HomeMy WebLinkAbout71.167 ORDINANCE NO. 71- 3.67
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SARATOGA REPEALING ARTICLE 16-66 OF AND
ADDING ARTICLE 16-66 TO THE CODE OF THE CITY
OF SARATOGA RELATING TO FLOODPLAIN MANAGEMENT
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 12 Article 16-66 of the Code of the City of Saratoga is hereby
repealed.
SECTION 2. Article 16-66 is hereby added to the Code of the City of
Saratoga, to read as follows:
Article 4 6-66 FLOODPLAIN MANAGEMENT.
Section 16-66.010 FINDINGS OF FACT.
The flood hazard areas of the City of Saratoga are subject to periodic
inundation which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare. These flood losses are caused by
uses that are inadequately elevated, floodproofed, or protected from flood damage.
The cumulative effect of obstructions in areas of special flood hazards which increase
flood heights and velocities also contribute to the flood loss.
Section 16-66.020 STATEMENT OF PURPOSE. It is the purpose of this Article
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:
(a) protect human life and health;
(b) minimize expenditure of public money for costly flood control projects;
- (c) minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(d) minimize prolonged business interruptions;
(e) minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, and streets and bridges, located in
areas of special flood hazard;
(f) help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
(g) ensure that potential buyers are notified that property is in an area of
special flood hazard; and
(h) ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Section 16-66.030 METHODS OF REDUCING FLOOD LOSSES. In order to
accomplish its purposes, this Article includes methods and provisions to:
(a) restrict or prohibit uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging
increases in erosion or flood heights or velocities;
(b) require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(c) control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
(d) control filling, grading, dredging, and other development which may
increase flood damage; and
(e) prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in other
areas.
2
Section 16-66.040. Definitions. -
(a) Unless specifically defined in Paragraph (b) of this Section, words or
phrases used in this Article shall be interpreted so as to give them the meaning
they have in common usage and to give this Article its most reasonable
application.
(b) For the purposes of this Article, the following words and phrases shall have
the meanings respectively ascribed to them by this Section:
( 1 ) "Accesson/use" means a use which is incidental and subordinate to
the principal use of the parcel of land on which it is located.
(2) "Alluvial fan" means a geomorphologic feature characterized by a
cone or fan-shaped deposit of boulders, gravel, and fine sediments that
have been eroded from mountain slopes, transported by flood flows, and
then deposited on the valley floors, and which is subject to flash
flooding, high velocity flows, debris flows, erosion, sediment movement
- . and deposition,,and channel migration. ..
(3) "Apex" means the point of highest elevation on an alluvial fan,
which on undisturbed fans is generally the point where the major stream
that formed the fan emerges from the mountain front.
(4) "Appeal" means a request for a review of the Floodplain
Administrator's interpretation of any provision of this Article.
(5) "Area of shallow flooding" means a designated AO or AH Zone on
the Flood Insurance Rate Map (FIRM). The base flood depths range
from one to three feet; a clearly defined channel does not exist; the path
of flooding is unpredictable and indeterminate; and velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
(6) "Area of special flood hazard" - See "Special flood hazard area."
(7) "Base flood" means a flood which has a one percent chance of being
equaled or exceeded in any given year (also called the "100-year flood").
(8) "Basement" means any area of the building having its floor
subgrade on all sides.
3
- (9) "Building"- see "Structure".
(10) "Development" means 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 or materials.
( 11 ) "Encroachment" means the advance or infringement of uses, plant
growth, fill, excavation, buildings, permanent structures or development
into a floodplain which may impede or alter the flow capacity of a
floodplain.
(12) "Existing manufactured home park or subdivision" means a
manufactured home park or subdivision for which 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 either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain
management regulations adopted by this Article .....
(13) "Expansion to an existing manufactured home park or
subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
manufactured homes are to be affLxed (including the installation of
utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
(14) "FlOod, flooding, or flood water" means:
(i) a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters; the unusual and rapid accumulation or runoff of
surface waters from any source; and/or mudslides (i.e.,
mudflows)--see "Mudslides"; and
(ii) the condition resulting from flood-related erosion - see
"Flood-related erosion".
4
---(15) "Flood Boundary and Floodway Map (FBFM)" means the -
official map on which the Federal Emergency Management Agency or
Federal Insurance Administration has delineated both the areas of
special flood hazards and the floodway.
