HomeMy WebLinkAboutOrd No 1272 Flood Damage Prevention Ordinance Instrument# 446224
REXBURG,MADISON,IDAHO
12-17-2021 08.03:21 AM No.of Pages:23
Recorded for:CITY OF REXBURG
KIM H.MUIR Fee:0.00
Ex-officio Recorder Deputy
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ORDINANCE NO. 1272
FLOOD DAMAGE PREVENTION ORDINANCE
AN ORDINANCE REPEALING AND REPLACING ORDINANCE 1129 TO
UPDATE THE CITY'S FLOOD DAMAGE PREVENTION ORDINANCE TO MEET
CURRENT STATE OF IDAHO AND FEMA REGULATIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
REGURG, IDAHO:
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE, AND OBJECTIVES.
SECTION I-A. STATUTORY AUTHORITY.
The Legislature of the State of Idaho,pursuant to Idaho Code§§46-1020,46-1023, and
46-1024,authorizes local governments to adopt floodplain management ordinances that
identify floodplains and minimum floodplain development standards to minimize flood
hazards and protect human life, health,and property. Therefore, the City Council of the
City of Rexburg,Idaho,does hereby ordain as follows:
SECTION I-B. FINDINGS OF FACT.
1. The flood hazard areas of the City of Rexburg are subject to periodic inundation that
results in:
a. loss of life and property;
b. health and safety hazards;
c. disruption of commerce and governmental services;
d. extraordinary public expenditures for flood relief and protection;and
e. impairment of the tax base,all of which adversely affect the public health,safety
and general welfare.
2. These flood losses may be caused by development in flood hazard areas,which are
inadequately elevated, flood-proofed,or otherwise unprotected from flood damages, f
and by the cumulative effect of obstructions in floodplain causing increases in f
flood heights and velocities.
3. Local government units have the primary responsibility for planning,adopting,and
enforcing land use regulations to accomplish proper floodplain management.
SECTION I-C. STATEMENT OF PURPOSE.
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 to:
1. Protect human life, health,and property;
2. Minimize damage to public facilities and utilities such as water purification and
sewage treatment plants,water and gas mains, electric,telephone and sewer lines,
streets,and bridges located in floodplain;
3. Help maintain a stable tax base by providing for the sound use and development of
flood prone areas;
4. Minimize expenditure of public money for costly flood control projects;
5. Minimize the need for rescue and emergency services associated with flooding,
generally undertaken at the expense of the general public;
6. Minimize prolonged business interruptions;
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7. Ensure potential buyers are notified that property is in an area of special flood
hazard;and
8. Ensure those who occupy the areas of special flood hazard assume responsibility for
their actions.
SECTION I-D. OBJECTIVES AND METHODS OF REDUCING FLOOD
LOSSES.
In order to accomplish its purposes,this ordinance includes methods and provisions to:
1. Require that development which is vulnerable to floods,including structures and
facilities necessary for the general health,safety,and welfare of citizens,be protected
against flood damage at the time of initial construction;
2. Restrict or prohibit development which are dangerous to health, safety,and property
due to water or erosion hazards,or which increase flood heights,velocities,or
erosion;
3. Control filling,grading,dredging,and other development which may increase flood
damage or erosion;
4. Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or that may increase flood hazards to other lands;
5. Preserve and restore natural floodplains,stream channels,and natural protective
barriers which carry and store flood waters.
ARTICLE II. DEFINITIONS.
Unless specifically defined below,words or phrases used in this ordinance shall be
interpreted according to the meaning they have in common usage and to give this ordinance
its most reasonable application.
1. ACCESSORY STRUCTURES (appurtenant structure): a structure on the same lot or
parcel as a principal structure,the use of which is incidental and subordinate to the
principal structure.
2. ADDITION (to an existing building): an extension or increase in the floor area or height
of a building or structure.
3. AGRICULTURAL STRUCTURES (appurtenant structure):a structure which is used
exclusively in connection with the production,harvesting, storage,raising,or drying of
agricultural commodities and livestock;specifically excludes any structures used for
human habitation.
4. APPEAL: a request for review of the Floodplain Administrator's interpretation of
provisions of this ordinance or request for a variance.
5. AREA OF SPECIAL FLOOD HAZARD:see Special Flood Hazard Area (SFHA).
6. BASE FLOOD: the flood having a one percent(1%) chance of being equaled or
exceeded in any given year.
7. BASE FLOOD ELEVATION (BFE): a determination by the Federal Insurance
Administrator of the water surface elevations of the base flood, that is,the flood level
that has a one percent or greater chance of occurrence in any given year.When the BFE
has not been provided in a Special Flood Hazard Area,it may be obtained from
engineering studies available from a Federal,State,or other source using FEMA-
approved engineering methodologies.This elevation,when combined with the
Freeboard,establishes the Flood Protection Elevation.
8. BASEMENT: any area of the building having its floor sub grade (below ground level) on
all sides.
9_ BUILDING: see Structure.
10. CRITICAL FACILITIES: facilities that are vital to flood response activities or critical to
the health and safety of the public before,during,and after a flood, such as a hospital,
emergency operations center,electric substation,police station, fire station,nursing
home,school,vehicle and equipment storage facility, or shelter;and facilities that,if
flooded,would make the flood problem and its impacts much worse,such as a
hazardous materials facility,power generation facility,water utility,or wastewater
treatment plant.
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11. DATUM: the vertical datum is a base measurement point(or set of points) from which
all elevations are determined. Historically, that common set of points vas the National
Geodetic Vertical Datum of 1929 (NGVD29).The vertical datum currently adopted by
the federal government as a basis for measuring heights is the North American Vertical
Datum of 1988 (NAVD88).
12. DEVELOPMENT: any man-made 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,or storage of equipment and materials.
13. DEVELOPMENT ACTIVITY: any activi", defined as Development which will
necessitate a Floodplain Development Permit; such as: the construction of buildings,
structures,or accessory structures;additions or substantial improvements to existing
structures;bulkheads,retaining walls, piers,and pools;the placement of mobile homes;
or the deposition or extraction of materials;the construction or elevation of dikes,berms
and levees.
14. ELEVATED BUILDING: for insurance purposes,a non-basement building which has
its lowest elevated floor raised above ground level by foundation walls, shear walls,
posts,piers,pilings,or columns.
15. ELEVATION CERTIFICATE:The Elevation Certificate is an important administrative
tool of the NFIP. It is used to determine the proper flood insurance premium rate;it is
used to document elevation information;and it may be used to support a request for a
Letter of Map Amendment(LOIAA) or Letter of Map Revision based on fill (LOMB-F).
16. ENCLOSURE: an area enclosed by solid walls below the BFE/FPE or an area formed
when any space below the BFE/FPE is enclosed on all sides by walls or partitions.
Insect screening or open wood lattice used to surround space below the BFE/RFPE is
not considered an enclosure.
17. ENCROACHMENT: the advance or infringement of uses, fill,excavation,buildings,
structures, or development into a floodplain,which may impede or alter the flow
capacity of a floodplain.
18. EXISTING CONSTRUCTION: for the purposes of determining rates,structures for
which the"start of construction' commenced before the effective date of the FIRM.
"Existing construction"may also be referred to as"existing structures."
19. EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME
SUBDIVISION: a manufactured home park or subdivision where the construction of
facilities for servicing the lots on which the manufactured homes are to be affixed
('including,at a minimum,the installation of utilities, the construction of streets,and final
site grading or the pouring of concrete pads) is completed before the effective date of
the original floodplain management regulations adopted by the community,Ordinance
717 adopted on April 17, 1991.
20. EXISTING STRUCTURES: see existing construction.
21. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION: the preparation of additional sites by the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities,the construction of streets,and either final site grading or the
pouring of concrete pads).
22. FLOOD or FLOODING:
a. A general and temporary condition of partial or complete inundation of normally dry
land areas from:
i. The overflow of inland or tidal waters.
ii. The unusual and rapid accumulation or runoff of surface waters from any
source.
iii. Mudslides (i.e.,mudflows) which are proximately caused by flooding as defined
in paragraph a.ii of this definition and 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.
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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 ad
of this definition.
23. FLOOD ELEVATION DETERMINATION: See Base Flood Elevation (BFE).
24. FLOOD ELEVATION STUDY: See Flood Insurance Study (FIS).
25. FLOOD INSURANCE RATE MAP (FIRM): an official map of a community, on which
the Federal Insurance Administrator has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
26. 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.
27. FLOOD ZONE: a geographical area shown on a Flood Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the
area,and applicable insurance rate.
28. FLOODPLAIN OR FLOOD-PRONE AREA: any land area susceptible to being
inundated by water from any source (see definition of"flooding").
29. FLOODPLAIN ADMINISTRATOR: the individual appointed to administer and
enforce the floodplain management regulations.
30. FLOODPLAIN DEVELOPMENT PERMIT: any type of permit that is required in
conformance with the provisions of this ordinance,prior to the commencement of any
development activity.
31. 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 flood plain management
regulations.
32. FLOODPLAIN MANAGEMENT REGULATIONS: zoning ordinances,subdivision
regulations,building codes,health regulations, special purpose ordinances (such as a
flood plain ordinance,grading ordinance,and erosion control ordinance),and other
applications 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.
33. FLOODPROOFING: any combination of structural and non-structural 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.
34. FLOOD PROTECTION ELEVATION (FPE): the Base Flood Elevation plus the
Freeboard.
a. In"Special Flood Hazard Areas"where Base Flood Elevations (BFEs) have been
determined, this elevation shall be the BFE plus 1 foot of freeboard for new
structures;and
b. In"Special Flood Hazard Areas"where no BFE has been established, this elevation
shall be at least 2 feet above the highest adjacent grade.
35. FLOOD PROTECTION SYSTEM: those physical structural works for which funds
have been authorized,appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the area within a
community subject to a"special flood hazard" and the extent of the depths of associated
flooding. Such a system typically includes dams,reservoirs, levees, or dikes.These
specialized flood modifying works are those constructed in conformance with sound
engineering standards.
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36. 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 a designated height.
37. FREEBOARD:a factor of safety usually expressed in feet above a flood level for the
purposes of floodplain management. Freeboard tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions,such as wave action,obstructed bridge
openings, debris and ice jams,and the hydrologic effects of urbanization in a watershed.
The Base Flood Elevation (BFE) plus the freeboard establishes the Flood Protection
Elevation(FTE). Freeboard shall be a minimum of one (1) foot for new structures.
Modifications to existing structures that meet the definition of Substantial
Improvements do not require freeboard if the Lowest Floor is already at or above the
Base Flood Elevation.
38. FUNCTIONALLY DEPENDENT USE: a facility that cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding,or ship repair facilities. The term does not include long-term storage,
manufacture, sales, or service facilities.
39. HIGHEST ADJACENT GRADE (HAG):the highest natural elevation of the ground
surface prior to construction,adjacent to the proposed walls of a structure. Refer to the
FEMA Elevation Certificate for HAG related to building elevation information.
40. 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:
i. by an approved state program as determined by the Secretary of the Interior, or
ii. directly by the Secretary of the Interior in states without approved programs.
41. LETTER OF MAP CHANGE (LOMC): a general term used to refer to the several
types of revisions and amendments to FIRMs that can be accomplished by letter.They
include Letter of Map Amendment(LOMA),Letter of Map Revision (LOMR),and
Letter of Map Revision based on Fill(LOMR-F)
a. LETTER OF MAP AMENDMENT (LOMA): an official amendment,by letter, to
an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a
property's or structure's location in relation to the Special Flood Hazard Area
(SFHA).LOMAs are usually issued because a property or structure has been
inadvertently mapped as being in the floodplain but is actually on natural high
ground above the base flood elevation.
b. LETTER OF MAP REVISION (LOMR): FEMA's modification to an effective
Flood Insurance Rate Map (FIRM) or a Flood Boundary and Floodway Map
(FBFM) or both.LOMRs are generally based on the implementation of physical
measures that affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,the effective
Base Flood Elevations (BFEs),or the Special Flood Hazard Area (SFHA).The
LOMR officially revises the Flood Insurance Rate Map (FIRM) or Flood Boundary
and Floodway Map (FBFM), and sometimes the Flood Insurance Study(FIS) report,
and when appropriate,includes a description of the modifications.The LOMR is
generally accompanied by an annotated copy of the affected portions of the FIRM,
FBFM, or FIS report.
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c. LETTER OF MAP REVISION BASED ON FILL(LOMR-F): FEMA's
modification of the Special Flood Hazard Area (SFHA) shown on the Flood
Insurance Rate Map (FIRM) based on the placement of fill outside the existing
regulatory floodway.The LOMR-F does not change the FIRM,FBFM, or FIS
report.
d. CONDITIONAL LETTER OF MAP REVISION (CLOMR):A formal review and
comment as to whether a proposed flood protection project or other project
complies with the minimum NFIP requirements for such projects with respect to
delineation of special flood hazard areas. A CLOMR does not revise the effective
Flood Insurance Rate Map (FIRM) or Flood Insurance Study(FIS). Upon
submission and approval of certified as-built documentation,a Letter of Map
Revision (LOMR) may be issued by FEMA to revise the effective FIRM. Building
Permits and/or Flood Development Permits cannot be issued based on a CLOMR,
because a CLOMR does not change the NFIP map.
42. LEVEE: a man-made structure,usually an earthen embankment,designed and
constructed according to sound engineering practices,to contain,control, or divert the
flow of water so as to provide protection from temporary flooding.
43. LEVEE SYSTEM: a flood protection system that consists of a levee,or levees,and
associated structures,such as closure and drainage devices,which are constructed and
operated in accordance with sound engineering practices.
44. LOWEST ADJACENT GRADE (LAG): the lowest point of the ground level next to
the structure. Refer to the FEMA Elevation Certificate for LAG related to building
elevation information.
45. LOWEST FLOOR: the lowest floor of the lowest enclosed area(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 building's
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 44 CFR§ 60.3 and this
ordinance.
46. MANUFACTURED HOME: a structure,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.The term"Manufactured Home" does not
include a"Recreational Vehicle."
47. MANUFACTURED HOME PARK OR SUBDIVISION:a parcel(or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
48. MARKET VALUE: the building value,not including the land value and that of any
accessory structures or other improvements on the lot. Market value may be established
by independent certified appraisal;replacement cost depreciated for age of building and
quality of construction (Actual Cash Value); or adjusted tax assessed values.
