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20-1879 City Code Flood Damage CITY OF MERIDIAN ORDINANCE NO. 20-1879 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 6, MERIDIAN CITY CODE, REGARDING FLOOD DAMAGE PREVENTION; VOIDING ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the National Flood Insurance Program is a federal program which enables property owners in participating communities to purchase insurance as protection against flood losses in exchange for the adoption of community floodplain management regulations that reduce future flood damages; WHEREAS,the City of Meridian is a participating community in the National Flood Insurance Program; WHEREAS,the regulatory standards set forth in this ordinance meet or exceed the regulations of 44 CFR sections 59-65 and Parts 70 and 73, regarding floodplain management for the protection of public health safety and welfare; and WHEREAS,the policies expressed herein are designed to protect public health, safety, and welfare by minimizing public and private losses due to flood conditions; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That Title 10, Chapter 6, Meridian City Code, shall be repealed, and replaced with language as follows: 10-6-1 FINDINGS OF FACT,PURPOSE AND OBJECTIVES: A. Statutory Authority: The legislature of the state of Idaho, in Idaho Code sections 46-1020 through 46-1024, authorizes local government units to adopt a floodplain map and floodplain management ordinance that identifies floodplains and that sets forth minimum development requirements in floodplains that are designed to promote the public health, safety, and general welfare of its citizenry. B. Findings Of Fact: 1. The special flood hazard areas of the city of Meridian are subject to periodic inundation which can result in loss of life,property damage, hazard to health and safety, 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 public health, safety and general welfare. 2. These flood losses are aggravated by the cumulative effect of obstructions in special flood hazard areas which increase flood elevations. Development that is inadequately MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 1 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 69 of 85 floodproofed, elevated, or otherwise protected from flood damage also contributes to flood losses. C. Statement Of Purpose: It is the purpose of this chapter 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 and costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 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; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that information regarding the location of special flood hazard areas is readily available to potential property buyers and other interested people; and 8. To ensure that those who occupy special flood hazard areas assume responsibility for their actions. D. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this chapter includes methods and provisions for managing development in flood prone areas to ensure that: 1. Structures are designed and built to acceptable standards to be protected from flooding, and 2. Development does not increase the potential for flood damage by elevating floodwater above regulatory limits. 10-6-2 DEFINITIONS: Unless specifically defined below for purposes of this chapter only, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. APPEAL: A request to City Council to overrule a permit denial because the applicant claims that the ordinance has been incorrectly interpreted. BASE FLOOD: The flood having a one percent(1%) chance of being equaled or exceeded in any given year. Also referred to as the "regulatory flood," or "100-year flood." BASE FLOOD ELEVATION (BFE): The water surface elevation during the base flood in relation to a specified datum. The Base Flood Elevation(BFE) is depicted on the Flood Insurance Rate Map (FIRM) to the nearest foot(1') and in the Flood Insurance Study(FIS) to the nearest one-tenth of a foot(.1'). BASEMENT: Any portion of a structure, with its floor sub grade (below ground level) on all sides. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 2 OF 17 Meridian City Council Meeting Agenda May 12,2020— Page 70 of 85 DEVELOPMENT: Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings or other structures, or the construction of substantial improvements to buildings or other structures; the placement of mobile homes; mining, dredging, filling, grading,paving, excavation, drilling operations or storage of equipment or materials; and the deposition or extraction of materials; specifically including the construction of dikes, berms, dams and levees. ELEVATION CERTIFICATE, INTERIM: The approved FEMA Elevation Certificate identified as FEMA Form 81-31, completed prior to the City of Meridian approval of the foundation inspection. The interim elevation certificate is identified by the completion of the "Building Under Construction" item in Section C.I of the current FEMA form. ELEVATION CERTIFICATE, FINAL: The approved FEMA Elevation Certificate identified as FEMA Form 81-31, completed prior to the City of Meridian approval of the certification of occupancy. The final elevation certificate is identified by the completion of the "Finished Construction" item in Section C.1 of the current FEMA form. FLOOD OR FLOODING: (A)A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters, and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph A.