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Ordinance - 2014 - 700A - Correction Of Ord 700 Flood Control - 03/11/2014 ORDINANCE 700A AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO,AMENDING EAGLE CITY CODE TITLE 10,"FLOOD CONTROL", CHAPTER 1 "FLOOD CONTROL REGULATIONS", SECTIONS 3, 5, 7, 8, AND 9; PROVIDING A REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Ordinance 700 was originally approved by unanimous vote of the Eagle City Council on June 25, 2013; and WHEREAS, an error was made by the Official Newspaper and the ordinance was not published; and WHEREAS, Ordinance 700 inadvertently misidentified certain sections of Title 10, Chapter 3, Eagle City Code that were being amended, and the City desires to correct such error; and WHEREAS,the City of Eagle is a municipal corporation organized and operated under the laws of the State of Idaho; and WHEREAS, this ordinance is being brought before the elected officials again in order to ensure compliance with applicable Idaho Statutes; and WHEREAS,the City of Eagle is enrolled in the National Flood Insurance Program; and WHEREAS, by Title 10 of the Eagle City Code, the City has adopted regulatory standards exceeding 44 CFR Sections 59-65, Part 70 and 73, regarding floodplain management, for the protection of public health, safety and welfare; and WHEREAS, the City desires to amend Title 10 of the Eagle City Code to minimize public and private losses due to flood conditions and ensure continued protection of public health, safety and welfare; and NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE,Ada County,Idaho; Section 1: Eagle City Code Title 10,Chapter 1, Sections 3, 5, 7, 8, and 9 be and the same hereby are, amended with the underlined text being added and strikeout text being deleted to read as follows: 10-1-3: INTERPRETATION AND APPLICATION OF PROVISIONS: A. Statutory Authority: The Legislature of the State of Idaho in I.C.§46-1020 through I.C. §46- 1024, authorized local government units to adopt a floodplain map and floodplain management ordinance that identifies floodplains and that sets forth minimum development requirements in floodplains that are designed to promote the public health, safety, and general welfare of its citizenry. A,B. Jurisdiction And Interpretation: This title shall apply to all areas of special flood hazards within the jurisdiction of the city. In the interpretation and application of this chapter,all provisions shall be: Page 1 of 10 k'\council\draft ordinances\ord 700a•cc approved.docx 1. Considered as minimum requirements; 2. Liberally construed in favor of the city; and 3. Deemed neither to limit nor repeal any other powers granted under provisions of the Idaho Code. C. Conflicting Laws: This title is not intended to repeal, abrogate or impair any existing easements,covenants or deed restrictions. However,where this chapter and other ordinance, easement,covenant or deed restrictions conflict or overlap,whichever imposes the more stringent restrictions shall prevail. 10-1-5: RULES AND DEFINITIONS: APPEAL: A request to the City Council for a review of the zoning floodplain administrator's interpretation of any provision of this chapter. AREA OF SHALLOW FLOOD HAZARD: A designated AO or AH zone in the flood insurance rate map (FIRM). The base flood depths range from one to three feet (1:3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate;and,velocity flow may be evident. BASE FLOOD ELEVATION (BFE): The elevation of the crest of the base flood in relation to a specified datum. The Base Flood Elevation (BFE) is depicted on the FIRM to the nearest one (1) foot and in the Flood Insurance Study(FIS)to the nearest one-tenth(.1)foot BASEMENT: The portion of a structure including crawlspace with its floor sub grade (below ground level)on all sides. CRAWL SPACE: The area of a house or structure between the lowest finish floor and the bottom of the foundation excavation enclosed by continuous foundation walls. CRITICAL FACILITY: Facilities that are critical to the health and welfare of the community and that are especially important during and after a hazardous event or have the potential to increase risk to the community during a hazardous event, which include but are not limited to, police stations, fire stations, hospitals, schools, public shelters, hazardous chemical facilities, propane storage yards, cemeteries. DEVELOPMENT:Any manmade change to improved or unimproved real estate including,but not•limited to, ..• . _ •_ ._ . _ , .. - . - : •.•• •• •• _ .. - . • ••- • - .-• -. • •- - -• - . '... . : . the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term "development" does not include the operation, cleaning,maintenance or repair of any ditch,canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. DIGITAL FIRM(DFIRM): Digital Flood Insurance Rate Map. It depicts flood risk and zones and flood risk information The DFIRM presents the flood risk information in a format suitable for electronic mapping applications. Page 2 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx ELEVATION CERTIFICATE: A form supplied by the Federal Emergency Management Agency (FEMA)and used to provide elevation information necessary to ensure compliance with applicable community flood plain management ordinances, to determine the proper insurance premium rate, and/or to support a request for a letter of map amendment or revision(LOMA or LOMR)to flood insurance rate maps. FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA): The agency with the