49. MEAN SEA LEVEL: for purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum (such as North
America Vertical Datum of 1988-NAVD88) to which Base Flood Elevations (BFEs)
shown on a community's FIRM are referenced.
50. NATIONAL FLOOD INSURANCE PROGRAM (NFIP):The NFIP is a Federal
program created by Congress to mitigate future flood losses nationwide through sound,
community-enforced building and zoning ordinances and to provide access to
affordable, federally backed flood insurance protection for property owners.
51. NEW CONSTRUCTION: for floodplain management purposes,a structure 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. Any construction started after June 3, 1991 and
before the effective start date of this floodplain management ordinance is subject to the
ordinance in effect at the time the permit was issued,provided the start of construction
was within 180 days of permit issuance.
52. NEW MANUFACTURED HOME PARK OR SUBDIVISION: a place where the
construction of facilities for servicing the lots on which the manufactured homes are to
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be affixed(including at a minimum the installation of utilities, the construction of streets,
and final site grading or the pouring of concrete pads)is completed on or after June 3,
1991,the effective date of the initial Flood Insurance Rate Map (FIRM).
53. POST-FIRM: construction or other development for which the "start of construction"
occurred on or after the effective date of the initial Flood Insurance Rate Map (FIRM).
54. PRE-FIRM: construction or other development for which the"start of construction"
occurred before June 3, 1991,the effective date of the initial Flood Insurance Rate Map
(FIRM).
55. RECREATIONAL VEHICLE: a vehicle that is:
a. Built on a single chassis,and
b. 400 square feet or less when measured at the largest horizontal projection,and
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.
56. REGULATORY FLOODWAY: See Floodway.
57. REMEDY A VIOLATION: to bring the structure or other development into
compliance with State or local flood plain management regulations,or,if this is not
possible, to reduce the impacts of its non-compliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood
damages,implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing Federal financial exposure with regard to
the structure or other development.
58. REPETITIVE LOSS STRUCTURE: An NFIP-insured structure that has had at least
two paid flood losses of more than$1,000 each in any 10-year period since 1978.
59. RIVERINE: relating to, formed by, or resembling a river(including tributaries),stream,
brook,etc.
60. SPECIAL FLOOD HAZARD AREA (SFHA): the land in the flood plain within a
community subject to a one percent(10/6) or greater chance of flooding in any given year.
For purposes of these regulations, the term"special flood hazard area"is synonymous in
meaning with the phrase"area of special flood hazard".
61. START OF CONSTRUCTION: includes substantial improvement,and means the date
the building permit was issued,provided the actual start of construction,repair,
reconstruction,rehabilitation,addition placement, or other improvement was within 180
days of the permit date.The actual start means either 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;not
does it include the installation of streets and/or walkways; not does it include excavation
for a basement, footings,piers,or foundation or the erection of temporary forms;not
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.
62. STRUCTURE:a walled and roofed building,including a gas or liquid storage tank that is
principally above ground,as well as a manufactured home.
63. 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(50%) of its market value before the damage occurred. See definition of
"substantial improvement".
64. SUBSTANTIAL IMPROVEMENT:any reconstruction,rehabilitation,addition,or
other improvement of a structure,the cost of which equals or exceeds 50 percent (500/0)
of the market value of the structure before the"start of construction" of the
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improvement.This term includes structures which have incurred"substantial damage",
regardless of the actual repair work performed.The terra does not,however,include
either:
a. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary,or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions,or
b. Any alteration of a"historic structure",provided that the alteration will not preclude
the structure's continued designation as a"historic structure" and the alteration is
approved by variance issued pursuant to this ordinance.
65. TECHNICAL BULLETINS AND TECHNICAL FACT SHEETS: FEMA publications
that provide guidance concerning the building performance standards of the NFIP,
which are contained in Tide 44 of the U S Code of Federal Regulations § 60.3.The
bulletins and fact sheets are intended for use primarily by State and local officials
responsible for interpreting and enforcing NFIP regulations and by members of the
development community,such as design professionals and builders. New bulletins,as
well as updates of existing bulletins,are issued periodically as needed.The bulletins do
not create regulations. Rather they provide specific guidance for complying with the
minimum requirements of existing NFIP regulations.
66. TEMPERATURE CONTROLLED: having the temperature regulated by a heating
and/or cooling system,built-in or appliance.
67. VARIANCE: a grant of relief from the governing body from a requirement of this
ordinance.
68. VIOLATION: the failure of a structure or other development to be fully compliant with
the community's flood plain management regulations.A structure or other development
without the Finished Construction Elevation Certificate, other certifications, or other
evidence of compliance required in 44 CFR§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2),
(e)(4), or(e)(5) is presumed to be in violation until such time as that documentation is
provided.
69. WATER SURFACE ELEVATION: the height,in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of
1988 (or other specified datum), of floods of various magnitudes and frequencies in the
flood plains of coastal or riverine areas.
70. WATERCOURSE: a lake,river, creek,stream,wash, channel,or other topographic
feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
ARTICLE III. GENERAL PROVISIONS.
SECTION III-A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of
the City of Rexburg. Nothing in this ordinance is intended to allow uses or structures
that are otherwise prohibited by the zoning ordinance.
SECTION III-B. BASIS FOR SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas identified by the Federal Insurance Administrator in a
scientific and engineering report titled "Flood Insurance Study (FIS) for Madison
County, Idaho and Incorporated Areas," dated June 3, 1991,with accompanying Flood
Insurance Rate Maps (FIRM), and other supporting data, are adopted by reference and
declared a part of this ordinance. The FIS and the FIRM are on file at the office of the
City Clerk at 35 North 15'East,Rexburg, Idaho 83440.
SECTION III-C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT
PERMIT
A Floodplain Development Permit shall be required in conformance with the provisions
of this ordinance prior to the commencement of any development activities within
Special Flood Hazard Areas determined in accordance with the provisions of Section IV-
B.
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SECTION III-D. COMPLIANCE.
No structure or land shall hereafter be located,extended, converted,altered,or
developed in any way without full compliance with the terms of this ordinance and other
applicable regulations.
SECTION III-E.ABROGATION AND GREATER RESTRICTIONS.
This ordinance shall not in any way repeal, abrogate,impair, or remove the necessity of
compliance with any other laws,ordinances,regulations,easements, covenants, or deed
restrictions,etcetera. However,where this ordinance and another conflict or overlap,
whichever imposes more stringent or greater restrictions shall control.
SECTION III-F. INTERPRETATION.
In the interpretation and application 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.
SECTION III-G. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the Special Flood Hazards
Areas or uses permitted within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the City of Rexburg or by any
officer or employee thereof for flood damages that result from reliance on this ordinance
or an administrative decision lawfully made hereunder.
SECTION III-H. PENALTIES FOR VIOLATION.
No structure or land shall hereafter be located,extended, converted,or altered unless in
full compliance with the terms of this ordinance and other applicable regulations.
Violation of the provisions of this ordinance or failure to comply with any of its
requirements,including violation of conditions and safeguards established in connection
with grants of variance or special exceptions, shall constitute a misdemeanor. Any
person who violates this ordinance or fails to comply with any of its requirements shall,
upon conviction thereof,be fined not more than$300 or imprisoned for not more than
180 days,or both.Nothing herein contained shall prevent the City of Rexburg from
taking such other lawful actions as is necessary to prevent or remedy any violation.