(2) of this definition are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or (B) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph A(1) of this definition. FLOOD INSURANCE RATE MAP (FIRM): The official map of a community, issued by the Federal Insurance Administrator delineating the Special Flood Hazard Areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). FLOOD INSURANCE STUDY (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as the Flood Elevation Study. FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source. See"flood or flooding." MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 3 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 71 of 85 FLOODPLAIN ADMINISTRATOR: The community official designated by title to administer and enforce the floodplain management regulations. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOOD PROTECTION ELEVATION(FPE): The elevation above the base flood elevation to which the lowest floor of a structure must be elevated. The flood protection elevation for the City of Meridian shall be two feet(2') above base flood elevation. FLOODWAY (aka Regulatory Floodway): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot(l'). Regulations require that the floodway be kept open so that flood flows are not obstructed or diverted onto other properties. If the base flood is entirely contained within the banks of a clearly defined channel, the entire channel may be defined as a floodway. HISTORIC STRUCTURE: A structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or D. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either by an MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 4 of 17 Meridian City Council Meeting Agenda May 12,2020- Page 72 of 85 approved state program as determined by the Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs. LOWEST FLOOR: The lowest floor of the lowest enclosed area of a structure (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 structures' 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 this ordinance. The lowest floor is a determinate for the flood insurance premium for a building, home or business. MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a"recreational vehicle." MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MERIDIAN FLOODPLAIN OVERLAY DISTRICT: Area regulated by this section of code. MERIDIAN FLOODWAY OVERLAY DISTRICT: Floodway portion of the Meridian Floodplain Overlay District regulated by this code. NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes,"new construction"means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. OPERATION, CLEANING, MAINTENANCE OR REPAIR OF IRRIGATION FACILITIES: OPERATION: The performance of typical work by an irrigation or drainage entity including, but not limited to: the delivery or drainage of water, measurement of water, and adjustment of irrigation and drainage works and all related appurtenances. CLEANING: Mowing, cutting, or burning of weeds, trees and other nuisance growth, including algae growth, application of pesticides, removal of beaver dams, and removal of trash or other debris, whether floating, lodged or otherwise obstructing the conveyance of water flow through channels and works. MAINTENANCE: Ongoing upkeep of existing structures required to keep channels in a condition adequate to support the conveyance of irrigation and drainage water; the care or upkeep of channels, works, appurtenances, easements, utility corridors and property; to keep in an existing state, specified state of repair, and efficiency; return to a former condition, MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 5 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 73 of 85 elevation, place, and position; to preserve from failure or decline; or to repair or renovate so as to return it to its original condition. "Maintenance" shall not include complete or substantial replacement of an existing structure, or"dredging," as defined herein. REPAIR: The restoration to good or sound condition of any part of an existing structure, channel, channel bank, or service road for the purpose of maintenance (this does not include the complete replacement or substantial replacement of an existing structure). "Repair"shall not include "dredging," as defined herein. RECREATION VEHICLE: A vehicle that is a.)built on a single chassis, b.)400 square feet or less when measured at the largest horizontal projection, c.) designed to be self-propelled or permanently towed by a light duty truck and d.) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, AE, AR, "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard". START OF CONSTRUCTION: Includes substantial improvement, and means the date the development, building or floodplain development 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 the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling;nor does it include the installation of streets and/or walkways; nor does it include excavation for 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,floor,or other structural part of a building,whether or not that alteration affects the external dimensions of the building. STRUCTURE: a walled and roofed building, including a gas or liquid storage tank that is principally above ground as well as a manufactured home. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent (%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent (%) of the market value of the structure before the "start of construction" of the improvement. If a Substantial Improvement is being made to a structure, the entire structure must be brought into compliance MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 6 of 17 Meridian City Council Meeting Agenda May 12,2020- Page 74 of 85 with the provisions of this code. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not include either: (1) Any project for improvement of a structure to correct existing state or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official and which are solely necessary to assure safe living conditions, or (2) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. 10-6-3 GENERAL PROVISIONS: A. Lands To Which This Chapter Applies: This chapter shall apply to all areas of the "Meridian floodplain overlay district" as defined in section 10-6-2 of this chapter within the jurisdiction of the city. B. Basis For Establishing The Meridian Floodplain Overlay District And The Meridian Floodway Overlay District: 1. The Meridian floodplain overlay district is initially defined by overlaying the FEMA effective FIRM SFHA onto digital maps and amending it through engineering hydraulic analysis, or by surveys to correct inconsistencies with field conditions, then applying a ten foot(10')horizontal buffer to expand the area. Amendments to the district due to hydraulic analysis or field surveys shall be reviewed and made available by the floodplain administrator. The Meridian floodplain overlay district will always include at least the SFHA as depicted on the FEMA effective FIRM and shall not be decreased by FEMA letters of map revisions based on fill (LOMR-F). 2. The Meridian floodway overlay district is initially defined by overlaying a FEMA mapped floodway or a local floodway defined by subsection 10-6-5(B) of this chapter onto digital maps and amending it through engineering hydraulic analysis, or by surveys to correct inconsistencies with field conditions, then applying a five foot (5')horizontal buffer to expand the area. Amendments to the district due to hydraulic analysis or field surveys shall be reviewed and made available by the floodplain administrator. The Meridian floodway overlay district will always include at least the floodway mapped by FEMA shown on the effective FIRM. C. Basis For Establishing Special Flood Hazard Areas: The Special Flood Hazard Areas identified by the Federal Insurance Administrator in a scientific and engineering report titled "The Flood Insurance Study(FIS) for Ada County Idaho and Incorporated Areas" effective June 19, 2020, and the accompanying Flood Insurance Rate Maps (FIRM) and/or Digital Flood Insurance rate Maps (DFIRM), are hereby adopted by reference and declared to be a MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 7 of 17 Meridian City Council Meeting Agenda May 12,2020- Page 75 of 85 part of this chapter together with any subsequent revisions thereof. The flood insurance study and flood insurance rate map(s) are on file in the office of the floodplain administrator at 33 E. Broadway Avenue, Meridian, Idaho. D. Penalties For Noncompliance: No development shall take place without full compliance with the terms of this Chapter and other applicable regulations. Violation of the provisions of this Chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. E. Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Additionally, in the event that any of the requirements of this chapter are in conflict with those of 44 CFR parts 59 - 65, the more stringent restrictions shall prevail. F. Severability: This chapter is hereby declared to be severable. Should any portion of this chapter be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose of this chapter before declaration of partial invalidity. G. Interpretation: In the interpretation and application of this chapter all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. H. Warning And Disclaimer Of Liability: The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the federal insurance administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. 10-6-4 ADMINISTRATION: A. Establishment Of Floodplain Development Permit: 1.Floodplain Development Permit Required: A Floodplain Development Permit shall be obtained before construction or development begins within any area of Meridian Floodplain Overlay District as defined in subsection 10-6-2 of this Chapter. The permit shall be for all development including fill and other activities also as set forth in Section 10-6-2 of this Chapter. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 8 of 17 Meridian City Council Meeting Agenda May 12,2020- Page 76 of 85 2.Application For Floodplain Development Permit: Application for a Floodplain Development Permit shall be made on forms furnished by the Floodplain Administrator and the applicant may be required to include, but not limited to;plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing and proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: a.Description of site work to be done in the Meridian Floodplain Overlay District. b. Base Flood Elevations and floodway location in the project area. c.Proposed elevation of the lowest floor and other critical components of all structures such as crawlspaces, mechanical and electrical equipment, vent locations, check structures, pipe elevations, etc. d.Hydraulic and hydrologic calculations and backwater model results showing the effect of the development on Base Flood Elevations for areas included in the Meridian Floodplain Overlay and Floodway Overlay Districts including areas without a FIS- mapped floodway. e.No Rise Certification and hydraulic and hydrologic calculations including backwater model results verifying no rise results for work in the Meridian Floodway Overlay District. 