overall responsibility of administering the National Flood Insurance Program(NFIP). FINISHED FLOOR: The finished floor is the first habitable walking surface referenced in the elevation certificate CFEMA form 81-31 sections C2a and C2b)as the top of the next highest floor or the top of a slab on grade floor. FLOOD FRINGE: The portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood. FLOOD PROOFING: 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. FLOODPLAIN: The land that has been or may be covered by floodwaters,or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood.The riverine floodplain includes the floodway and the flood fringe. FLOODPLAIN ADMINISTRATOR: An administrator designated by the Zoning Administrator to administer and implement this chapter in accordance with its provisions. FLOOD INSURANCE STUDY(FIS): The official report as is now or as may hereafter be adopted in which the federal insurance administration has provided flood profiles,as well as the flood boundary-floodway map and the water surface elevation of the base flood. Said report is on file in the office of the city and is hereby referred to,adopted and made a part of this chapter as if set forth in full herein. 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. 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 Elevation Certificate,FEMA Form 81-31, for HAG related to building elevation information. LETTER OF MAP CHANGE(LOMC)An official FEMA determination,by letter,to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps,and Flood Insurance Studies. LOMCs are issued in the following categories: LETTER OF MAP AMENDMENT(LOMA): A revision issued by the Federal Emergency Management Agency based on technical data showing that a property was incorrectly included in a designated special flood hazard area.A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area. Page 3 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx LETTER OF MAP REVISION(LOMR): A revision based on technical data showing changes, usually manmade,to flood zones, flood elevations, floodplain and floodway delineations,and planimetric features. One common type of LOMR,a LOMR-F, is a determination that a structure or parcel has been elevated by fill above the base flood elevation and is excluded from the special flood hazard area. CONDITIONAL LETTER OF MAP REVISION (CLOMR): A formal review and comment by the Federal Emergency Management Administration(FEMA)as to whether a proposed project complies with the minimum National Flood Insurance Program (NFIP) floodplain management criteria. A CLOMR does NOT amend or revise effective Flood Insurance Rate Maps,Flood Boundary and Floodway Maps,or Flood Insurance Studies. LOWEST ADJACENT GRADE(LAG): The lowest point of the ground level next to the structure. Refer to the Elevation Certificate, FEMA Form 81-31, for LAG related to building elevation information. NON-RESIDENTIAL STRUCTURE: A building other than a residential structure.The term includes, but it is limited to: buildings used for places of assembly, education,child care, business, maintenance, storage,manufacturing, government, hospitals, sanitariums, and nursing homes. RECREATIONAL VEHICLE: A vehicle which is: (a)Built on a single chassis; (b)400 square feet or less when measured at the largest horizontal projections; (c)Designed to be self-propelled or permanently towable by a vehicle,and (d)Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping,travel or seasonal use. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a building 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. START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued,provided the actual start of construction,repair,reconstruction, placement or other improvement was within one hundred eighty(180)days of the permit date. The actual start means either the first placement of permanent construction of a structure or 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;nor does it include the installation of streets and/or walkways;nor does it include excavation for a basement, footings, piers or foundation, : ._ _ __ •. _ .. . .-•• ; ---• • -• - - •. - • - - •• - - • . .- . -. 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 the alteration affects the external dimensions of a building. UNNUMBERED"A ZONE": An area shown on the Flood Insurance Rate Map(FIRM)as an"A Zone" in which base flood depths and a clearly defined channel are not shown. Page 4 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx 10-1-7: DEVELOPMENT PERMIT REQUIREMENTS: A. Permit Required: A floodplain development permit shall be obtained and approved before a building permit is issued for construction or development within any area of special flood hazard established in section 10-1-6 of this chapter. The floodplain development permit shall be for all structures, including manufactured homes, and for all other development, including fill and other activities, as each are defined in section 10-1-5 of this chapter. A floodplain development permit shall be required for any development that could possibly increase or alter the flood hazard. B. Application for Permit: Application for a development permit shall be made on forms furnished by the Zoning Administrator and shall include the following: 1. Completion of the city of Eagle floodplain development checklist by a registered professional engineer. 2. Plans in duplicate drawn to scale showing the nature, location,dimensions and elevations of the area in question. 