ARTICLE IV.ADMINISTRATION.
SECTION IV-A. DESIGNATION OF FLOODPLAIN ORDINANCE
ADMINISTRATOR.
The Mayor will appoint a staff member to act as the"Floodplain Administrator", to
administer and implement the provisions of this ordinance. If a Floodplain
Administrator has not been appointed by the Mayor or if the appointed person is no
longer able to perform these duties, the ordinance will be administered and implemented
by the City Building Official,until a new Floodplain Administrator is appointed.
SECTION IV-B. DUTIES AND RESPONSIBILITIES OF THE
FLOODPLAIN ADMINISTRATOR.
The Floodplain Administrator shall perform,but not be limited to,the following duties:
1. Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of
this ordinance have been satisfied and all proposed development is reasonably safe
from flooding.
2. Review all proposed development within Special Flood Hazard Areas to assure that
all necessary Local, State,and Federal permits have been received,including Section
404 of the Federal Water Pollution Control Act Amendments of 1972,33 USC 1334.
Page 9 of 23
i
3. Notify adjacent communities and the Idaho Department of Water Resources State
Coordinator for the National Flood Insurance Program(NFIP)prior to any
alteration or relocation of a watercourse and submit evidence of such notification to
the Federal Insurance Administrator(FIA).
4. Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained;
5. Obtain and maintain actual elevation (in relation to mean sea level) of the lowest
floor (including basement) and all attendant utilities of all new and substantially
improved structures,in accordance with the provisions of Section IV-C.3.
6. Obtain and maintain actual elevation (in relation to mean sea level) to which all new
and substantially improved structures and utilities have been floodproofed,in
accordance with the provisions of Section IV-C.3.
7. Review plans to verify public utilities are constructed in accordance with the
provisions of Sections V-A.5 to .7.
8. When floodproofing is utilized for a particular structure, obtain and maintain
certifications from a registered professional engineer or architect in accordance with
the provisions of Section IV-C.3 and Section V-13_2.
9. Where interpretation is needed as to the exact location of boundaries of the Special
Flood Hazard Areas,and floodways (for example,where there appears to be a
conflict between a mapped boundary and actual field conditions),make the necessary
interpretation. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in this article.
10. Permanently maintain all records that pertain to the administration of this ordinance
and make these records available for public inspection, recognizing that such
information may be subject to the Privacy Act of 1974, as amended.
11. Make on-site inspections of work in progress.As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of the permit. In
exercising this power,the Floodplain Administrator has a right,upon presentation of
proper credentials, to enter on any premises within the jurisdiction of the community
at any reasonable hour for the purposes of inspection or other enforcement action.
12. Issue stop-work orders as required. Whenever a building or part thereof is being
constructed,reconstructed,altered, or repaired in violation of this ordinance,the
Floodplain Administrator may order the work to be immediately stopped. The stop-
work order shall be in writing and directed to the person doing or in charge of the
work. The stop-work order shall state the specific work to be stopped,the specific
reason(s) for the stoppage,and the condition(s) under which the work may be
resumed. Violation of a stop-work order constitutes a misdemeanor.
13. Revoke floodplain development permits as requited.The Floodplain Administrator
may revoke and require the return of the floodplain development permit by notifying
the permit holder in writing stating the reason(s) for the revocation. Permits shall be
revoked for any substantial departure from the approved application,plans,and
specifications; for refusal or failure to comply with the requirements of State or local
laws;or for false statements or misrepresentations made in securing the permit.Any
floodplain development permit mistakenly issued in violation of an applicable State
or local law may also be revoked.
14. Make periodic inspections throughout the Special Flood Hazard Areas within the
jurisdiction of the community. The Floodplain Administrator and each member of
his or her inspections department shall have a right,upon presentation of proper
credentials,to enter on any premises within the territorial jurisdiction of the
department at any reasonable hour for the purposes of inspection or other
enforcement action.
15. Follow through with corrective procedures of Section IV-D.
16. Review,provide input, and make recommendations for variance requests.
Page 10 of 23
17. Maintain a current map repository to include,but not limited to, the FIS Report,
FIRM and other official flood maps,and studies adopted in accordance with the
provisions of Section III-B of this ordinance,including any revisions thereto
including Letters of Map Change,issued by FEMA.Notify the NFIP State
Coordinator and FEMA of your community's mapping needs.
1$. Coordinate revisions to FIS reports and FIRMs,including Letters of Map Revision
Based on Fill (LOMB-Fs) and Letters of Map Revision (LOMRs).
19. 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.
20. 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
FHBM's and 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.
SECTION IV-C. FLOODPLAIN DEVELOPMENT APPLICATION,
PERMIT,AND CERTIFICATION REQUIREMENTS
1. Application Requirements.Application for a Floodplain Development Permit shall
be made to the Floodplain Administrator prior to any development activities located
within Special Flood Hazard Areas.The following items shall be presented to the
Floodplain Administrator to apply for a floodplain development permit:
a. A plot plan drawn to scale which shall include,but shall not be limited to, the
following specific details of the proposed floodplain development:
i. the nature,location, dimensions,and elevations of the area of
development/disturbance;existing and proposed structures,utility systems,
grading/pavement areas, fill materials, storage areas,drainage facilities, and
other development;
ii. the boundary of the Special Flood Hazard Area as delineated on the FIRM
or other flood map as determined in Section III-B,or a statement that the
entire lot is within the Special Flood Hazard Area;
iii. the flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map as determined in Section III-
B;
iv. the boundary of the floodway(s) as determined in Section III-B;
V. the Base Flood Elevation (BFE) where provided as set forth in Section III-
B;Section III-C;or Section V-C;and
vi. the old and new location of any watercourse that will be altered or
relocated as a result of proposed development.
b. Proposed elevation,and method thereof,of all development within a Special
Flood Hazard Area including but not limited to:
i. Elevation in a relation to mean sea level of the proposed lowest floor
(including basement) of all structures;
ii. Elevation in relation to mean sea level to which any non-residential
structure in Zone AE will be floodproofed;and
iii. Elevation in relation to mean sea level to which any proposed utility
equipment and machinery will be elevated or floodproofed.
Page 11 of 23
c. If floodproofing,a Floodproofing Certificate (FEMA Form 086-0-33)with
supporting data,an operational plan,and an inspection and maintenance plan
that include,but are not limited to,installation,exercise,and maintenance of
floodproofing measures will be required prior to Certificate of
Occupancy/Completion.
d. A Foundation Plan,drawn to scale,which shall include details of the proposed
foundation system to ensure all provisions of this ordinance are met. These
details include but are not limited to:
i. The proposed method of elevation,if applicable (i.e., fill,solid foundation
perimeter wall, solid backfilled foundation,open foundation,or on
columns/posts/piers/piles/shear walls);and
ii. Openings to facilitate automatic equalization of hydrostatic flood forces on
walls in accordance with Section V-A.8.b.when solid foundation perimeter
walls are used in Zones AE.
e. Usage details of any enclosed areas below the lowest floor.
f. Plans and/or details for the protection of public utilities and facilities such as
sewer,gas,electrical,and water systems to be located and constructed to
mini+ ize flood damage.
g. Certification that all other Local,State,and Federal permits required prior to
floodplain development permit issuance have been received.
h. Documentation for placement of recreational vehicles and/or temporary
structures,when applicable,to ensure that the provisions of Sections V-13.5 to .6
of this ordinance are met.
i. A description of proposed watercourse alteration or relocation,when applicable,
including an engineering report on the effects of the proposed project on the
flood-carrying capacity of the watercourse and the effects to properties located
both upstream and downstream;and
j. A map (if not shown on plot plan) showing the location of the proposed
watercourse alteration or relocation.