3. General Irrigation Floodplain Development Permit(GIFD): A GIFD applies to qualifying activities within the Meridian Floodplain Overlay District. GFID permits may be issued to an irrigation entity for a period not to exceed five years. Examples of activities eligible under this provision include: a. Dredging and grading of irrigation and drainage channels, when the fill from dredging or grading is not deposited on the banks of channels or anywhere within the regulatory floodway or SFHA for longer than 10 days. b. Seasonal grading within natural stream channels to check or direct water into irrigation facilities (i.e. earthen "push-up dams" and"wing dams"). c. Deposition of fill within the SFHA for less than 10 days. After 10 days, deposited fill must be removed from the SFHA, or graded and compacted to existing grade within 0.2 feet. Deposition of fill includes deposition of material resulting from grading or excavating irrigation or drainage channels. Deposition of fill within the mapped floodway requires an individual permit. d. Construction of new underground utilities that do not permanently alter the existing grade elevations by±0.5 feet. Excess soil from new pipes larger than 2 feet in diameter must be disposed of outside the regulatory floodway and SFHA. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 9 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 77 of 85 e. In-kind replacement of irrigation and drainage works or components including but not limited to control gates or head gates, measuring devices and their housing structures/stilling wells, culverts,pumps, pipes, flumes, siphons and similar works. GIFD permits cannot authorize the In-kind replacement of dams or bridge structures. f. New driveways, trails, sidewalks, roads and streets constructed completely at-or-below existing grade. g.Armoring, stabilizing, securing, or in-kind replacement of existing infrastructure within the channel banks (such as bridge piers, sewer/utility supports and storm water/sewer drainage outfalls/headwalls)when the dimensions (bank slopes, channel location, channel elevation) of the channel are not altered. This should not involve replacement with larger or additional above ground infrastructure. B. Designation Of Floodplain Administrator: The floodplain administrator shall be designated by the city engineer, and is hereby appointed to administer and implement this chapter by granting or denying floodplain development permit applications in accordance with its provisions. C. Duties And Responsibilities Of The Floodplain Administrator: Duties of the floodplain administrator shall include, but not be limited to: 1. Review and evaluate floodplain development permit applications: a. Determine whether the permit requirements of this chapter have been satisfied. b. Obtain evidence of approvals for all necessary additional federal, state, or local permits and approvals if applicable. c. Require that interim and final elevation certificates, final floodproofing certificates, and/or other as built documents are properly completed by a qualified professional engineer or land surveyor licensed in the state of Idaho and submitted by the permit applicant before certificates of occupancy are granted for the project. d.When Base Flood Elevation data or floodway data are not available, then the Floodplain 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 the provisions of this ordinance. 2. Conduct inspections of all development in the Meridian floodplain overlay district in coordination with the designated building official to ensure that the provisions of this chapter are met. 3. Notify adjacent communities and the State Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator and assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained. 4. Maintain the following information for public inspection: a. Floodplain development permit applications and attachments. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 10 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 78 of 85 b. Results of hydraulic studies as required by this chapter. c. No rise certificates as required by this chapter. d. Floodproofing certificates for all new and substantially improved structures. e. Elevation certificates of all new and substantially improved structures. f. Any other documents pertaining to the provisions of this chapter. 5. Make interpretations, where needed, as to specific location of the boundaries of the special flood hazard area or Meridian floodplain and floodway overlay districts (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). 6. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator(FIA) of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. 7. Upon occurrence, notify the Federal Insurance Administrator(FIA) in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce flood plain management regulations for a particular area. In order that all FIRM's accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished flood plain management regulatory authority. D. Appeals And Variances: 1. Appeal And Variance Procedures: a. The city council shall hear and decide appeals and requests for variances from the requirements of this chapter. 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 floodplain administrator in the enforcement or administration of this chapter. The floodplain administrator and applicant shall consult with the city engineer prior to appealing to city council. c. Those aggrieved by the decision of the city council, or any taxpayer, may appeal such decision to the 4th judicial district court, Ada County, Idaho, pursuant to Idaho Code chapter 52, title 67. d. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 11 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 79 of 85 (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) 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. The floodplain administrator shall maintain the records of all appeal actions including justification for issuance and report any variances to the Federal Insurance Administrator upon request. 2. Conditions For Variances: a. Variances shall not be issued within the Meridian floodway overlay district if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued upon: (1)A showing of good and sufficient cause; reasons that do not constitute good and sufficient cause include: loss of property value, inconvenience to the property owner, or lack of funding to comply. (2)A determination that failure to grant the variance would result in exceptional hardship to the applicant. (3)A determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (4)A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Any variance should allow only minimum deviation from the requirements of this code. c. Upon consideration of the factors of subsection D I d of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. d. 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. e. Any applicant to whom a variance is granted shall be given written notice by the floodplain administrator that the structure permitted to be built with the lowest floor below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 per$100 of insurance coverage and that such development increases risks to life and property. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 12 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 80 of 85 10-6-5 : PROVISIONS FOR FLOOD HAZARD REDUCTION: A. Standards for the Meridian Floodplain Overlay District: 1. Engineering and Mapping Requirements: a.Determination of Base Flood Elevations (BFEs): The Floodplain Development Permit Applicant may contact the City Floodplain Administrator to determine the Base Flood Elevation. If the Floodplain Administrator is unable to determine the Base Flood Elevation through FIS profiles and/or simplified methods, then the Floodplain Development Permit Applicant shall retain the services of a Qualified State of Idaho Licensed Professional Engineer, or Professional Land Surveyor to determine BFEs before and after the proposed development. BFEs shall be determined based on FIRMs, previous studies,by performing a hydraulic analysis, or other methods approved by the Floodplain Administrator. The applicant must check with the Floodplain Administrator to determine if additional updated information on BFEs is available. b.Effect of Development on BFE: In areas where a floodway has not been determined, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot (F) at any point unless Letter of Map Change (LOMC)provisions in 44 CFR Part 65 are met. It is the responsibility of the City acting through the Floodplain Administrator to allocate the one foot increase to best serve the purposes and objectives of this chapter. c.Floodway Mapping: In floodplains where the floodway is not shown on the FIRM, the Floodplain Development Permit Applicant shall retain the services of a Qualified State of Idaho Licensed Professional Engineer to determine the location of a local floodway. Development in the Meridian Floodway Overlay District shall then meet the standards for development specified in section 10-6-5(B)below. 2. Construction Requirements for New Construction and Substantial Improvements of Structures: a. Elevation Requirements: (1)For all residential construction and new nonresidential construction the lowest floor elevation of any structure, including basements, or mobile/manufactured homes, shall be elevated to the Flood Protection Elevation of no less than two feet (2') above the Base Flood Elevation. (2)For all residential construction and new nonresidential construction, any crawlspace or other unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 13 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 81 of 85 basement, shall be elevated to a minimum of one foot (l') above the Base Flood Elevation. (3)All manufactured homes shall be elevated on a permanent foundation and meet the same elevation requirements as other structures. (4) Lots for new construction, removed from a defined special flood hazard area as shown on the effective FIRM through a letter of map change based on fill (LOMR-F), but within the Meridian Floodplain Overlay District, may elevate the lowest floor to a Flood Protection Elevation of one foot(1') above the base flood elevation provided the post development base flood water surface elevation increase is less than one foot(I') as determined by approved engineering hydraulic analysis and flooding source peak discharges do not exceed one thousand five hundred(1,500) cfs per FIS data tables. Lots where post development base flood water surface elevation increase is one foot (F) or greater, or flooding source peak discharges exceed one thousand five hundred (1,500) cfs shall comply with the elevation requirements of subsections A2a(1) and A2a(2) of this section. b. Floodproofing Requirements: (1) For existing non-residential construction, including development which is considered a substantial improvement, the lowest floor area of any structure, including basements, and any unfinished enclosure