3. Existing and proposed structures,fill, storage of materials, drainage facilities and their location. 4. Elevation in relation to mean sea level of the lowest floor(including basement or crawl space)of all structures. 5. Elevation in relation to mean sea level to which any structure has been floodproofed. 6. Certification by a registered professional engineer that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 10-1-846B of this chapter. 7. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 8. Any additional information required by the zening floodplain administrator. C. Review: Upon receipt of a complete development permit application,the zening floodplain administrator shall review the application and grant or deny the requested development permit, in accordance with the provisions of subsection 10-1-9A1 of this chapter. D. Notice To Applicant, Issuance Of Permit: After rendering a decision,the zening floodplain administrator shall return one copy of the application and decision,together with those items required by subsection B of this section,to the applicant, after having marked such copy either as approved or disapproved and attested to the same by signing such copy. One copy of the complete application and decision, similarly marked, shall be retained by the zoning floodplain administrator. The zoning floodplain administrator shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title. E. Construction Stage (1) For all new construction and substantial improvements,the permit holder shall provide to the floodplain administrator an as-built certification of the floor elevation or flood-proofing level, using appropriate FEMA elevation or flood-proofing certificate, immediately after the lowest floor or flood-proofing is completed. When Page 5 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx flood-proofing is utilized for non-residential structures,the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. (2) Certificate deficiencies identified by the floodplain administrator shall be corrected by the permit holder immediately and prior to work proceeding.Failure to submit certification or failure to make the corrections shall be cause for the Floodplain Administrator to issue a stop-work order for the project. EF. Appeals: Any person aggrieved by a decision of the zoning floodplain administrator in the grant or denial of a floodplain development permit may appeal such decision to the city council,by filing a notice of appeal stating the nature of the appeal with the city council, within thirty(30)twenty(20)days of the return of the zoning floodplain administrator's decision to the applicant. The city council,within fifteen(15)business days of the receipt of a notice of appeal, shall schedule and hold a public hearing in accordance with the hearing provisions of 67-6509, Idaho Code,to further consider the application. Following the public hearing,the city council shall,within fifteen(15)business days of the hearing affirm, affirm with modification or reverse the decision of the zoning floodplain administrator.The decision of the city council shall be in writing and accompanied by a statement in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon,and explain the justification for the decision based upon the criteria, standards, and facts as set forth. In accordance with the provisions of section 67-5215,Idaho Code, a person aggrieved by a decision of the city council in its grant or denial of a floodplain development permit may appeal the city council's decision to the district court. FG. Expiration And Revocation Of Floodplain Development Permit: If the work described in the development permit has not begun within one year from the date of issuance thereof, said permit shall expire and shall be revoked by the zoning floodplain administrator and written notice thereof shall be given to the persons affected. 10-1-8-61: APPLICABILITY: A. The requirements of subsections 10-1-84 2 and 5 of this chapter,that electrical,heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall be designed and elevated one foot(1')above base flood elevation,that the FIRM panel number and effective date shall be provided as a plat note on all plats delineating the 100-year floodplain boundary, . • • °.. _ _ . .- . • . . - __ ' . .. _ ..•i:.. _ _ . • .. .... . .. - '41- . •- - - • . •• . . - - shall apply to any development application received subsequent to the effective date. B. The requirements of this section 10-1-84 6(D)(5), regarding the floodway setback in effect at the time of receipt by the city of a preliminary plat application shall apply for subsequent development of those lots. C. All other provisions of this section 10-1-8 shall apply to any development application received subsequent to the effective date. (Ord. 332,2-23-1999) 10-1-8-42: GENERAL BUILDING REQUIREMENTS: Page 6 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx C. Design, Location Of Certain Equipment: Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities,shall be elevated one foot (1') above base flood elevation or located so as to prevent water from entering or accumulating within the components during conditions of flooding. On-site waste disposal systems shall be located and constructed to avoid functional impairment,or contamination from them, during flooding. D. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a postconstruction elevation certificate(FEMA Form 81-31 ),prepared by and certified by a registered professional engineer, architect, or licensed surveyor referencing land and structures included or removed from the area of special flood hazard is required. All lots and structures removed from the area of special flood hazard by letter of map change require certification by a registered professional engineer demonstrating that the lot or structure is "reasonably safe from flooding", as defined in Section 5 of this chapter. The elevation certificate must verify the elevation of the Lowest Floor or Lowest Adjacent Grade to be one foot(1')above base flood elevation. 10-1-8-23: ANCHORING: A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. B. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement,and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over the top or frame ties to ground anchors(reference FEMA's "Manufactured Home Installation In Flood Hazard Areas" guidebook for additional techniques) 10-1-844: WATER AND SEWER SYSTEMS: C. All sewer and water systems shall be approved by the district health department or the Idaho . _ t: _ • Department of Environmental Quality. 10-1-8-45: SUBDIVISIONS: E. All subdivision plats shall identify and designate the 100-year floodplain boundary and the floodway boundary including a certification by a registered surveyor that the boundaries were established consistent with the FIRM map (in effect at the time of approval of the plat)for the city of Eagle. All subdivision plats shall contain a note or notes that warn prospective buyers of property that sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside identified floodway and floodplain boundary lines. 10-1-846: SPECIFIC STANDARDS C. Manufactured Homes: All manufactured homes to be placed or substantially improved within zones A1-30, All, and AE shall be elevated on a permanent foundation such that the finish floor elevation of the lowest floor of the manufactured home is two feet (2') above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 10-1-843B of this chapter. D. Floodways: Page 7 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx 7. For all subdivisions along the Boise River or Dry Creek,prior to approval of the final plat written approval from Flood Ceontrol Ddistrict#10 is required to protect access to the river for maintenance. G. Fill Requirements: For fill placed in the floodplain: 4. Elevation certificates or equivalent documentation required by the floodplain administrator shall be required for all buildings or development in such filled zones, regardless of any subsequent LOMA, letter of map amendment or LOMR, letter of map revision issued by the FEMA, Ffederal Eemergency Mmanagement Aadministration. Exceptions; a. Approved LOMR-F, letter of map revision based on fill, reflecting a minimum of one and a half feet(1.5')of fill above base flood elevation. L. Flood Study: When a new flood study is provided by the developer: 1. The study shall be performed using the U.S. Aarmy Ceorps of Eengineers Hhydrologic Eengineering Ceenter's HEC-2, HEC-RAS (river analysis system), or equivalent programs to calculate water surface elevations. M. Critical facilities shall not be allowed within any SFI IA, special flood hazard area, including areas designated zone X. 10-1-8-7: RECREATIONAL VEHICLE STANDARDS: In all Areas of Special Flood Hazard (ASFH),Recreational Vehicles, must either: 1. Be on the site for fewer that 180 consecutive days; 2. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or addition, or 3. The recreational vehicle must meet all the requirements for"New Construction,"including the anchoring and elevation requirements. 10-1-9: DUTIES OF THE ZONING FLOODPLAIN ADMINISTRATOR:•A. - , . . • . .- - - - •-- - . • . . _ section. The duties of the wring floodplain administrator, or of the building inspector if •_ . -. . - •.: - • . . , shall include, but not be limited to: 1. Permit Review a. Review of floodplain development permit applications to determine if the proposed development is consistent with all community floodplain management requirements. c. Contact for review and comment when found necessary other agencies such as Idaho Ffish and Ggame Department,Idaho Ddepartment of Wwater Rcesources,U.S.Nnatural Rresources Ceonservation Sservice,U.S. Eenvironmental Pprotection Aagency and U.S. Aarmy Ceorps of Eengineers. 2. Conditions of Approval. Conditions of approval may include,but not be limited to: Page 8 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx c. Other permits (i.e., Idaho Ddepartment of Wwater Rresources and U.S. Aarmy Ceorps of Eengineers) shall be obtained by the applicant prior to commencement of construction. 3. Alteration Of Watercourses. a. Notify adjacent communities and the Idaho Ddepartment of Wwater Rresources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Ffederal Emergency Mffianagement Aagency. 