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13-1584 City Code Flood Damage PreventionCITY OF MERIDIAN ORDINANCE NO. J ~ ~50 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA RDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 6, AN 0 RIDIAN CITY CODE REGARDING FLOOD DAMAGE PREVENTION: FINDINGS ME OF FACT PURPOSES AND OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS; ADMINISTRATION• PROVISIONS FOR FLOOD HAZARD REDUCTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the National Flood Insurance Program is a federal program which enables ro ert owners in artici ating communities to purchase insurance as protection against flood p p Y p p losses in exchan e for the adoption of community floodplain management regulations that g 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 re ulations of 44 CFR Sections 59-65 and Parts 70 and 73 regarding floodplain management for g 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 That Title 10, Chapter 6, Meridian City Code, shall be REPEALED, and REPLACED as follows: CHAPTER 6 FLOOD DAMAGE PREVENTION 10-6-1: FINDINGS OF FACT, PURPOSE AND OBJECTIVES: A. Statutory Authority: The Legislature of the State of Idaho in I.C. 46-1020 through I.C. 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: MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 1 OF 15 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 flood-proofed, 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; 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 insure that: 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 flood water above regulatory limits. M~:RID[AN FLOOll DAMAGE. PR~,V~,N"I'[ON ORDINANCE: PAG~.2 OI- I S 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 (.l'). BASEMENT: Any portion of a structure, including crawlspace, with its floor sub grade (below ground level) on all sides. 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. The term "development" does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. 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.1 of the current FEMA form. ELEVATION CERTIFICATE, FINAL: The approved FEMA Elevation Certificate identified as FEMA Form S 1-31, 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 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. MERIDIAN FLOOll DAMAGEPREVENT[ON ORDWANCE PAGES OF IS FLOOD INSURANCE RATE MAP (FIRM): The official map of a community, issued by the Federal Insurance Administration delineating the Special Flood Hazard Areas and/or risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS): The official report provided by the Federal Insurance Administration evaluating flood hazards and containing flood profiles, floodway boundaries and water surface elevations of the base flood. 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 (1'). 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: (1) 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. (2) 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. (3) 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 (4) 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 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 orflood-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. The lowest floor is a determinate for the flood insurance premium for a building, home or business. MERIDIAN FLOOD DAMAGEPREVENT[ON ORDWANCE PAGE4 OF IS 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". 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: Development for which the "start of construction" commenced on or after the effective date of thi s Chapter. 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 areas of special flood hazard identified on the Flood Insurance Rate Maps as land in the regulated floodplain within a community subject to a one percent (1 %) or greater chance of flooding in any given year. 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 (1 SO) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site. 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, or the scope of which increases the existing gross floor area by more than 20 percent (%) 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 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 comply with 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 MERIDIAN FLOOD DAMAGEPREVENT[ON ORDWANCE PAGES OF IS (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. 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 subsection 10-6-2 within the jurisdiction of the city. B. Basis For Establishing the Meridian Floodplain Overlay District and the Meridian Floodway Overlay District: 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 10 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 foodway or a local floodway defined by section 10-6-5(B) onto digital maps and amending it through engineering hydraulic analysis, or by surveys to correct inconsistencies with field conditions, then applying a 5 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 Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRM) and/or Digital Flood Insurance rate Maps (DFIRM) for Ada County, Idaho, and incorporated areas entitled "Flood Insurance Study for Ada County, Idaho and Incorporated Areas" effective October 2, 2003 (FIS Number 16001CV000B), are hereby adopted by reference and declared to be a 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. 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. Any person who violates this Chapter or fails to comply with any of its requirements shall, MERIDIAN FLOOD DAMAGEPREVEN"I'[ON ORDWANCE PAGE6 OF IS upon conviction thereof, be subject to penalty as provided in Section 1-4-1 of this Code for each violation, and in addition shall pay all costs and expenses involved in the case, including attorney fees. 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 ordinance 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 the ordinance 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: . 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. a. Except in areas where floodways have been mapped by FEMA under § 10-6-5(B)(1), at the discretion of the Floodplain Administrator, development that will have negligible impact to flood characteristics may be exempt from the permit requirements provided that data deemed necessary by the Floodplain Administrator, including but not limited to MERIDIAN FLOOll DAMAGEPREVENT[ON ORDWANCE PAGE? OF IS supporting engineering data and that information which is required under section 10-6- 4(A)(2), can illustrate negligible impacts to flood characteristics. 