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Show Right to Know H VJ M Jjnlt W 1 MM M PI M JJ Read the Public Notices I GARFIELD COUNTY OR- J niNANCE NO. 1986-4 I FLOOD DAMAGE PREVENTION ORDINANCE FOR p GARFIELD COUNTY, UTAH U The Board of County Com- . f missioners of Garfield County, State of Utah, ordains as follows: Section 1.0: STATUTORY AUTHORIZATION, FINDINGS OF c' FACT, PURPOSE AND OB-i! OB-i! JECTIVES 11 STATUTORY AUTHORIZATION t! The Legislature of the State of C; Utah has in Section 17-5-77, Utah Code Annotated, delegated the l' responsibility to counties to adopt t ordinances designed to promote the public health, safety, and general ' welfare of a county's citizenry, j 1.2 FINDINGS OF FACT (1) The flood hazard areas of L Garfield County, State of Utah are J subject to periodic inundation which 1 results in loss of life and property, j health and safety hazards, disruption of commerce and governmental services, extraordinary extraor-dinary public expenditures for flood 1 protection and relief, and impair- ment 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 ob-structions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other aresa. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. ii 1.3 STATEMENT OF PURPOSE if 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 in specific ' areas, by provisions designed: ? (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control o.l projects; . (3) To minimize the need for rescue and relief efforts associated with flooding and generally un- M dertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public 1 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 I base by providing for the sound use I and development of areas of special flood hazard, so as to minimize I future flood blight areas; (7) To insure that potential buyers f are notified that property is in an j area of special flood hazard; and, j (8) To ensure that those who oc-! oc-! cupy the areas of special flood hazard assume responsibility for their actions. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its pur- pose, this ordinance includes j methods and provisions for: (1) Restricting or prohibiting uses , which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in ! flood heights or velocities; I (2) Requiring that uses vulnerable j to floods, including facilities which j serve such uses, be protected I against flood damage at the time of I initial construction; I (3) Controlling the alteration of j natural floodplains, stream chan-nels, chan-nels, and natural protective I barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, I dredging, and other development ; which may increase flood damage ; I and, I (5) Preventing or regulating the " construction of flood barriers which may increase flood hazards in other ! areas. j SECTION 2:0: DEFINITIONS I Unless specifically defined below, words or phrases used in this ordinance or-dinance shall be interpreted so as to j give them the meaning they have in i common usage and to give this I ordinance its most reasonable ap-: ap-: plication. I "Area of special flood hazard" I means the land in a floodplain within j the county subject to a one percent or greater chance of flooding in any i given year. j "Base flood" means the flood I having a one percent chance of i being equalled or exceeded in any f given year. "Development" means any man-made man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation i 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 y water, and or (2) The unusual and rapid accumulation ac-cumulation or runoff of surface j waters from any source. "Flood Insurance Rate Map" (FIRM) means the official map issued by the Federal Emergency Management Agency, where the areas of special flood hazard have been designated Zone A. "Mobile Home" means a structure struc-ture that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "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 in-clude either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SECTION 3.0: GENERAL PROVISIONS 3.1 LAND TO WHICH THIS ORDINANCE OR-DINANCE APPLIES This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Garfield County, Utah. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The area of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), bearing an effective date of August 5, 1986, is adopted by reference and declared to be a part -of this ordinance. The FIRM is on file at the office of. the Garfield County Building Inspector at the Garfield County Courthouse in Panguitch, 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 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, or-dinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes more stringent restrictions shall prevail. 3.5 INTERPRETATION In the interpretation and application ap-plication of this ordinance, 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. 3.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered con-sidered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land or permitted uses outside the areas of special flood hazards, or land uses permitted per-mitted within the areas of special flood hazards, will be free from flooding or flood damages. This ordinance shall not create liability on the part of Garfield County, any officer or employee theieof, or the Federal Emergency Management Agency, for any flood damages that may result from reliance on this ordinance, or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established under Section 3.2. Application for a Development Permit shall be made on forms furnished by the Garfield County 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, and drainage facilities; and the location of the foregoing. Specifically, the following information in-formation is required: (1) Elevation in relation to mean sea level, of the lowest floor (including (in-cluding basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.2-2; and, (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE BUILDING INSPECTOR The Garfield