Ordinance - 2019 - 815 - Flood Control Regulations - 07/23/2019ORDINANCE NO. 815
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORA'i!ON OF THE
STA'I'E OF IDAHO, AMENDING EAGLE CITY CODE TITLE 10, "FLOOD CONTROL", CHAPI'ER
1 "FLOOD CONTROL REGULATIONS", SECTIONS 1 — 13, AND ADDING A NEW SECTION 14
(VIOLATION AND PENAL'I'thS) AND A NEW SECTION 15 (AMENDMENTS); PROVIDIlVG A
REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN Errr;CTIVE
DAlE.
WHEREAS, the City of Eagle is a municipal corporation organized and operated under the laws of the State
of Idaho; 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 appropriate regulatory standards
which are more restrictive than 44 CFR Sections 59-65, Part 70 and 73, regarding floodplain management,
for the protection of public health, safety and welfare of the citizens of the City of Eagle; 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
WHEREAS, the State of Idaho has encouraged that all communities adopt a flood control ordinance that
follows the state's recommended model flood control ordinance; and
NOW, THERFORE, BE 11' 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 1 — 13 be and the same hereby are, amended
with the underlined text being added and strikeout text being deleted to read as follows:
10-1-1: FINDINGS OF FACT AND PURPOSE:
A. Findings Of Fact:
1. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety and general welfare.
2. These flood losses are caused by
...
...
structures loc
which are inadequately anchored, flood -proofed, or otherwise unprotected from flood damages, and
by the cumulative effect of obstructions in floodplains causing increases in flood heights and
velocities. .. • . • - _ - - .. ... - � ..
: • •
. : •
...
•
3. Flooding is aggravated by the collection of debris upstream of the many channel obstructions located
in the floodplain areas. Such obstructions include bridges, fences, houses, trees, etc. The
accumulation of debris has resulted in significantly higher water surface elevations upstream from
the obstructions than would otherwise be expected. Obstructions can and tend to cause flooding to
extend beyond anticipated FEMA 100 -year flood boundaries at points of debris accumulation which
cannot be predicted.
4. All structures located roughly within the limits of the 500 -year floodplain are subject to inundation,
if not directly impacted by the channel itself, during floods of return frequencies of ten (10) to twenty
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(20) years. This is due to the tendency of the channel to change abruptly, often cutting a totally new
channel in a few hours, during high water periods, because the Boise River is wide, flat and has
relatively shallow channel in many areas.
5. The levees built by private property owners may be considered by FEMA to be inadequately designed
or deteriorated such that they cannot be classified as permanent structures capable of withstanding a
100 -year flood; and, therefore, may result in higher risk and be included in the area of special flood
hazard.
6. Encroachments (i.e., houses, fill, etc.) on floodplains reduce the flood carrying capacity and increase
flood heights, thus increasing flood hazards beyond the encroachment. With every new structure or
other development since the FEMA 100 -year flood boundary was determined, the ability of the
floodplain to function changes.
7. The Boise River and its tributaries and floodplains in Eagle are essential to the well being of its
citizens as a source of recreation, fish and wildlife habitat, aesthetic beauty, and a source of irrigation
water as well as other economic and lifestyle values.
8. Development adjacent to waterways has had a direct effect on the natural stream by destroying or
greatly altering fish and wildlife habitat and by unnaturally armoring the banks of the waterways to
prevent erosion and damage riparian areas thus resulting in increased risk to manmade structures.
9. Local government units have the primary responsibility for planning, adopting, and enforcing land
use regulations to accomplish proper floodplain management.
B. Purpose: It is the purpose of this title 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:
(Ord. 485, 7-24-2007)
1. To protect human life, and health, and property;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken
at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water purification and sewage treatment
plants, water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas
of special flood hazard;
6. To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood hazard, warn
that city review and approval is not going to prevent flooding and that flooding may occur, and
advise of information available to the city regarding flood hazards, studies and available options;
8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions;
9. To provide a formal procedure for evaluation of floodplain development permit applications;
10. To restrict or prohibit uses which are injurious to health, safety or property in times of flood, which
result in environmental damage, or that cause increased flood heights or velocities;
11. To minimize the impact of development adjacent to waterways on adjacent properties upstream,
downstream and across waterways;
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12. To review development plans for property adjacent to waterways to minimize the obstruction of the
conveyance of floodwaters, review drainage/obstructions to flood carrying capacity, and guide
development adjacent to waterways toward the most appropriate building envelope for its particular
site
13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare with
regard to properties adjacent to waterways;
14. To review landscaping and access for flood carrying capacity and preservation or enhancement of
riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize property
damage;
16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing the
abundance and diversity of fish, wildlife and riparian resources; and
17. To protect, preserve and enhance the waterways and floodplains as a recreation resource.
10-1-2: OBJECTIVES AND METHODS OF PURPOSE REDUCING FLOOD
LOSSES:
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion
hazards, or which result in damaging increases in erosion flood heights, ef-in flood heights Of velocities,,
or erosion;
B. Requiring that uses development which is vulnerable to floods, including structures and facilities which
such uses necessary for the general health, safety, and welfare of citizens, be protected against
flood damage at the time of initial construction;
C. • - - Preserve and restore natural floodplains, stream channels and natural
protective barriers which help accommodate or channel floodwaters;
D. Controllig filling, grading, dredging and other development which may increase flood damage or
erosion; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards in other areas.