5. Information To Be Obtained And Maintained: a. When base flood elevation data has not been provided, obtain, review, and reasonably utilize any base flood elevation and flooding data available from a federal,state or other source, in order to administer section 10-1-8-56 of this chapter. b. Where base flood elevation data is provided through the flood insurance study, or required as in the preceding subsection, obtain and record the actual elevation(in relation to mean sea level)of the lowest habitable floor(including basement)of all new or substantially improved structures, and whether or not the structure contains a basement. c. For all new or substantially improved floodproofed structures: (1)Verify and record the actual elevation(in relation to mean sea level). (2)Maintain the floodproofing certifications required in subsection 10-1-8-56B3 of this chapter. (3)Maintain for public inspection all records pertaining to the provisions of this chapter. (Ord. 127, 1-12-1988; amd. Ord. 485, 7-24-2007) Section 2: If any provision in this Ordinance shall be declared by any court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed separable from the remaining provisions in this Ordinance and shall in no way affect the validity of the other provisions of this Ordinance or Eagle City Code. Section 3: All prior ordinances or parts thereof,to the extent inconsistent herewith,are hereby repealed and shall,to the extent of such inconsistency,have no further force or effect. Section 4: This Ordinance,or a summary thereof in compliance with Section 50-901A,Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage,approval, and publication. Adopted by the Eagle City Council, Eagle,Idaho, on this// day of 4%42014. CITY OF EAGLE,IDAHO Ada County,Idaho • �.mes D.Reyn•ld ayor ATTEST: Page 9 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx ►Ili 441 • 'k .v• •G• •• • Sharo °. Bergmann (1r••1Q0RAT41 •1; City Clerk/Treasurer i 0 �'_ *I` �•� • : . 0 '••..qPE OF 1..... Page 10 of 10 k:\council\draft ordinances\ord 700a-cc approved.docx SUMMARY OF ORDINANCE NO. 700A AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING EAGLE CITY CODE TITLE 10, "FLOOD CONTROL", CHAPTER 1 "FLOOD CONTROL REGULATIONS",SECTIONS 3,5,7,8,AND 9; PROVIDING A REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 700A of the City of Eagle, Ada County, Idaho, adopted on March 11, 2014, is as follows: Section 1: Amends Title 10, Chapter 1 relating to flood control regulations by adding to Section 3 language providing for Statutory Authority per the Legislature in I.C. §46-1020 through I.C. §46-1024 to manage floodplain issues within city jurisdictions; adding and amending definitions in Section 5 relating to Rules and Definitions; setting forth requirements for applications, review, notice to applicants, construction stage, appeals, expiration and revocation of Floodplain Development Permits in Section 7; amending standards within Section 8 relating to Flood Damage Reduction Provisions; and amending Section 9 relating to Duties of the Floodplain Administrator. Section 2: Provides for severability. Section 3: Repeals all prior ordinances or parts thereof to the extent inconsistent with Ordinance 700A. Section 4: States that Ordinance No. 700A shall take effect and be in force from and after its passage, approval, and publication as required by law. Provides that a summary of Ordinance No. 700A may be published in lieu of the entire ordinance in compliance with Section 50-901A, Idaho Code. The full text of Ordinance No. 700A is available at City Hall and will be provided to any citizen upon personal request during normal office hours. DATED as of the /1 day of March, 2014. , _ /L. / ���. ' gyor, James D. Rey of•,•' ..•'� %1 E '''•. ATTEST: 4,S°0‘4„.0•••pTE••*�S% / a � o " 4 Alit :Use. #,ti,Q��,�'- ,� 5 Sharon B;/g ann, City Clerk/ reasurer ••••.• e.44-�. .,, suit ,.••• [S E A L] .gnnuN0�` Page - 1 - CERTIFICATION OF CITY ATTORNEY I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby certify that I have read the foregoing Summary of Ordinance No. 700A of the City of Eagle and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance. DATED as of the ,20'ay of March, 2014. • JR. C."'ttorney ' Page - 2 - Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: Address: G E• Civ' c- La.e Eel Z oLr.A.Lo CITY OF EAGLE MAR 3 1 2014 File: FINIS Kt' Identification: S.t,wywvan ,4 c9'�dlf' ti L d 0 ) Run Dates: 3 - .2 i tot Number Lines 92_ Amount 44q.1.1. SUMMARY OF ORDINANCE NO. 700A 3-Z4e 't" AN ORDINANCE OE THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING EAGLE CITY CODE TITLE 10, "FLOOD CONTROL", CHAPTER 1 "FLOOD CONTROL REGULATIONS", SECTIONS 3, 5, 7, 8, AND 9; PROVIDING A REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No 700A of the City of Eagle, Ada Counts, Idaho, adopted on March 11, 2014. is as follows: Section 1: Amends Title 10, Chapter 1 relating to flood control regulations by adding to Section 3 language providing for Statutory Authority per the Legislature in I.0 §46-1020 through I.C. *46-1024 to manage floodplain issues within city junsdictions: adding and amending definitions in Section 5 relating to Rules and Definitions. setting forth requirements for applications, review, notice to applicants. construction stage, appeals, expiration and revocation of Floodplain Development Permits in Section 7; amending standards within Section 8 relating to Flood Damage Reduction Provisions; and amending Section 9 relating to Duties of the Floodplain Administrator. Section 2: Provides for severability. Section 3: Repeals all prior ordinances or pans thereof to the extent inconsistent with Ordinance 700A. Section 4: States that Ordinance No. 700A shall take effect and be in force from and after its passage, approval, and publication as required by law. Provides that a summary of Ordinance No. 700A may be published in lieu of the entire ordinance in compliance with Section 50-90IA. Idaho Code. The full text of Ordinance No. 700A is available at City l hall and will be provided to any citizen upon personal request during normal office hours. DATED as of the l�day of March. 2014. ATTEST: or, James D. Rey of 4�,p••..B i e•oaA�e r. /' $ u S� eST 'N1r 11I NS CERTIFICATION OF CITY ATTORNEY Sharon 13, ?