2. Permit Requirements.The Floodplain Development Permit shall include,but not be
limited to:
a. A complete description of all the development to be permitted under the
floodplain development permit(i.e. house,garage,pool,septic,bulkhead,cabana,
pole barn, chicken coop, pier,bridge, mining, dredging, filling,rip-rap,docks,
grading,paving, excavation or drilling operations,or storage of equipment or
materials,etcetera).
b. The Special Flood Hazard Area determination for the proposed development in
accordance with available data specified in Section III-B.
c. The Flood Protection Elevation required for the lowest floor and all attendant
utilities.
d. The Flood Protection Elevation required for the protection of all utility
equipment and machinery.
e. All certification submittal requirements with timelines.
f. The flood openings requirements,if in Zones AE.
g. All floodplain development permits shall be conditional upon the start of
construction of work within 180 days. A floodplain development permit shall
expire 180 days after issuance unless the permitted activity has commenced as
per the Start of Construction definition.
h. Fully enclosed areas below the lowest floor are usable solely for parking of
vehicles,building access, or storage.
i. All materials below BFE/FPE must be flood resistant materials.
3. Certification Requirements.
Page 12 of 23
a. Elevation Certificates
i. A Construction Drawings Elevation Certificate (FEMA Form 86-0-33) is
RECOMMENDED prior to the actual start of any new construction.
ii. A Building Under Construction Elevation Certificate (FEMA Form 86-0-
33) is RECOMMENDED after the lowest floor is established.
iii. A final as-built Finished Construction Elevation Certificate (FEMA Form
86-0-33)is REQUIRED after construction is completed and prior to
Certificate of Compliance/Occupancy issuance. It shall be the duty of the
permit holder to submit to the Floodplain Administrator a certification of
final as-built construction of the elevation of the lowest floor and all
attendant utilities.The Floodplain Administrator shall review the certificate
data submitted. Deficiencies detected by such review shall be corrected by
the permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances, another certification
may be required to certifq corrected as-built construction. Failure to
submit the certification or failure to make required corrections shall be
cause to withhold the issuance of a Certificate of Compliance/Occupancy.
b. Floodproofing Certificate. If non-residential floodproofing is used to meet the
Flood Protection Elevation requirements,design plans,with supporting data,an
operational plan,and an inspection and maintenance plan are required prior to
the actual start of any new construction. It shall be the duty of the permit holder
to submit to the Floodplain Administrator a certification of the floodproofed
design elevation of the lowest floor and all attendant utilities,in relation to mean
sea level. Floodproofing certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same. The
Floodplain Administrator shall review the certificate data,the operational plan,
and the inspection and maintenance plan. Deficiencies detected by such review
shall be corrected by the applicant prior to permit approval. Failure to submit
the certification or failure to make required corrections shall be cause to deny a
Floodplain Development Permit.Prior to request for a Certificate of
Compliance/Occupancy a Floodproofing Certificate (FEMA Form 086-0-34)
shall be provided to the Floodplain Administrator for review and approval.
c. If a manufactured home is placed within Zone AE and the elevation of the
chassis is more than 36 inches in height above grade,an engineered foundation
certification is required in accordance with the provisions of Section V-B.3.b.
d. If a watercourse is to be altered or relocated,the following shall all be submitted
by the permit applicant prior to issuance of a floodplain development permit:
i. a description of the extent of watercourse alteration or relocation;and
ii. a professional engineer's certified report on the effects of the proposed
project on the flood-carrying capacity of the watercourse and the effects to
properties located both upstream and downstream;and
iii. a map showing the location of the proposed watercourse alteration or
relocation;and
iv. an Idaho Stream Channel Alteration Permit approval shall be provided by
the applicant to the Floodplain Administrator.
e. Certification Exemptions. The following structures,are exempt from the
elevation/floodproofing certification requirements specified in items a.and b. of
this subsection:
i. Recreational Vehicles meeting requirements of Section V-B.5.a;
ii. Temporary Structures meeting requirements of Section V-B.6;and
iii. Accessory Structures less than 200 square feet meeting requirements of
Section V-B.7.
4. Determinations for Existing Buildings and Structures. For applications for building
permits to improve buildings and structures,including alterations, movement,
enlargement,replacement,repair,change of occupancy,additions,rehabilitations,
Page 13 of 23
renovations,improvements, repairs of damage,and any other improvement of or
work on such buildings and structures, the Floodplain Administrator,in coordination
with the Building Official, shall:
a. Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work. In the case of
repair,the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
b. Compare the cost to perform the improvement,the cost to repair a damaged
building to its pre-damaged condition,or the combined costs of improvements
and repairs, if applicable,to the market value of the building or structure;
c. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage;and
d. Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the adopted Idaho Building Code and this
ordinance is required.
5. Any other information deemed necessary for review of public safety and floodplain
management requirements by the floodplain administrator.
SECTION IV-D. CORRECTIVE PROCEDURES
1. Violations to be Corrected.When the Floodplain Administrator finds violations of
applicable State and local laws,it shall be his or her duty to notify the owner or
occupant of the building of the violation. The owner or occupant shall immediately
remedy each of the violations of law cited in such notification.
2. Actions in Event of Failure to Take Corrective Action. If the owner of a building or
property shall fail to take prompt corrective action,the Floodplain Administrator
shall give the owner written notice,by certified or registered mail to the owner's last
known address or by personal service, stating:
a. that the building or property is in violation of the floodplain management
regulations;
b. that a hearing will be held before the Floodplain Administrator at a designated
place and time,not later than ten (10) days after the date of the notice,at which
time the owner shall be entitled to be heard in person or by counsel and to
present arguments and evidence pertaining to the matter;and
c. that following the hearing,the Floodplain Administrator may issue an order to
alter,vacate, or demolish the building;or to remove fill as applicable.
3. Order to Take Corrective Action. If,upon a hearing held pursuant to the notice
prescribed above,the Floodplain Administrator shall find that the building or
development is in violation of the Flood Damage Prevention Ordinance,he or she
shall issue an order in writing to the owner,requiring the owner to remedy the
violation within a specified time period,not less than sixty (60) calendar days,nor
more than one-hundred-eighty (180) calendar days. Where the Floodplain
Administrator finds that there is imminent danger to life or other property,he or she
may order that corrective action be taken in such lesser period as may be feasible.
4. Appeal. Any owner who has received an order to take corrective action may appeal
the order to the local elected governing body by giving notice of appeal in writing to
the Floodplain Administrator and the clerk within ten (10) days following issuance of
the final order. In the absence of an appeal, the order of the Floodplain
Administrator shall be final. The local governing body shall hear an appeal within a
reasonable time and may affirm,modify and affirm, or revoke the order.