(16) "Flood Hazard Boundary Map" means the official map on which
the Federal Emergency Management Agency or Federal Insurance
Administration has delineated the areas of flood hazards.
(17) "Flood Insurance Rate Map (FIRM)" means the official map on
which the Federal Emergency Management Agency or Federal Insurance
Administration has delineated both the areas of special flood hazards
and the risk premium zones applicable to the com~nunity.
(18) "Flood Insurance Study" means the official report provided by
the Federal Insurance Administration that includes flood profiles, the
Flood Insurance Rate Map, the Flood Boundary and Floodway Map,
and the water surface elevation of the base flood.
\
(19) "Floodplain or flood-prone area" means any land area
susceptible to being inundated by water from any source - see
"Flooding".
(20) "Floodplain Administrator" is the individual appointed to
administer and enforce the floodplain management regulations.
(21 ) "Floodplain management" means the operation of an overall
program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural resources
in the floodplain, including but not limited to emergency preparedness
plans, flood control works, floodplain management regulations, and
open space plans.
(22) "Floodplain management regulations" means this Article, zoning
ordinances, subdivision regulations, building codes, health regulations,
special purpose ordinances (such as grading and erosion control) and
other application of police power which control development in
flood-prone areas. This term describes federal, state or local regulations
in any combination thereof which provide standards for preventing and
reducing flood loss and damage.
5
(23) "Floodproofing" means any combination of structural and
nonstructural additions, changes, or adjustments to structures which
reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents.
(24) "Floodway" means 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 indeasing the water surface elevation
more than one foot. Also referred to as "Regulatory Floodway".
(25) "Floodway fringe" is that area of the floodplain on either side of
the "Regulatory Floodway" where encroachment may be permitted.
(26) "Fraud and victimization" as related to Sections 16-66.150 and
16-66.160, concerning Variances, means that the variance granted must
not cause fraud on or victimization of the public. In examining this
requirement, the City Council will consider the fact that every newly
constructed building adds to government responsibilities and remains a
part of the community for fifty to one-hundred years. Buildings that are
permitted to be constructed below the base flood elevation are subject
during all those years to increased risk of damage from floods, while
future owners of the property and the community as a whole are subject
to all the costs, inconvenience, danger, and suffering that those
increased flood damages bring. In addition, future owners may purchase
the property, unaware that it is subject to potential flood damage, and
can be insured only at very high flood insurance rates.
(27) "Functionally dependent use" means a use which cannot perform
its intended purpose unless it is located or carried out in close proximity
to water. The term includes only docking facilities, port facilities that
are necessary for the loading and unloading of cargo or passengers, and
ship building and ship repair facilities, and does not include long-term
storage or related manufacturing facilities.
(28) "Hardship" as related to Sections 16-66.150 and 16-66.160,
concerning Variances, means the exceptional hardship that would
result from a failure to grant the requested variance. Mere economic or
financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot, as a rule, qualify as an
6
exceptional-hardship. All of these problems can be resolved through
other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the
parcel to a different use than originally intended.
(29) "Highest adjacent grade" means the highest natural elevation of
the ground surface prior to construction next to the proposed walls of a
structure.
(30) "Historic structure" means any stn~cture that is
(i) listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National
Register; or
(ii) individually listed on a state inventory of historic places.
(31 ) "Levee" means a man-made structure, usually an earthen
embankment, designed and constructed in accordance with sound
engineering practices to contain, control or divert the flow of water so as
to provide protection from temporary flooding.
(32) "Levee system" means a flood protection system which consists of
a levee, or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accord with sound
engineering practices.
(33) "Lowest floor" means the lo~vest floor of the lowest enclosed area,
including basement (see "Basement" definition).
(i) An unfinished or flood resistant enclosure below the lowest
floor that is usable solely for parking of Vehicles, building access
or storage in an area other than a basement area, is not
considered a building's lowest floor provided it conforms to
applicable non-elevation design requirements, including, but not
limited to:
7
..... a. the wet floodproofing standard in Section 16-
66.090(c)(3).
b. the anchoring standards in Section 16-66.090(a).
c. the construction materials and methods standards in
Section 16-66.090(b).
d. the standards for utilities in Section 16-66.100.
