OR SUBDIVISIONII means a parcel) or contiguous parcels;-o-fland divided into two or more manufactured home lots for rent or sale. UNEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. nSTART OF CONSTRUCTION II includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or othet' improvement was within 180 days of the permit date. The actual start means either the first pl acement of permanent constructi on of a structure on a si te) 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 foundation 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. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "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 lS started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition 1Jsubstantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the FLOOD DAMAGE PREVENTION ORDINANCE Page - 5 AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idsho 83$42 Tolephono 88B4461 external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "VARIANCE!) means a grant of relief from the requirements of this ordTnance which permits construction in a manner that would otherwise be prohibited by this ordinance. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Meridian. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled liThe Flood Insurance Study for the City of Meridian", completed in August of 1989, with accompanying Flood Insurance Maps completed September 27, 1991, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and Maps are on file in the office of the City Clerk, City of Meridian. 3.3 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. Violation 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 conviction thereof be fined not more than THREE HUNDRED DOLLARS ($300.00) or imprisoned for not more than six months, or both, for each violation, and in addition shall pay all costs and expenses involved in the case, including attorneys fees. Nothing herein contained FLOOD DAMAGE PREVENTION ORDINANCE Page - 6 AMBROSE, FITZGERALD & CROOKSTON Attornoys and Counselors P.O. Sox 427 Morldlan, Idaho ro.S42 Talephona 888-4461 11 shall prevent the City of Meridian from taking .sLJch other lawful action as is necessary to prevent or remedy any violation. 3.4 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, any existing easements, covenants, or However, where this ordinance and easement, covenant, or deed restriction whichever imposes the more stringent prevai 1. abrogate, or impair deed restrictions. another ordinance, confl ict or overl ap, restrictions shall 3.5 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed ne ither to 1 i mi t nor repea 1 any other powers granted under State statues. 3.6 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 areas 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 Meridian, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from rel iance on this ordinance or any administrative decision lawfully made hereunder. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT 4.1-1 Development Permit Required A development permit shall be obtained before construction FLOOD DAMAGE PREVENTION ORDINANCE Page - 7 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 63542 Telephono 888-4461 or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the IIDEFINITIONSII, and for all development "including fill and other activities, also as set forth in the IIDEFINITIONS". 4.1-2 Application for Developme~! Pet'mit Application for a development permit shall be made on forms furnished by the Building Department and may include but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed 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 5.2-2; and (4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE BUILDING DEPARTMENT The Building Department is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING DEPARTMENT Duties of the Building Department shall include, but not be 1 imited to: 4.3-1 Permit Review (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Rev i ew all deve 1 opment permi ts to determi ne that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. FLOOD DAMAGE PREVENTION ORDINANCE Page - 8 AMBROSE, FITZGERALD & CROOKSTON Attorney. and Counselors P.O. Box 427 Meridian, Idaho 63542 Telephone 686-4461 I! ( 3 ) Review all development permits proposed development is located located in the floodway, assure provisions of Section 5.3(1) are to determi ne if the in the floodway. If that the encroachment met. Z>~~ ~Jhen base flood elevation data has not been provictecJ in accordance with Section 3.2, BASIS FOR ESTABLISHING T~E AREAS OF SPECIAL FLOOD HAZARD, the Bui lding Department! 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 5.2, SPECIFIC STANDARDS, and 5.3 FlOODWAYS. 4.3-2 Use of Other Base Flood Data 4.3-3 Information to be Obtained and Maintained (1) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4.3-2, obtain and record the actual elevation (in relation to mean sea level) of the loy/est floor (including basement) of all new or substanti ally improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level), and (ii) maintain the floodproofing certificates required in Section 4.1(3). (3) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4.3-4 Alteration of Watercourses (1) Notify adjacent communities and the State of Idaho Oepartment Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4. 