5. Failure to Comply with Order. If the owner of a building or property fails to comply
with an order to take corrective action for which no appeal has been made or fails to
comply with an order of the governing body following an appeal,the owner shall be
guilty of a misdemeanor and shall be punished at the discretion of the court.
Page 14 of 23
SECTION IV-E. VARIANCE PROCEDURES.
1. The City Council as established by the City of Rexburg,hereinafter referred to as the
"appeal board", shall hear and decide requests for variances from the requirements
of this ordinance.
2. Variances may be issued for:
a. the repair or rehabilitation of historic structures upon the determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and that the variance is the minimum necessary
to preserve the historic character and design of the structure;
b. functionally dependent facilities,if determined to meet the definition as stated in
Article II of this ordinance,provided provisions of Sections IV-E.8.b,c,and d,
have been satisfied,and such facilities are protected by methods that minimize
flood damages during the base flood and create no additional threats to public
safety;or
c. any other type of development,provided it meets the requirements of this
Section.
3. In passing upon variances,the appeal board shall consider all technical evaluations,
all relevant factors, all standards specified in other sections of this ordinance,and:
a. the danger that materials may be swept onto other lands to the injury of others;
b. the danger to life and property due to flooding or erosion damage;
c. the susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
d. the importance of the services provided by the proposed facility to the
community;
e. the necessity to the facility of a waterfront location as defined under Article II of
this ordinance as a functionally dependent facility,where applicable;
f. the availability of alternative locations,not subject to flooding or erosion
damage, for the proposed use;
g. the compatibility of the proposed use with existing and anticipated development;
h. the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. the safety of access to the property in tithes of flood for ordinary and emergency
vehicles;
j. 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
k. 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.
4. The applicant shall include a written report addressing each of the above factors in
Sections IV-E.3.a to A with their application for a variance.
5. Upon consideration of the factors listed above and the purposes of this ordinance,
the appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purposes and objectives of this ordinance.
6. Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official specifying the difference between the Base Flood
Elevation (BFE) and the elevation to which the structure is to be built and that such
construction below the BFE increases risks to life and property,and that the
issuance of a variance to construct a structure below the BFE will result in increased
premium rates for flood insurance up to$25 per$100 of insurance coverage. Such
notification shall be maintained with a record of all variance actions,including
justification for their issuance.
Page 15 of 23
7. The Floodplain Administrator shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Administrator and the State of Idaho
upon request.
8. Conditions for Variances:
a. Variances shall not be issued when the variance will make the structure in
violation of other Federal,State, or local laws,regulations,or ordinances.
b. Variances shall not be issued within any designated floodway if the variance
would result in any increase in flood levels during the base flood discharge.
c. Variances shall only be issued upon a determination that the variance is the
minimum necessary,considering the flood hazard, to afford relief.
d. Variances shall only be issued prior to development permit approval.
e. Variances shall only be issued upon:
i. a showing of good and sufficient cause;
ii. a determination that failure to grant the variance would result in
exceptional hardship;and
iii. a determination that the granting of a variance will not result in increased
flood heights,additional threats to public safety,of extraordinary public
expense, create nuisance,cause fraud on or victimization of the public,or
conflict with existing local laws or ordinances.
9. A variance may be issued for solid waste disposal facilities or sites,hazardous waste
management facilities,salvage yards,and chemical storage facilities that are located in
Special Flood Hazard Areas provided that all of the following conditions are met.
a. The use serves a critical need in the community.
b. No feasible location exists for the use outside the Special Flood Hazard Area.
c. The lowest floor of any structure is elevated or floodproofed to at least the
Flood Protection Elevation.
d. The use complies with all other applicable Federal,State and local laws.
10. The City of Rexburg will notify the State NFIP Coordinator of the Idaho
Department of Water Resources of its intention to grant a variance at least thirty (30)
calendar days prior to granting the variance.
11. Any person aggrieved by the decision of the appeal board may appeal such decision
to the Court,as provided in Idaho Code 67-6535.
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION V-A. GENERAL STANDARDS
In all Special Flood Hazard Areas the following provisions are required:
1. All new construction,substantial improvements,and development shall be designed
(or modified) and adequately anchored to prevent flotation, collapse,and lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
2. All new construction,substantial improvements,and development shall be
constructed with materials and utility equipment resistant to flood damage in
accordance with the Technical Bulletin 2, Flood Damage-Resistant Materials
Requirements,and available from the Federal Emergency Management Agency.
3. All new construction,substantial improvements,and development shall be
constructed by methods and practices that minimize flood damages.
4. All new and replacement electrical,heating,ventilation,plumbing,and air
conditioning equipment,and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components during
conditions of flooding to the Flood Protection Elevation. These include,but are not
limited to,HVAC equipment,water softener units,bath/kitchen fixtures,ductwork,
electric/gas meter panels/boxes,utility/cable boxes,hot water heaters,and electric
Page 16 of 23
outlets/switches.
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
G. All new and replacement sanitary sewage systems shall be designed to*Y i imine or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into flood waters.
7. On-site waste disposal systems shall be located and constructed to avoid impairment
to them or contamination from them during flooding.
8. A fully enclosed area, of new construction and substantially improved structures,
which is below the lowest floor used solely for parking,access,and storage shall:
a. be constructed entirely of flood resistant materials at least to the Flood
Protection Elevation;and
b. include,in Zones AE flood openings to automatically equalize hydrostatic flood
forces on walls by allowing for the entry and exit of floodwaters.To meet this
requirement,the openings must either be certified by a professional engineer or
architect or meet or exceed the following minimum design criteria:
i. A minimum of two flood openings on different sides of each enclosed area
subject to flooding;
ii. The total net area of all flood openings must be at least one (1) square inch
for each square foot of enclosed area subject to flooding;
iii. If a building has more than one enclosed area, each enclosed area must
have flood openings to allow floodwaters to automatically enter and exit;
iv. The bottom of all required flood openings shall be no higher than one (1)
foot above the interior or exterior adjacent grade;
V. Flood openings may be equipped with screens,louvers, or other coverings
or devices,provided they permit the automatic flow of floodwaters in both
directions;and
vi. Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes,and, therefore, do not require flood openings.
Masonry or flood resistant wood underpinning,regardless of structural
status,is considered an enclosure and requires flood openings as outlined
above.
9. Any alteration,repair,reconstruction, or improvements to a structure,which is in
compliance with the provisions of this ordinance,shall meet the requirements of
"new construction" as contained in this ordinance.
10. Nothing in this ordinance shall prevent the repair,reconstruction, or replacement of
a building or structure existing on the effective date of this ordinance and located
totally or partially within the floodway, or stream setback,provided there is no
additional encroachment below the Flood Protection Elevation in the floodway,or
stream setback, and provided that such repair,reconstruction,or replacement meets
all of the other requirements of this ordinance.
11. New solid waste disposal facilities and sites, hazardous waste management facilities,
salvage yards,and chemical storage facilities shall not be permitted,except by
variance as specified in Section IV-E.9.A structure or tank for chemical or fuel
storage incidental to an allowed use or to the operation of a water treatment plant or
wastewater treatment facility may be located in a Special Flood Hazard Area only if
the structure or tank is either elevated or floodproofed to at least the Flood
Protection Elevation and certified in accordance with the provisions of Section IV-
C.3.