(ii) For residential structures, all subgrade enclosed areas are
prohibited as they are considered to be basements (see
"Basement" definition). This prohibition includes below-grade
garages and storage areas.
(34) "Manufactured home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when attached to the
.... required utilities. The term "manufactured home" does,not include a
"recreational vehicle".
(35) "Manufactured home park or subdivision" means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
(36) "Mean sea level" means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD) of
1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
(37) "New construction", for floodplain mdnagement purposes, means
structures for which the "start of construction" commenced on or after
the effective date of floodplain management regulations adopted by the
City, and includes any subsequent improvements to such structures.
(38) "New manufactured home park or subdivision" means a
manufactured home park or subdivision for which 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 either final site grading or the pouring of
8
- - - concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by this community.
(39) "Obstruction" includes, but is not limited to, any dam, wall,
wharf, embankment, levee, dike, pile, abutment, protection, excavation,
channelization, bridge, conduit, culvert, building, wire, fence, rock,
gravel, refuse, fill, structure, vegetation or other material in, along,
across or projecting into any watercourse which may alter, impede,
retard or change the direction and/or velocity of the flow of water, or
due to its location, its propensity to snare or collect debris carried by the
flo~v of water, or its likelihood of being carried downstream.
(40) "One-hundred-year flood" or "100-year flood" - see "Base flood."
(41 ) "Public safety and nuisance" as related to Sections 16-66.150
and 16-66.160, concerning Variances, means that the granting of a
variance must not result in anything which is injurious to safety or
health of an entire community or neighborhood, or any considerable
number of persons, or unlawfully obstructs the flee passage or use, in
the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
(42) "Recreational vehicle" means a vehicle which is
(i) built on a single chassis;
(ii) 400 square feet or less when measured at the largest
horizontal projection;
(iii) designed to be self-propelled or permanently to~vable by a
light-duty truck; and
(iv) designed primarily for use as temporary living quarters for
recreational, camping, travel, or seasonal use.
(43) "Regulatory floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
9
-' -(44) "Remedy a violation" means to bring the structure or other -
development into compliance with State or local floodplain management
regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. 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 State or Federal financial
exposure with regard to the structure or other development.
(45) "Riverine" means relating to, formed by, or resembling a river
(including tributaries), stream, brook, or creek.
(46) "Sheet flow area" - see "Area of shallow flooding".
(47) "Special flood hazard area (SFHA)" means an area having special
flood hazards, and shown on an FHBM or FIRM as Zone A, AO,
A1-A30, AE, A99 or AH.
· (48) -"Start of construction" includes substantial improvement and
other proposed new development 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 from the date of the permit. 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 manufacture home on a
foundation. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual
start of constrUction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
10
- (49) "Structure" means a walled and roofed building that is principally -
above ground; this includes a gas or liquid storage tank or a
manufactured home.
(50) "Substantial damage" means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
(51) "Substantial improvement" means any reconstruction, repair,
rehabilitation, addition, or other proposed new development of a
structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the "start of construction" of the
improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include either:
(i) any project for improvement of a structure to correct existing
violations or state.or. city 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
(ii) any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
(52) "Variance" means a grant of relief from the requirements of this
Article which permits construction in a manner that would otherwise be
prohibited by this ordinance.
(53) "Violation" means the failure of a structure or other development
to be fully compliant with this Article. A structure or other
development without the elevation certificate, other certifications, or
other evidence of compliance required in this Article is presumed to be
in violation until such time as that documentation is provided.
(54) "Water surface elevation" means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929, (or other datum,
11
--where specified) of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
(55) "Watercourse" means a lake, river, creek, stream, wash, arroyo,
channel or other topographic feature on or over which waters fio~v at
least periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
Sectionl 6-66.O50
(a) Lands to which this article applies. -This Article shall apply to all areas of
special flood hazards within the jurisdiction of the City.
(b) Basis for establishing the areas of special flood hazard. The areas of special
flood hazard identified by the Federal Insurance Administration (FIA) of the
Federal Emergency Management Agency (FEMA) in the Flood Insurance
Study (FIS) dated January 17, 1979, and accompanying Flood Insurance Rate
Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated
January 17, 1979, and all-subsequent amendments and/or revisions, are hereby
adopted by reference and declared to be a part of this Article. This FIS and
attendant mapping is the minimum area of applicability of this Article and
may be supplemented by studies for other areas which allow implementation
of this Article and which are recommended to the City Council by the
Floodplain Administrator. The study, FIRMs and FBFMs are on file at City
Hall.
