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 That Title 10, Chapter 6, Meridian City Code, shall be repealed, and replaced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
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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.
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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."
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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
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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,
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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
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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
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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.
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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.
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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.
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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;
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(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.
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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:
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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