OCR Text |
Show Messenger-Enterpris- PUBLIC NOTICES FLOOD DAMAGE PREVENTION ORDINANCE SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES The Board of County Commissioners of the County of Sanpete ordains as follows: 1.1 STATUTORY AUTHORIZATION The Legislature of the State of Utah has in Title 17, Chapter 4, Utah Code Annotated delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of County Commissioners of Sanpete County, State of Utah does ordain as follows: 1.2 FINDINGS OF FACT ( 1) The flood hazard areas of Sanpete County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public 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 caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadeelevated or quately otherwise protected from flood damage also contribute to the flood loss. STATEMENT OF PUR1.3 POSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed: ( 1) To protect human life and flood-proofe- health; (2) To minimize expenditure of public money for 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 potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazards assume responsibility for their actions. METHODS OF REDUC1.4 ING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in dam aging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Con trollingthe alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. Development means any change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters andor (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood Insurance Rate Map (FIRM) means an official map of & community on which the Federal Emergency Management Agency has delineated areas of special flood hazard designated as Zone A. Manufactured home means 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 connected to the required utilities. This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than man-mad- e 180 consecutive days. Structure means a walled and roofed building or manufactured home that is principally above ground. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1)- any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or Historic Places or a State Inventory of Historic Places. SECTION 3.0 GENERAL PROVISIONS LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazards 3.1 within the jurisdiction of Sanpete County. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), dated June 1, 1986, is adopted by reference and declared to be part of this ordinance. The FIRM is on file at the Sanpete County Courthouse, in Manti, Utah. 3.3 COMPLIANCE No structure or land shall hereafter be constructed, located, extended, or altered without full compliance with the terms of this ordinance and other applicable regulations. 3.4 ABROGATION not create liability on the part of Sanpete County, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT DEVELOPMENT PERMIT A OF development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. Application for a development permit shall be made on forms furnished by the Sanpete Co. Building Inspector and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is re- Alteration of Watercourses (1) Notify adjacentcommuni-tie- s and the Sanpete County Building Inspector prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-Interpretation of FIRM 4.3-- quired: Elevation in relation to mean sea level of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a regis(1) 4 Commissioner reports on county convention By Bob Bessey Sanpete County Commissioner (Following is the 2nd in a series of reports on the National Association of Counties convention, attended by Sanpete County Commissioner Bob Bessey) Before I write about this weeks topic from the National 5 Boundaries Makeinterpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION Association of Counties Convention, I would like to clarify what NACo is. It is an organization that is made up of member counties all over the USA If a county is a member, then all of the principals" can be represented, i.e., clerks, auditors, assessors, and commissioners. GENERALSTANDARDS In all areas of special flood hazards, the following standards 5.1 are required: 5.1-- Page 2 Thursday, August 3, 1989 e, Anchoring (1) All new construction and substantial improvements shall be 1 NACo is a strong congressional lobbying group. It is important that they represent the interests of Sanpete County and Utah. Since the organization is made up of representatives from all the states you can see that the majority may not have the same views about what is good for Sanpete County as anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads. (2) All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral tect that the floodproofing methmovement and capable of resisting strucods for any the hydrostatic and hydrodynamic ture meet the floodproofing criteloads. Methods of anchoring may ; ria in Section and, (4) Description of the extent include, but are not limited to use or frame ties to to which any watercourse will be of altered or relocated as a result of ground anchors. This requirement is in addition to applicable State proposed development. 4.2 DESIGNATION OF THE and local anchoring requirements Sanpete County Building Inspec- for resisting wind forces. Specific tor requirements may be: ties be proCo. (i) The Sanpete Building each of four vided at the comers of to is Inspector hereby appointed administer and implement this the manufactured home, with two ordinance by granting or denying additional ties per side at intermedevelopment permit applications diate locations, with manufactured homes less than 50 feet long rein accordance with its provisions. RESPONAND DUTIES 4.3 quiring one additional tie per side. SIBILITIES OF THE Sanpete (ii) frame ties be provided at each of the home with five comer County Building Inspector Duties of the Sanpete County additional ties per side at intermeBuilding Inspector shall include but diate points, with manufactured homes less than 50 feet long renot be limited to: 4.3-Review Permit quiring four additional ties per side; all Review (iii) all components of the (1) development to the determine that system be capable of anchoring perpermits mit requirements of this ordinance carrying a force of 4,800 pounds; have been satisfied. and, (iv) any additions to the (2) Review all development manufactured home be similarly permits to determine that all necessary permits have been obtained anchored. 5.1-Construction Materials and from those Federal, State or local Methods from which governmental agencies (1) All new construction and prior approval is required. (3) Review all development substantial improvements shall be constructed with materials and permits to determine if the proafposed development adversely utility equipment resistant to flood fects the flood carrying capacity of damage. the area of special flood hazard. (2) All new construction and For the purposes of this ordinance, substantial improvements shall be adversely afreets" means damage constructed using methods and to adjacent properties because of practices that minimize flood rises in flood stages attributed to damage. (3) All new construction and physical changes of the channel substantial improvements shall be and the adjacent overbank areas. (i) If it is determined that constructed with electrical, heatthere is no adverse effect and the ing, ventilation, plumbing, and air development is not a building, then conditioning equipment and other service facilities that are designed the permit shall be granted withandor located so as to prevent water out further consideration. from entering or accumulating (ii)- If it is determined that there is an adverse effect, then within the components during technical justification (i.e., a regisconditions of flooding. 