12. All subdivision proposals and other development proposals shall be consistent with
the need to minimize flood damage and determined to be reasonably safe from
flooding.
13. All subdivision proposals and other development proposals shall have public utilities
and facilities such as sewer,gas, electrical,and water systems located and constructed
Page 17 of 23
to minimize flood damage.
14. All subdivision proposals and other development proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
15. All subdivision proposals and other development proposals shall have received all
necessary permits from those governmental agencies for which approval is required
by Federal or State law,including Section 404 of the Federal Water Pollution Control
Act Amendments of 1972,33 USC 1334.
16. All subdivision proposals and other development proposals greater than 50 lots or 5
acres,whichever is the lesser,shall include within such proposals base flood
elevation data.
17. When a structure is partially located in a Special Flood Hazard Area, the entire
structure shall meet the requirements for new construction and substantial
improvements.
18. When a structure is located in multiple flood hazard zones or in a flood hazard risk
zone with multiple base flood elevations,the provisions for the more restrictive
flood hazard risk zone and the highest Base Flood Elevation (BFE) shall apply.
SECTION V-B. SPECIFIC STANDARDS
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been
provided,as set forth in Section III-B, the following provisions,in addition to the
provisions of Section V-A,are required:
1. Residential Construction. New construction, substantial improvements, and
development of any residential structure(including manufactured homes) shall have
the lowest floor,including basement,and utilities including ductwork, elevated no
lower than the Flood Protection Elevation,as defined in Article II of this ordinance.
2. Non-Residential Construction.New construction,substantial improvements,and
development of any commercial,industrial or other non-residential structure shall
have the lowest floor,including basement,and utilities including ductwork,elevated
no lower than the Flood Protection Elevation,as defined in Article II of this
ordinance. Structures located in Zone AE may be floodproofed to the Flood
Protection Elevation in lieu of elevation provided that all areas of the structure,
together with attendant utility and sanitary facilities,below the Flood Protection
Elevation are watertight with walls substantially impermeable to the passage of water,
using structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy.A registered professional engineer
or architect shall certify that the floodproofing standards of this subsection are
satisfied. Such certification shall be provided to the Floodplain Administrator as set
forth in Section IV-C.3,along with the operational plan and the inspection and
maintenance plan.
3. Manufactured Homes.
a. New and replacement manufactured homes shall be elevated so that the lowest
floor of the manufactured home is no lower than the Flood Protection
Elevation,as defined in Article II of this ordinance.
b. Manufactured homes shall be securely anchored to an adequately anchored
foundation to resist flotation,collapse,and lateral movement,either by certified
engineered foundation system,or in accordance with the most current edition of
the Idaho Division of Building Safety's"Idaho Manufactured Home Installation
Standard"in accordance with Idaho Code S 442201(2). Additionally,when the
elevation would be met by an elevation of the chassis thirty-six (36) inches or less
above the grade at the site,the chassis shall be supported by reinforced piers or
engineered foundation.When the elevation of the chassis is above thirty-six (36)
inches in height, an engineering certification is required.
c. All enclosures or skirting below the lowest floor shall meet the requirements of
Sections V-A.8.a and b.
d. An evacuation plan must be developed for evacuation of all residents of all new,
substantially improved,or substantially damaged manufactured home parks or
Page 18 of 23
subdivisions located within flood prone areas.This plan shall be filed with and
approved by the Floodplain Administrator and the local Emergency
Management Coordinator.
4. Additions/Improvements.
a. Additions and/or improvements to pre-FIRM structures when the addition
and/or improvements in combination with any interior modifications to the
existing structure are
i. not a substantial improvement, die addition and/or improvements must be
designed to minimize flood damages and must not be any more non-
conforming than the existing structure;or
ii. a substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
b. Additions to non-compliant post-FIRIvi structures that are a substantial
improvement with no modifications to the existing structure other than a
standard door in the common wall shall require only the addition to comply with
the standards for new construction.
c. Additions and/or improvements to non-compliant post-FIRM structures when
the addition and/or improvements in combination with any interior
modifications to the existing structure are
i. not a substantial improvement, the addition and/or improvements only
must comply with the standards for new construction; or
ii. a substantial improvement,both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
d. Any combination of repair, reconstruction,rehabilitation, addition, or
improvement of a building or structure taking place during a 2 year period, the
cumulative cost of which equals or exceeds 50 percent(50%) of the market value
of the structure before the improvement or repair is started, must comply with
the standards for new construction. For each building or structure, the 2 year
period begins on the date of the first improvement or repair of that building or
structure subsequent to the effective date of this ordinance. If the structure has
sustained substantial damage,any repairs are considered substantial improvement
regardless of the actual repair work performed. The requirement does not,
however,include either:
i. any project for improvement of a building required to correct existing
health, sanitary, or safety code violations identified by the building official
and that are the minimum necessary to assume safe living conditions;or
ii. any alteration of a historic structure provided that the alteration will not
preclude the structure's continued designation as a historic structure.
5. Recreational Vehicles. Recreational vehicles shall be either:
a. Temporary Placement
i. be on site for fewer than 180 consecutive days and be fully licensed and
ready for highway use (a recreational vehicle is ready for highway use if it is
on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities, and has no permanently attached additions);or
b. Permanent Placement.
i. Recreational vehicles that do not meet the limitations of Temporary
Placement shall meet all the requirements for new construction,as set forth
in Sections V-A,V-13.1, and V-13.3.
6. Temporary Non-Residential Structures. Prior to the issuance of a floodplain
development permit for a temporary structure, the applicant must submit to the
Floodplain Administrator a plan for the removal of such structure(s) in the event of
a flash flood or other type of flood warning notification. The following information
Page 19 of 23
shall be submitted in writing to the Floodplain Administrator for review and written
approval:
a. a specified time period for which the temporary use will be permitted.Time
specified may not exceed six (G) months,renewable up to one (1) year;
b, the name,address,and phone number of the individual responsible for the
removal of the temporary structure;
c. the time frame prior to the event at which a structure will be removed(i.e.,
immediately upon flood warning notification);
d. a copy of the contract or other suitable instrument with the entity responsible for
physical removal of the structure;and
e. designation,accompanied by documentation, of a location outside the Special
Flood Hazard Area, to which the temporary structure will be moved.
f. Temporary structures in the floodway must provide a Hydraulic and Hydrology
Analysis along with a No-Rise Certification.
7. Accessory and Agricultural Structures (Appurtenant structures).When accessory
structures (sheds,detached garages,etc.) used solely for parking,and storage are to
be placed within a Special Flood Hazard Area, elevation or floodproofing
certifications are required for all accessory structures in accordance with Section fV-
C.3,and the following criteria shall be met:
a. Accessory structures shall not be used for human habitation (including working,
sleeping,living, cooking, or restroom areas);
b. Accessory structures shall not be temperature-controlled;
c. Accessory structures shall be designed to have low flood damage potential;
d. Accessory structures shall be constructed and placed on the building site so as to
offer the minimum resistance to the flow of floodwaters;
e. Accessory structures shall be firmly anchored in accordance with the provisions
of Section V-A.1;
f. All utility equipment and machinery, such as electrical,shall be installed in
accordance with the provisions of Section V-A.4;and
g. Flood openings to facilitate automatic equalization of hydrostatic flood forces
shall be provided below Flood Protection Elevation in conformance with the
provisions of Section V-A.8.
h. Accessory structures not used solely for parking,access,and storage must be
elevated per Sections V-B.1 and 2.
i. An accessory structure with a footprint less than 200 square feet and is a minimal
investment of$7,500 or less and satisfies the criteria outlined in paragraphs a -g
above is not required to provide the elevation certificate per Section V-B.2.