(c) Compliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this
Article and other applicable regulations. Violation of the requirements
(including violations of conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor. Nothing herein shall prevent
the City Council from taking such lawful action as is necessary to prevent or
remedy any violation.
(d) Abrogation and greater restrictions. This Article is not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this Article and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
12
(e) Interpretation. -In the interpretation and application of this Article, 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.
(0 Warning and disclaimer of liability. The degree of flood protection
required by this Article is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-made or
natural causes. This Article does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This Article shall not create liability on the part of
the City or any officer or employee thereof, the State of California, or the
Federal Insurance Administration, Federal Emergency Management Agency,
for any flood damages that result from reliance on this Article or any
administrative decision lawfully made hereunder.
(g) Severability. This Article and the various parts thereof are hereby declared
to be severable. Should any section of this Article be declared by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the
Article as a whole, or any portion thereof other than the section so declared to
be unconstitutional or invalid.
16-66.060 ESTABLISHMENT OF DEVELOPMENT PERMIT. A development
permit shall be obtained before any construction or other development begins within
any area of special flood hazard established in Section 16-66.050(b). Application
for a development permit shall be made on forms furnished by the Floodplain
Administrator and may include, but not be limited to: plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevation of the area in question;
existing or proposed structures, fill, storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the following information is required.
(a) proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures - in Zone AO, elevation of highest
adiacent grade and proposed .elevation of lowest floor of all structures; or
13
(b) proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, if required in Section 16-
66.090(c)(3); and
(c) all appropriate certifications listed in Section 16-66.080(d) this ordinance;
and
(d) description of the extent to which any watercourse Will be altered or
relocated as a result of proposed development.
16-66.070 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The
City Manager or his/her designee is hereby appointed to administer, implement, and
enforce this Article.
16-66.080 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR. The duties and responsibilities of the Floodplain
Administrator shall include, but not be limited to the following.
(a) - Permit Review. Review ill development proposals to determine that
(i) permit requirements of this Article have been satisfied,
(ii) all other required State and federal permits have been obtained,
(iii) the site is reasonably safe from flooding; and
(iv) the proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined but a
floodway has not been designated. For purposes of this Article, "adversely
affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development will
increase the water surface elevation of the base flood more than one foot
at any point.
(b) Review and Use of Any Other Base Flood Data. When base flood
elevation data has not been provided in accordance with Section 16-66.050(b),
the Floodplain Administrator shall obtain, review, and reasonably utilize any
base flood elevation and floodway data available from a federal or state agency,
or other source, in order to administer Section 16-66.090 - 16-66.140. Any
such information shall be submitted to the City Council for adoption.
14
-- (c) Notification of Other Agencies. Whenever a watercourse is to be altered
or relocated, the Floodplain Administrator shall:
(1) notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
(2) submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency; and
(3) require that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
(d) Documentation of Floodplain Development. Obtain and maintain for
public inspection and make available as needed the following:
(1) certification required by Section 16-66.090(c)(1) (lowest floor
elevations),
(2) certification required by Section 16-66.090(c)(2).(elevation or
floodproofing of nonresidential structures),
(3) certification required by Section 16-66.090(c) (3) (wet floodproofing
standard),
(4) certification of elevation required by Section 16-66.110 (subdivision
standards),
(5) certification required by. Section 16-66.140(a) (floodway
encroachments),
(e) Map Determinations. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazard, for example,
where there appears to be a conflict between a mapped boundary and actual
field conditions. The person contesting the location of the boundary ~hall be
given a reasonable opportunity to appeal the interpretation as provided in
Section 16-66.085.
(f) Remedial Action. Take action to remedy violations of this ordinance as
specified in Section 16-66.050(c).
15
-4 6-66.085 APPEALS.
(a) The Planning Commission shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of this Article.
Such appeals shall be governed by the procedure set forth in Article 15-90 of
Chapter 15 of this Code and, in addition thereto, the Planning Commission
shall be guided by the consideration listed in Section 16-66.150(b) of this
Article.