3 - 5 In t e r pre tat ion 0 f E} B!i B 0 u n d a r~i~~ Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a FLOOD DAMAGE PREVENTION ORDINANCE Page - 9 AMBROSE, FITZGERALD & CROOKSTON Attorneys and CQunsolols P.O. Box 427 Meridian, Idaho 83642 Telephono 8813-4461 mapped boundary and actual contesting the location of reasonable opportunity to provided in Section 4.4. field conditions). The person the boundary shall be given a appeal the interpretation as 4.4 VARIANCE PROCEDURE 4 . 4 - 1 A p P e 9.,1 Boa r d (1) The City Council of the City of Meridian shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) 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 Building Department in the enforcement or administration of this ordinance. (3) Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Fourth Judicial District Court, Ada County, Idaho, pursuant to Id~ho Code, Chapter 52, Title 67. (4) In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors~ standards specified in other sections of this ordinance; and (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibi 1 ity of the proposed faci 1 ity and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provide by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) the compatibility of the proposed use with existing and anticipated development; FLOOD DAMAGE PREVENTION ORDINANCE Page - 10 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 421 Meridian, Idaho 83642 Tolophono 888-4461 [i I ( h ) the relationship of the proposed comprehensive plan and flood plain program for that area; use to the management (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (j) the expected heights, 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 (k) 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. (5) Upon consideration of the factors of Section 4.4-1(4) 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 purpose of this ordinance. (6) The Building Department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 4.4-2 Conditions for Variances (1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvement 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 4.4-1(4) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconsideration, 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 this section. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the FLOOD DAMAGE PREVENTION ORDINANCE Page - 11 AMBROSE, FITZGERALD & CROOKSTON Attorneys end Cou nselors P.O. BOK 427 Merldlan,ldeho 63642 Telephone 888-4461 flood hazard, to afford relief. (5) Variances shall only be issued upon: (i) a showing of good and sufficient cause; ( i i ) a determination that failure to grant the variance would result in exceptional hardship to the appl icant; (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary publ ic expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.1-4(4), or conflict with existing local laws or ordinances. ")_8) i-tr ~ / (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than water tight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 4.4-2(1), and otherwise complies with Sections 5.1-1 and 5.1-2 of the GENERAL STANDARDS. (8) Any applicant to whom a variance is granted shall be granted shall be given written notice that the structure will be permitted to be built with a 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. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards, the follolt/ing standards are required: FLOOD DAMAGE PREVENTION ORDINANCE Page - 12 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.o. Box 427 Meridian, Idaho 63642 Telephone 686",461 (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall be adequate drainage provided to reduce exposure to flood damage; and, (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). 5. 1- 5 Rev i"_~w of B u i 1 din g Perm its Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 4.3- 2), Applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 4.3-2, Use of Other Base Flood Data, the following provisions are required: 5.2-1 Residential Construction (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or 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 must meet or exceed the following minimum criteria: (1) A minimum of two 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. FLOOD DAMAGE PREVENTION ORDINANCE Page - 14 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Bo. 427 Merldllln,ldnho 63642 Telephone 86Il.4461 I! (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 5.2-2 Nonresidential Construction New construction and substantial improvement of any commercial, 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: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 4.3-3(2). (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2-1(2). (5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level). 5.2-3 Manufactured Homes All manufactured homes to be placed or substantially improved within Zones Al-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 5.1-1(2). 5.3 FlOODvJAYS Located within areas of special flood hazard established in FLOOD DAMAGE PREVENTION ORDINANCE Page - 15 AMBROSE, FITZGERALD & C ROO KSTON Attorneys and Counselors P.O. Box 427 Morldlan, Idaho 83642 Telophone 868-4461 Section 3.2 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: (1) Prohibit encroachments, including fill, a new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION. SECTION 2. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after it passage, approval, and publication, as required by law PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF MERIDIAN, this 19th day of November, 1991. APPROVED: ATTEST: ( \ FLOOD DAMAGE PREVENTION ORDINANCE Page - 16