8. Tanks.When gas and liquid storage tanks are to be placed within a Special Flood
Hazard Area,the following criteria shall be met:
a. Underground tanks in flood hazard areas shall be anchored to prevent flotation,
collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the base flood,including the effects of buoyancy (assuming
the tank is empty);
b. Elevated above-ground tanks,in flood hazard areas shall be attached to and
elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation,collapse, or lateral movement during conditions of
the base flood.Tank-supporting structures shall meet the foundation
requirements of the applicable flood hazard area;
c. Not elevated above-ground tanks may be permitted in flood hazard areas
provided the tanks are anchored or otherwise designed and constructed to
prevent flotation,collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood,including the effects of
buoyancy assuming the tank is empty and the effects of flood-borne debris.
Page 20 of 23
d. Tank inlets, fill openings,outlets and vents shall be:
i. at or above the flood protection elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the contents of the tanks
during conditions of the base flood;and
ii. anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads,including the effects of buoyancy,during conditions of
the base flood.
9. Construction of Below-Grade Crawlspace.
a. The interior grade of a crawlspace must not be below the BFE and must not be
more than two (2) feet below the exterior lowest adjacent grade (LAG).
b. The height of the below-grade crawlspace,measured from the interior grade of
the crawlspace to the top of the crawlspace foundation wall,must not exceed
four(4) feet at any point.
c. There must be an adequate drainage system that removes floodwaters from the
interior area of the crawlspace. The enclosed area should be drained within a
reasonable time after a flood event.
d. The velocity of floodwaters at the site should not exceed five (5) feet per second
for any crawlspace.
10. Subdivision plats. Flood zones.
a. A note must be provided on the final plat documenting the current flood zone in
which the property or properties are located.The boundary line must be drawn
on the plat in situations where two or more flood zones intersect over the
property or properties being surveyed.An example note is as follows:
FEMA FIRM panel(s): #16065C0020D
FIRM effective date(s): 6/3/1991
Flood Zone(s): Zone X,Zone AE
Base Flood Elevation(s): AE .0 ft., etc.
Flood Zones are subject to change by FEMA &all land within a floodway or
floodplain is regulated by Ordinance 1272 of the City Code.
11. Critical Facilities: Construction of new critical facilities shall be,to the extent
possible,located outside the limits of the special flood hazard area (SFHA) (100-year
floodplain). Construction of new critical facilities shall be permissible within the
SFHA if no feasible alternative site is available. Critical facilities constructed within
the SFHA shall have the lowest floor elevated three feet(3') above BFE or to the
height of the 500-year flood,whichever is higher. Access to and from the critical
facility should also be protected to the height utilized above. Floodproofing and
sealing measures must be taken to ensure that toxic substances will not be displaced
by or released into floodwaters. Access routes elevated to or above the level of the
base flood elevation shall be provided to all critical facilities to the extent possible.
SECTION V-C. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE
FLOOD ELEVATIONS BUT WITHOUT ESTABLISHED FLOODWAYS.
Along rivers and streams where Base Flood Elevation (BFE) data is provided by FEMA
or is available from another source but floodways are not identified for a Special Flood
Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to
all development within such areas:
1. Standards of Sections V-A and V-B;and
2. Until a regulatory floodway is designated, no encroachments,including fill,new
construction, substantial improvements,or other development shall be permitted
unless certification with supporting technical data by a registered professional
engineer is provided demonstrating that the cumulative effect of the proposed
development,when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more than one foot at
any point within the community.
Page 21 of 23
ARTICLE VI. LEGAL STATUS PROVISIONS
SECTION VI-A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE
EXISTING FLOOD DAMAGE PREVENTION ORDINANCE
'Phis ordinance,in part, comes forward by re-enactinent of some of the provisions of
Ordinance 717 adopted on April 17, 1991 and replaced by Ordinance 1129 adopted on
April 15, 2015, and it is not the intention to repeal but rather to re-enact and continue to
enforce without interruption of such existing provisions, so that all rights and liabilities
that have accrued thereunder are reserved and may be enforced. The enactment of this
ordinance shall not affect any action, suit, or proceeding instituted or pending. All
provisions of Ordinance 717 adopted on April 17, 1991 and replaced by Ordinance 1129
adopted on April 15, 2015,which are not reenacted herein are repealed.
SECTION VI-B. EFFECT UPON OUTSTANDING FLOODPLAIN
DEVELOPMENT PERMITS
Nodvng herein contained shall require any change in the plans, construction, size,or
designated use of any development or any part thereof for which a Floodplain
Development Permit has been granted by the Floodplain Administrator or his or her
authorized agents before the time of passage of this ordinance. Provided, however,that
when construction is not begun under such outstanding permit within a period of 180
days subsequent to the date of issuance of the outstanding permit, construction or use
shall be in conformity with the provisions of this ordinance.
SECTION VI-C. SEVERABILITY
The ordinance 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
hallcontinue in full force and effect and shall be read to carry out the purpose(s) of the
ordinance before the declaration of partial invalidity.
SECTION VI-D. EFFECTIVE DATE
This ordinance shall take effect and be in full force and effect from and after its passage,
approval and due publication as provided by law.
ARTICLE VII. SUMMARY OF ORDINANCE:
AN ORDINANCE REPEALING AND REPLACING ORDINANCE 1129 TO
UPDATE THE CITY'S FLOOD DANLAGE PREVENTION ORDINANCE TO
NIEET CURRENT STATE OF IDAHO AND FEI\,LA RE,GUI--- TIONS.
I, Stephen Zollinger, City Attorney for the city of Rexburg, Idaho, hereby declare and
certify that in my capacity as City Attorney of the city of Rexburg,pursuant to Idaho
Code section 50-901A (3) of the Idaho Code as amended, I have revietiwed a copy of the
above Summary of Ordinance,have found the same to be true and complete,and said
Summary of Ordinance provides adequate notice to the public of the contents, including
the exhibits, of Ordinance No. 1272.
DATED this 15"'day of December,2021.
71Q=4&:�54
Stephen Zollinger,City ' torney
Rexburg, Idaho
Page 22 of 23
PASSED BY THE COUNCIL AND APPROVED BY THE hLAYOR This 15" day of
December, 2021.
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ATTEST:
De orah Lovejoy, Cite Clerk
STATE OF IDAHO )
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County of Madison }
I, Deborah Lovejoy, City Clerk of City of Rexburg, Idaho, do hereby certify: That the
above and foregoing is a full, true and correct copy of the Ordinance entitled:
AN ORDINANCE REPEALING AND REPLACING ORDINANCE 1129 TO
UPDATE THE CITY'S FLOOD DAMAGE PREVENTION ORDINANCE TO
MEET CURRENT STATE OF IDAHO AND FEMA REGULATIONS.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this 15`h
day of December,2021.
Deborah Lovejoy, City Clerk
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