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 Foodway location in the project area. c. 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 Foodway. 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. 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. MERIDIAN FLOOD DAMAGEPREVENT[ON ORDWANCE PAGES OF IS d. When Base Flood Elevation data or floodway data are not available, then the Floodplain Administrator shall obtain, review and reasonable 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 the Flood Damage Prevention Ordinance 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 Administration. 4. Maintain the following information for public inspection: a. Floodplain Development Permit Applications and attachments. b. Results of hydraulic studies as required by this chapter: c. No Rise certificates as required by this chapter. d. Flood-proofing certificates. e. 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). 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 Fourth Judicial District Court, Ada County, Idaho, pursuant to Idaho Code chapter 52, title 67. MERID[ANFLOOllDAMAGEPREVEN"I'[ONORllWANCE PAGE90F IS 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; (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 flood waters 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 and report any variances to the Federal Insurance Administration 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. MERIDIAN FLOOD DAMAGE PREVEN"I'[ON O12llWANCE PAGE IO OF IS (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 § 10-6-4(D)(1)(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 development will be permitted without meeting City Code requirements and that the cost of flood insurance will be commensurate with the increased risk of flood damage. 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 shall first contact the City Floodplain Administrator to determine the Base Flood Elevation. If the Floodplain Administrator is unable to determine the Base Flood Elevation through FEMA 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 engineer or surveyor must check with the Floodplain Administrator to determine if additional updated information on BFEs is available. MERIDIANFLOOllDAMAGEPREVENT[ONORDWANCE PAGE I I OF IS b. Effect of Development on BFE: In areas where FEMA has not determined a floodway, 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 (1') 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 has not been mapped by FEMA, 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. d. Electronic Map /Drawing Submittal: The Floodplain Development Permit Applicant. shall provide paper and electronic submittals, including drawings showing newly mapped floodplain and floodway as well as model input files and input/output tables. Electronic map and drawing submittals shall be submitted according to the City of Meridian AutoCAD Standards. 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 basement, is not considered a building's lowest floor provided it conforms to the following: (i) the interior ground elevation shall be elevated to a minimum of one foot (1') 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 FEMA defined Special Flood Hazard Area through a Letter of Map Change based on fill, but within the Meridian Floodplain Overlay District, shall comply with the elevation requirements (1) and (2) above. MERIDIAN FLOOD DAMAGE PREVEN"I'[ON ORDWANCE PAGE IZ OF IS 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: (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 BEE. (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 BEE. 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. MERIDIANFLOOllDAMAGEPREVEN"I'[ONORDWANCE PAGE 130E IS 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. 5. Storage Of Materials And Equipment: a. Storage of the following materials is prohibited within the Meridian Floodplain Overlay District: Acetone Carbon Disulfide Prussic Acid Phos horns Ammonia Celluloid Magnesium Potassium Benzene Chlorine Nitric Acid Sodium Calcium Carbide Hydrochloric Acid Oxides of Nitrogen Sulfur 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 the storage method is 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 FEMA mapped floodway unless the provisions of 44 CFR 60.3(d) are met; or a "no-rise" certification is provided by a Qualified State of Idaho Licensed Professional Engineer and accompanied by analysis data, including but not limited MERIDIAN FLOOD DAMAGEPREVENT[ON ORDWANCE PAGE I4 OF IS 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. 2. In areas where a floodway has not yet been mapped by FEMA, the Floodplain Develo ment Permit Applicant shall retain the services of a Qualified Licensed Professional p . 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" requirement of this section rovided engineering analysis including that required in 10-6-4(A)(2) of this code p .. illustrates that the prod ect meets the minimum requirements of 44 CFR, and specifically section 60.3 (d) when constructed in FEMA mapped floodways. Section 2. That this ordinance shall be effective on January 1, 2014. PASSED by the City Council of the City of Meridian, Idaho, on December 10, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, December 10, 2013. AP~'~`~ED R ~. . Tammy de .F ~ rd, Mayor ~?-~ '~~ ~a? J// ~ }~ ~'tyr cf E ~ I~ ~ ~ ; ~''~- ~~~~~ ~' ~~, ti ~`~. ~~ ~~~ , ~ ~ ~ ~ ~ '~~ P, t.°,.5t) ATTEST: Jayce olman, City Clerk MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 1 S OF 1 S NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.13-1584 BY THE CITY COUNCIL; BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 6, MERIDIAN CITY CODE, REGARDING FLOOD DAMAGE PREVENTION: FINDINGS QF FACT PURPOSES AND OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS; ADMINISTRATION; PROVISIONS FO ~ , HAZARD REDUCTION; AND E DATE. age°~A ~~G~s~ PROVIDING AN EFFECTIV ~, ti~ r~,~ a ~tyo~ ~' • • ~~ j\I~ Of e 1 ~ ~ua~rQ Mayor City Council ~~,~ SEAI, B : Ja cee Holman, City Clerk ~~~ n~ ~y~y~ Y Y Abe r~~AS~~ First Reading: ~ ~ ~ ~~ r ~ Adopted after first reading by suspension of the Rule as allowed pursuant to NO Idaho Code § 50-902. YES Second Reading: ~ ~ - ~ - ~ ~_______ ,•-., Third Reading: (a - I ~ - (.~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE N0.13-1584 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. l 3 -15 84 of the Cit of Meridian, Idaho, and has found the same to be true and Y complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this da of ~~ ~ , 2013. Y r P William. L.M, ary City Attorney