County Building Inspector is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES RESPON-SIBILITIES OF THE BUILDING INSPECTOR Duties of the Garfield County Building Inspector shall include, but not be limited to: 4.3-1 Permit Review (1) Review all developmoent permits to determine that the permit requirements of this ordinance or-dinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained ob-tained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this ordinance, "adversely "ad-versely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas. (i) If it is determined that there is no adverse effect, and the development is not a building, then the permit shall be granted without further consideration. (ii) If it determined that there is an adverse effect, then technical justification, (i.e., a registered professional engineer) for the proposed development shall be required. (iii) If the proposed development1 is a building, then the provision of this ordinance shall apply. 4.3-2. Use of Other Base Flood Data "J When base flood elevation data' has not been provided in accordance; with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Building Inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source, in order to administer Section 5.2, SPECIFIC STANDARDS. STAN-DARDS. 4.33 Information to be obtained and maintained (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially sub-stantially improved structures, and whether or not the structure contains con-tains a basement. (2) For all new or substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed. (ii) maintain the floodproofing certifications required in Section 4.1 (3) (3) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4.3-4 Alteration of watercourses (1) Notify adjacent communities, the Army Corps of Engineers, the Utah State Engineer and the Division of Water Resources 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, water-course, so that the flood carrying capacity is not diminished. 4.3-5 Interpretation of FIRM Boundaries Make interpretations 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 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1-1 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (i) Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional ad-ditional tie per side. (ii) frame ties be provided at each corner of the mobile home, with five additional ties per side at intermediate in-termediate points, with mobile homes less than 50 feet long requiring four additional ties per side. (iii) all components of the anchoring an-choring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. 5.1-2 Construction materials and methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.1-4 Subdivision Proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed con-structed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). 5.1- 5 Encroachments Any proposed development shall be analyzed to determine effects on the flood carrying capacity of the area of special flood hazard, as set forth in Section 4.3-1(3), Permit Review. 5.2 Specific Standards In all areas of special flood hazards where base flooding elevation data has been provided, as set forth in Section 4.3-2, Use of Other Base Flood Data, the following standards are required: 5.2- 1 Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. 5.2-2 Nonresidential Construction New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall : (1) be floodproofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the officials as set forth in Section 4.3-3(2). Section 6.0: PENALTIES Any person violating any of the provisions of this ordinance shall be deemed guilty of a Class B Misdemeanor. Section 7.0: VALIDITY If any one or more sections, sentences, clauses or parts of this ordinance shall, for any reason, be held invalid by a Court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance, or-dinance, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this ordinance so held invalid; and the inapplicability or invalidity of any section, sentence, clause or part of this ordinance in any one or more instance shall not affect or prejudice in any way the applicability and validity of this ordinance in any other instance. Section 8.0: AUTHORIZATION AND DIRECTION TO COUNTY OFFICIALS The Garfield County Clerk shall certify to the adoption of this ordinance, or-dinance, and cause the same to be published, and the officers and officials of-ficials of Garfield County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section 9.0: REPEALER Any previously enacted ordinances or-dinances or parts thereof which are inconsistent with this ordinance are hereby repealed, but only to the extent that they are inconsistent with this ordinance. This repealer shall not, however, be construed to revive any ordinance heretofore repealed. Section 10.0: EFFECTIVE DATE OF ORDINANCE This ordinance, after its passage, approval and recording, and upon one publication in a newspaper published and having general circulation cir-culation in Garfield County, Utah, shall become effective as of July 1, 1986. PASSED, APPROVED, RECORDED, AND ORDERED PUBLISHED this 30th day of June, 1986. H. Dell LeFevre, Chairman Garfield County Commission ATTEST: s Hazel Houston Garfield County Clerk Auditor Commissioners voting "aye" H. Dell LeFevre Guy Thompson Thomas V. Hatch Commissioners Voting "no" None STATE OF UTAH) ss. COUNTY OF GARFIELD) I, HAZEL HOUSTON, the duly qualified and acting County Clerk of Garfield County, State of Utah, and ex-officio Clerk of the Board of County Commissioners of said County do hereby certify that the above and foregoing is a true and correct copy of any Ordinance adopted by the Board of County Commissioners of Garfield County, Utah, at a meeting duly held thereby on the 30th day of June, 1986, and that said Commissioners voted as above set forth and described for the passage of said Ordinance and that no Commissioners voted against its passage. s Hazel Houston County Clerk Auditor Published in the Garfield County News