5.1-tered professional engineers certiUtilities (1) All new and replacement fication) for the proposed developwater supply systems shall be ment shall be required. (iii) If the proposed develdesigned to minimize or eliminate infiltration of flood waters into the opment is a building, then the provisions of this ordinance shall apply. system; 4.3-Use of Other Base Flood (2) New and replacement Data sanitary sewage systems shall be When base flood elevation designed to minimize or eliminate data has not been provided in acinfiltration of flood waters into the cordance with Section 3.2, BASIS systems and discharge from the FOR ESTABLISHING THE ARsystems into flood waters; and, EAS OF SPECIAL FLOOD HAZwaste disposal (3) located shall be to avoid ARD, the Sanpete County Building systems to or them contaminaInspector shall obtain, review, and impairment reasonably utilize any base flood tion from them during flooding. 5.1-elevation and floodway data availSubdivision Proposals able from a Federal, State, or other (1) All subdivision proposals source as criteria for requiring that shall be consistent with the need to new construction, substantial minimize flood damage; (2) All subdivision proposals improvements, or other development in Zone A are administered in shall have public utilities and faaccordance with Section 5.2, SPEcilities such as sewer, gas, electriCIFIC STANDARDS. cal, and water systems located and 4.3-Information to be Obtained constructed to minimize flood and Maintained damage; (1) Obtain and record the (3) All subdivision proposals actual elevation (in relation to mean shall have adequate drainage prosea level) of the lowest floor (invided to reduce exposure to flood cluding basement) of all new or damage; and (4) Base flood elevation data substantially improved structures, and whether or not the structure shall be provided for subdivision contains a basement. proposals and other proposed de(2) For all new or substanvelopment which contain at least 50 lots or 5 acres (whichever is tially improved floodproofed structures: less). 5.1-Encroachments (i) Verify and record the actual elevation (in relation to mean Encroachments, including fill, sea level) to which the structure new construction, substantial has been floodproofed. improvements, and other development shall be prohibited in any (ii) Maintain the floodprooffloodway unless a technical evaluing certifications required in Section 4.1(3). ation demonstrates that the encroachments will not result in any (3) Maintain for public inspection all records pertaining to the increase in flood levels during the occurrence of the base flood dis- provisions of this ordinance. tered professional engineer or archi- we do. Even though it may still be a controversial issue in Sanpete, I would like to tell you about some of the information I found out about the garbage landfills. 5.2-2- over-the-to- p over-the-to- According to the experts we did some things right and some things wrong. Let me present some of the facts. Remember, just because the information has a factual basis you dont have to agree with it. 1. Counties must take the lead in the handling of waste. 2. Garbage is a public health issue. 3. The EPA has enough au p thority to enforce stringent rules and consequences. 4. The cost to handle a ton of garbage in the eastern states runs from $15.00ton in Ohio to $150.0Qton in New Jersey. (New Jersey does not presently have any landfills. They ship all of their waste to Pennsylvania The EPA will not allow' that after 1992, so each of the 17 counties are working to get their own landfills. Good Luck! 5. Garbage incinerators are expensive as we have seen from Davis County. (Ohio spends $l,000,000.00per year on one incinerator alone.) 6. Recycling has expenses. If you put all of your waste on your curb in a box it would still cost $2.00per household to take care of it. 7. We all should have had more help from the business community when we were trying to acquire the landfill site. In some states the business community has taken the lead in order to make sure that the cost of handling the waste is affordable. Sanpete County is fortunate to have a nice, clean, well operated facility, but we must not be complacent about the garbage problem. We have all heard the much used acronym, NIMBY (Not In My Backyard) when we were trying to get a landfill, but as we look to the future, we must be aware of another acronym from your elected officials, NIMTO (Not In My Term of Office). Next week: Howyour County Commissioners stand on 1 Emergency Phone Numbers MantiSterling: 911 Ephraim: 5;2345 The Ephraim Enterprise The Manti Messenger 2 Newspapers Wlnnar ol tha Ganaral Excallsncs Award from tha Utah Prats Association (or 1983, 1984, 19S5, 1986,2nd placa for 1987 and 1988 Published Weekly by: Inc. 35 S. Main, Manti, Utah 84642 Messenger-Enterpris- e, Phone: Publishers Editor Senior Writer, Editor Ephraim Reporter Advertising, Circulation 1 Lloyd and Cathi Call Max E. Call Bruce Jennings 3 Eleanor Madsen, 283-444- Lloyd Call Bruce Jennings, Uoyd Call Photographers 3 835-424- Ad Deadline: Monday Noon News Deadline: Tuesday Noon 2 AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. INTERPRETATION In the interpretation of this ordinance, all provisions shall be: (1) Considered as minimum 3.5 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. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance it considered reasonable for regula tory 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 ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall t Subscription Ratas: )15.00year In Sanpata County $18.00yaar outslda Sanpata County Office Hours: 9:00 a.m. to 5:00 p.m. Mon. thru Fri. On-sit- e Closed Early Wednesday, at 2:00 p.m. charge. SPECIFIC STANDARDS 5.2 4 In all areas of special flood hazards where base flood elevation data has been provided as set forth , Use of Other Base in Section Flood Data, the following standards are required: 5.2-Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. 5.2-Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (l)be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water; 4.3-2- 1 3 2 5 I (2) have structural components capable of resisting hydrostatic andhydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meetingthe provisions of this paragraph. Such certifications shall be provided to the official as set forth in Section ). PASSED this 25th day of Juhr, 1989. at J. Keller Christenson 4.3-3(2- Keller Christenson, Chairman, of Board of County Commissioners Commissioners voting in favor: Keller Christenson Robert Bessey Leonard Blackham Attest: Becki Adams Becki Adams . Acting County Clerk Publish in Manti Messenger and Ephraim Enterprise August 3, 1989. . |