(b) In the event a floodplain (development) permit is issued by the Planning
Commission, as provided in Section 16-66.060, the Commission shall make
the determinations prescribed in Section 16-66.080(a) with respect to such
permit.
16.66.090 STANDARDS OF CONSTRUCTION. In all areas of special flood
hazards the following standards are required:
(a) Anchoring
( 1 ) All new construction and substantial improvements shall be
adequately anchored to prevent flotation, collapse or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
(2) All manufactured homes shall meet the anchoring standards of Section
16-66.120.
(b) ConstruCtion inaterials and methods. All new construction and
substantial improvement shall be constructed:
(1) with materials and utility equipment resistant to flood damage;
(2) using methods and practices that minimize flood damage;
(3) with electrical, heating, ventilation, plumbing and air conditioning
equipxnent and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and if
16
-(4)-within Zones AH or AO, so that there are adequate drainage paths
around structures on slopes to guide flood waters around-and away from
proposed structures.
(c) Elevation and floodproofing. (See Section 16-66.040 definitions for
"basement," "lowest floor," "new construction," "substantial damage" and
"substantial improvement". )
( 1 ) Residential construction, new or substantial improvement, shall have
the lowest floor, including basement,
(i) in an AO zone, elevated above the highest adjacent grade to a
height exceeding the depth number specified in feet on the FIRM by
at least one foot, or elevated at least three feet above the highest
ad}acent grade if no depth number is specified.
(ii) in an A zone, elevated to at least one foot above the base flood
elevation, as determined by the City.
(iii) in all other Zones, elevated to at least one foot above the base
flood elevation.
Upon the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional engineer
or surveyor, and verified by the City's building inspector to be properly
elevated. Such certification and verification shall be provided to the
Floodplain Administrator.
(2) Nonresidential construction, new or substantial improvement, shall
either be elevated to conform with Section 16-66.090(c)( 1 ) or together
with attendant utility and sanitary facilities
(i) be floodproofed below the elevation recommended under Section
16-66.090 (c)( 1 ) so that the structure is watertight with walls
substantially impermeable to the passage of water;
(ii) have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
17
(iii) be certified by a registered professional engineer or architect that
the standards of this Section 16-66.090(c)(2) are satisfied. Such
certification shall be provided to the Floodplain Administrator.
(3) All new construction and substantial improvement with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely
for parking of vehicles, building access or storage, and which are subject to
flooding, shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must exceed the following minimum
criteria:
(i) be certified by a registered professional engineer or architect; or
(ii) have a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area
subject to flooding. The bottom of all openings shall be no higher
than one foot above grade. Openings may be equipped with screens,
louvers, valves or other coverings or devices provided that they permit
the automatic entry and exit of floodwater.
(4) Manufactured homes shall also meet the standards in Section 16-
66.120.
16-66.100 STANDARDS FOR UTILITIES.
(a) All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate:
(I) infiltration of flood waters into the systems; and
(2) discharge from the systems into flood waters.
(b) On-site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding.
16-66.110- STANDARDS FOR SUBDIVISIONS.
(a) All preliminary subdivision proposal~ shall identify the flood hazard area
and the elevation of the base flood.
(b) All subdivision plans shall provide the elevation of proposed structure(s)
and pad(s). If the site is filled above the base flood elevation, the lowest floor
and pad elevations shall be certified by a registered professional engineer or
surveyor and provided to the Floodplain Administrator.
(c) All subdivision proposals shall be consistent with the need to minimize
flood damage.
(d) All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
(e) All subdivisions shall provide adequate drainage to reduce exposure to
flood hazards.
16-66.120 STANDARDS FOR MANUFACTURED HOMES.
(a) All manufactured homes that are placed or substantially improved, within
Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, on
sites located
( 1 ) outside of a manufactured home park or subdivision,
(2) in a new manufactured home park or subdivision,
(3) in an expansion to an existing manufactured home park or
subdivision, or
(4) in an existing manufactured home park or subdivision on a site upon
which a manufactured home has incurred "substantial damage" as the
result of a flood,
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to at least one foot above the base flood
19
- elevation and be securely fastened to an adequately anchored foundation
system to resist flotation collapse and lateral movement.