area shall either be elevated to conform with sections 10-6-5(A)(2)(a)(1) and(2) above or be dry floodproofed, together with attendant utility and sanitary facilities, below the Flood Protection Elevation as defined in 10-6-2, so that the structure is water tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a Qualified State of Idaho Licensed Professional Engineer that the standards above have been satisfied. c. Anchoring: (1)All construction shall be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2)All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors (reference FEMA guidebooks for additional techniques). d. Construction Materials And Methods: MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 14 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 82 of 85 (1)All construction below BFE shall be done with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also all joints, insulation or other materials that extend below the BFE. (2)All construction shall use methods and practices that minimize flood damage. (3)All building utility systems, including electrical, heating, ventilation,plumbing, air conditioning, ductwork and other service facilities shall be elevated at least 1 foot above the BFE. 3. Utilities and Drainage: a.All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. b.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. c.On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Land Development Applications: a.All land development shall be consistent with the need to minimize flood damage. b.All land development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. c. All land development shall have adequate drainage provided to reduce exposure to flood damage. d. Include Base Flood Elevation data for all proposals greater than 50 lots or 5 acres, whichever is the lesser. 5. Storage Of Materials And Equipment: Storage of the following materials is prohibited within the Meridian Floodplain Overlay District: a. The following materials,regardless of how they are stored: Acetone Carbon Disulfide Prussic Acid Phosphorus Ammonia Celluloid Magnesium Potassium Benzene Chlorine Nitric Acid Sodium Calcium Carbide Hydrochloric Acid Oxides of Nitrogen Sulfur MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 15 of 17 Meridian City Council Meeting Agenda May 12,2020— Page 83 of 85 b. All other materials that are buoyant, flammable, noxious, toxic or otherwise injurious to persons or property if transported by floodwaters, except those identified in item a.) above, are prohibited unless elevated to the flood protection elevation and using a storage method designed to resist flood related forces including hydrostatic, hydrodynamic, buoyancy and debris impact forces. 6. Recreation Vehicles: a. Recreational vehicles located in the Meridian Floodplain Overlay District must either: (1)Be onsite for fewer than 180 consecutive days; (2)Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additions, or; (3)Meet all the requirements for New Construction and Substantial Improvements of Structures as specified in section 10-6-5(A)(2). B. Standards for the Meridian Floodway Overlay District: 1. Development is prohibited in a mapped floodway as shown on the effective FIRM unless the provisions of 44 CFR 60.3(d) are met; and a"no-rise" certification is provided by a Qualified State of Idaho Licensed Professional Engineer and accompanied by hydrologic and hydraulic analysis performed in accordance with standard engineering practice, including but not limited to supporting engineering data and that information which is required under section 10-6-4(A)(1) supporting the determination that the floodway development will not cause any increase to BFEs at any point or a Conditional Letter of Map Revision(CLOMR) has been approved by FEMA. If a CLOMR has been approved a Letter of Map Revision (LOMR) must also be obtained within six months of completion of the proposed encroachment. 2. In areas where a floodway has not yet been mapped on the FIRM, the Floodplain Development Permit Applicant shall retain the services of a Qualified Licensed Professional Engineer to determine the location of a local floodway for purposes of this chapter. Once determined, development within the locally mapped floodway will not be allowed unless a "no-rise" standard is met as stated in item (1) above. a. Existing Local and State highway bridges and culverts that are extended or improved using public funds may be exempt from the "no-rise" standard if they are not in a mapped floodway as shown on the FIRM. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective on June 19, 2020. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 16 of 17 Meridian City Council Meeting Agenda May 12,2020- Page 84 of 85 i PASSED by the City Council of the City of Meridian , Idaho, this 12th day of May 2020 . APPROVED by the Mayor of the City of Meridian, Idaho , this 12th day of May 2020 . APPROVED : Robert E . Si ison Mayor ATTEST : �s,ynt CUL, IDIIAN SFAL Chris Johnson, Ity Clerk CERTIFICATION OF SUMMARY : William L.M . Nary, City Attorney of the City of Meridian , Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L . M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 204879 An ordinance repealing and replacing Title 10 , Chapter 6 , Meridian City Code , regarding flood damage prevention; voiding any conflicting provisions ; and providing an effective date . MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE UPDATE PAGE 17 OF 17 Meridian City Council Meeting Agenda May 12, 2020 — Page 85 of 85