July 10, 1986. NOTICE OF SPECIAL BOND ELECTION THE BOARD OF EDUCATION OF GARFIELD COUNTY SCHOOL DISTRICT GARFIELD COUNTY, UTAH PUBLIC '.NOTICE IS HEREBY GIVEN that a special bond election will be held in Garfield County School District, Garfield County, Utah, on the 29th day of July, 1986, at which election there shall be submitted sub-mitted to the qualified, registered voters residing within said district, the following question, to-wit: Shall the Board of Education of Garfield County School District, Garfield County, State of Utah, be authorized to issue and sell bonds of the board in the amount of $1,860,000, to mature serially in not more than twenty (20) years from their respective date or dates, for the purpose of raising money for purchasing school sites, for building or purchasing one or more schoolhouses and supplying the same with furniture and necessary apparatus, for improving school property under the charge of said board, and to provide moneys for the refunding, at or prior to the maturity thereof, of general obligation bonds of said board - heretofore issued and now out standing? The polling places for said special bond election shall be the polling places in the following consolidted election districts established for said special bond election by the Board of Education. Electors are advised to vote at the polling place for the consolidated election district . in which they reside. The polling places within said consolidated election districts as well as the judges of election and the alternate judges of election who have been appointed to conduct the special bond election at each polling place, are as follows: CONSOLIDATED ELECTION DISTRICT No. 1 REGULAR ELECTION DISTRICTS Panguitch 1 & 2 POLLINGPLACE County Courthouse JUDGES OF ELECTION Beverly Crosby, Judge; Afton Church, Judge; Mamie Talbot, Judge; Maxine Crosby, Alternate CONSOLIDATED ELECTION DISTRICT-No. 2 REGULAR ELECTION DISTRICTS Tropic POLLING PLACE Scout House JUDGES OF ELECTION Malen Littlefield, Judge; Ethel LeFevre, Judge; Louise Ott, Judge; Verda Clark, Alternate CONSOLIDATED ELECTION DISTRICT No. 3 REGULAR ELECTION DISTRICTS Escalante POLLING PLACE Community Center JUDGES OF ELECTION Fay Alvey, Judge; Yukon Norman, Judge; Gwen Lyman, Judge; Que Porter, Alternate CONSOLIDATED ELECTION DISTRICT No. 4 REGULAR ELECTION DISTRICTS-Henrieville POLLING PLACE Old School House JUDGES OF ELECTION Roberta Miller, Judge; Berthene Griffin, Judge ; Oscar Willis, Judge ; ; Elsie Goulding, Alternate CONSOLIDATED ELECTION DISTRICT-No. 5 REGULAR ELECTION DISTRICTS Cannonville POLLING PLACE Community Center JUDGES OF ELECTION Norman LeFevre, Judge; Glenda Feltner, Judge; Melda Davis, ! Judge; Garda Davies, Alternate CONSOLIDATED ELECTION DISTRICT No. 6 I REGULAR ELECTION DISTRICTS Boulder POLLING PLACE Old School JUDGES OF ELECTION Donna Wilson, Judge; Vivian Crosby, Judge; Dorothy Lyman, Judge; Idonna Haws, Alternate CONSOLIDATED ELECTION DISTRICT-No. 7 - REGULAR ELECTION DISTRICTS Antimony POLLING PLACE LDS Church JUDGES OF ELECTION-Valene Roberts, Judge; Athalia Jensen, Judge; Beth Gleave, Judge; Jo Savage, Alternate; CONSOLIDATED ELECTION DISTRICT No. 8 REGULAR ELECTION DISTRICTS Hatch POLLING PLACE Town Hall JUDGES OF ELECTION Ruth Wilson, Judge; Lucille Huntington, Judge; Estella Riggs, Judge; Nelda Fagg, Alternate CONSOLIDATED ELECTION DISTRICT No. 9 REGULAR ELECTION DISTRICTS Ticaboo POLLING PLACE Community Center JUDGES OF ELECTION Clydene Womack, Judge; Linda Robinson, Judge; Cynthia Flugard, Judge; Helen Collin, Alternate The voting at the special bond election shall be by ballot, which ballots will be furnished by the Business Administrator of the Board of Education of Garfield County School District to the judges of election, to be by them furnished to the qualified voters. The polls at each polling place shall be opened at the hour of 7:00 o'clock a.m. and will be kept open until and will be closed at the hour of 8:00 o'clock p.m. There is to be " ho special registration of voters for such special bond election and the official register of voters last made or revised shall constitute the register for such special bond election, except ex-cept that the County Clerk of Garfield Gar-field County will register at his office during regular office hours, except Saturdays, Sundays and holidays, and except during the ten-day ten-day period immediately preceding the special bond election, any person who on the day of the special bond election will be a qualified elector and will register such person as provided by law. The County Clerk will cause registration agents in Garfield County School district to make registration lists or copies of such lists available at each of the above described polling places for use by registered electors entitled to use such polling place. Absentee ballots may be obtained by any person otherwise eligible to vote at the special bond election but who expects to be temporarily absent from Garfield County or disabled on the day of the special bond election, by making application ap-plication in the manner and time provided by law, either by mail or in person, at the office of the Business Administrator of the Board of Education at 145 East Center Street, in Panguitch, Utah. PUBLIC NOTICE IS FURTHER GIVEN that on July 30, 1986, that : being a day not later than ten days ; after said special bond election, the ' Board of Education will meet at 145 ; East Center Street, in Panguitch, Utah, at 7:00 o'clock p.m. and will ' canvass the returns and declare the results of the special bond election. IN WITNESS WHEREOF, the Board of Education of Garfield County School District, Garfield County, Utah, has caused this notice : to be given this 26th day of June, 1986. Quay M. Simons President, Board of Education of Garfield County School District, Garfield County, Utah Attest: Laurel Holman Business Administrator, Board of Education of Garfield County School District, Garfield County, Utah Published in the Garfield County News July 3, 10, and 17, 1986. |