(b) All manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones A1-30, AH
and AE on the community's Flood Insurance Rate Map that are not subject to
the provisions of Section 16-66.120(a) will be securely fastened to an
adequately anchored foundation system to resist flotation collapse, and lateral
movement, and be elevated so that either the:
( 1 ) lowest floor of the manufactured home is at least one foot above the
base floQd elevation; or
(2) manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade.
16-66.130 STANDARDS FOR RECREATIONAL VEHICLES.
(a) All recreational vehicles placed on sites within Zones A1-30, AH, and AE
on the City's Flood Insurance Rate Map will either:
(1) be on the 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 security devices, and has no
permanently attached additions; or
(2) meet the permit requirements of Sections 16-66.060 - 16-66.080 of
this Article and the elevation and anchoring requirements for
manufactured homes in Section 16-66.120(a).
16-66.140 FLOODWAYS. Located within areas of special flood hazard established
in Section 16-66.050(b) are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following provisions apply.
(a) PrOhibit encroachments, including fill, new construction, substantial
improvement, and other new development unless certification by a registered
professional engineer or architect is provided demonstrating that
20
encroachments shall not result in any increase in [the base] flood elevation-
during the occurrence of the base flood discharge.
. (b) if Section 16-66.140(a) is satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all
other applicable flood hazard reduction provisions of Sections 16-66.090 -
16-66.140.
6-66.15 0 VARIANCE PROCEDURES.
(a) The Planning Commission shall hear and decide requests for variances from
the requirements of this Article.
(b) In making its decision on a variance application (or on an appeal to the
Planning Commission taken pursuant to Section 16-66.085), the Planning
Commission shall consider all technical evaluations, and all relevant factors
and standards specified in this Article, and shall also be guided by the
following considerations:
( 1 ) The danger that materials may be swept onto other lands to the injury
of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
City;
(5) The availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage;
(6) The compatibility of the proposed use with existing and anticipated
development;
(7) The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
21
(8) The safety of access to the property in time of flood for ordinary and
emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and -
(10) 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.
(c) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the it&ms
listed in Paragraph (b) of this Section have been fully considered. As
the lot size increases beyond one-half acre, the technical iustification
required for issuing the variance increases.
(d) The Floodplain Administrator shall maintain the records of all
actions by the Planning Commission under this Article and report any
variances to the Federal Insurance Administration upon request.
16-66-160 CONDITIONS FOR VARIANCES.
(a) The Planning Commission may impose such conditions upon the granting
of a variance as it deems necessary to further the purposes of this Article and
to make the determinations set forth in Paragraph (b) of this Section.
(b) Variances sliall only be issued upon a showing of good and sufficient cause
and upon a determination by the Planning Commission that:
( I ) Failure to grant the variance would result in exceptional hardship to
the applicant.
(2) The variance is the minimum necessary, considering the flood hazard,
to afford relief. "Minimum necessary" means to afford relief with a
minimum 0f deviation from the requirements of this Article.
22
(-3) The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with
existing ordinances of the City.
(c) Variances shall not be issued for the reconstruction, rehabilitation or
restoration of structures listed in the National Register of Historic Places of
the State Inventory of Historic Places without regard to the procedures.
(d) Variances may be issued for the reconstruction, rehabilitation or
restoration or structures listed in the National Register of Historic Places or
the State Inventory of Historic Places without regard to the procedures set
forth in this Section.
(e) Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use provided that the provisions of this Section are
satisfied and that the structure or other development is protected by methods
· that minimize flood damages during the base flood and create no additional
threats to public safety.
(f) Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built ~vith a lower floor elevation
below the regulatory flood elevation and that the cost of flood insurance will
be commensurate with the increased risk resulting from the reduced lowest
floor elevation, and that such construction increases risks to life and property.
The applicant shall also be required to execute an indemnity agreement to hold
the City harmless from any claim, cause of action, liability, cots, expense or
damage arising form or in any manner relating to the granting of the variance.
A copy of the notice and the original indemnity agreement shall be recorded by
the Floodplain Administrator in the office of the County Recorder and shall be
recorded in a manner so that they appear in the chain of title of the affected
parcel of land.
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after its
passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular meeting
23
of the City Council of Saratoga held on the 6th day of November, 1996, by the
following vote.
A~fES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs
NOES: None
ABSENT: None /~~/jd/Z
MAYOR
ATTEST:
~,~Cle~r~ City
J:\WPDMMNRSW~273\OI~D.96~LOpDORD.MNR