10-1-3: INTERPRETATION AND APPLICATION OF PROVISIONS:
A. Statutory Authority: The legislature of the State of IdahoZpursuant to in Idaho Code Sections 46-1020
through 46-1024, authorized local governments twits to adopt floodplain
management ordinances that identifiesy floodplains and that sets fefth minimum floodplain
development standards to minimize flood hazards and protect human life, health, and property.
ef4tf, citizerwy.
B. Jurisdiction and Interpretation: This title shall apply to all . - . y : : : • . vecial flood
hazard areas within the jurisdiction of the city. In the interpretation and application of this chapter, all
provisions shall be:
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.
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C. Conflicting Laws: This Title isne' in•enaea'e does not in any way repeal, abrogate1 e impair, or remove
the necessity of compliance with any other laws, ordinances, regulations, existing easements, covenants
or deed restrictions, etcetera. However, where this chapter and : • - .. . • -, - . - -• - • ,
deed .-ear.-:,.r:...+s another conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
10-1-4: COMPLIANCE WITH PROVISIONS:
No structure or land shall hereafter be constructed, located, extended, converted, developed, or altered
without full compliance with the terms of this chapter and other applicable regulations.
10-1-5: RULES AND DEFINITIONS:
Unless specifically defined below or in Section 8-1-2 of this code, certain words or phrases used in this title
shall be interpreted as set forth in said Section 8-1-2 of this code. Any other terms or words not defined
below or in Section 8-1-2 of this code shall be interpreted so as to give them the meanings they have in
common usage and to give this chapter its most reasonable application. As used in this chapter, the
following words and terms shall have the meanings ascribed to them in this section:
ACCESSORY STRUCTURE (Appurtent 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.
ADDITION (to an existing building): an extension or increase in the floor area or height of a building or
structure.
APPEAL: A request to the City Council for a review of the Floodplain Administrator's interpretation of any
provision of this chapter.
AREA OF SHALLOW FLOOD HAZARD: � : - - - • - i - - - . .
• , /
. •
. •A designated
AO, AH, AR/AO, or AR/AH zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent
(1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD:
Hazard Area (SFHA).
BASE FLOOD: A The flood having a one percent (1%
year, also referred to as the "SAA-year--flead".
BASE FLOOD ELEVATION (B14E): • - -
_
See Special Flood
chance of being equaled or exceeded in any given
• - .. - _ • - - - - • !. ' . A determination by the Federal Insurance
Admininstrator of the water surface elevations of the base flood, that is, the flood level that has a one percent
(1%) or greater chance of occurrence in any given year. When the BNS 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.
BASEMEN 1: • - .. - . .
floor subgrade (below ground level) on all sides.
Any area of the building having its
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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 FACII.ITY: - . ' ' - - • - - - . - - • - . -
a hazardous event or have the potential to increase risk to the
hespiFtals, seheels, public sheltefs,
..
fire nta*ier+s
.,, „, cemeteries.
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.
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 was 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).
DEVELOPMEN 1: Any manmade change to improved or unimproved real estate including, but not limited
to, the construction of buildings, or other structures,
.. •• - • . • _,,, suctures or accessory structures; the placement of mobile
hemesi- mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment
or materials..
berms and levees.
.
...
DEVELOPMENT ACTIVITY: Any activity 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.
DIGIlAL FIRM FLOOD INSURANCE RAlE MAP (DFIRM):
1.4
. The digital official map of a community, issued by the Federal
Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium
zones applicable to the community are delineated.
ELEVAIED 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.
.::
ELEVATION CERTIHCA'i'E:
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.::
.:.
ekl A
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andier—te-suppeft-a
..The
Elevation Certificate is an important administrative tool of the NFII-'. It is used to determine the proper
flood insurance premium rate; it is used to document elevation information necessary to ensure compliance
with community floodplain management regulations; and it may be used to support a request for a Letter
of Map Amendment (COMA) or Letter of Map Revision based on fill (LOMR-F).
ENCLOSURE: An area enclosed by solid walls below the Bi-E/PPE or an area formed when any space
below the BF'E/HE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice
used to surround space below the BF'E/F'PE is not considered an enclosure.
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ENCROACHMEN 1: 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.
EXISTING CONSiRUCTION: For the purposes of determining rates, structures for which the "start of
construction" commenced before the effective date of the F1RM. "Existing construction" may also be
referred to as "existing structures."
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, November 20,
1974.
EXISTING STRUCTURES: See existing construction.
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).
FEDERAL EMERGENCY MANAGEMEN 1" 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 (FEMA 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 OR FLOODING:
a. A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph a.2.
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.
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 a. 1 . of this definition.
FLOOD FRINGE: The portion of the floodplain outside of the floodway covered by floodwaters during the
regulatory flood.
FLOOD INSURANCE RAlE MAP (FIRM): The official map of a community,. as is now or as may
• - - - • - issued by the Federal Insurance Administration Administrator which
hasde'inea'ed delineates both the areas of special flood hazards and the risk premium zones applicable to
the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
FLOOD INSURANCESIIJDY (FIS): • - . .. - . • - - - .
....
...
,„
....
.. .. .
Said report is on file in the office of the city and is
. - - • - -•• .The examination,
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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 hazards.
A.
B.
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.
FLOODPLAIN or FLOOD -PRONE AREA: 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 ADMINISi'RATOR: � • .: .. The Zoning Administrator, or an
individual designated by the Zoning Administrator, to administer and implement this chapter in accordance
with its provisions.
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.
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.
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.
FLOODPROOFING: 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.
FLOODWAY: The channel of a river or other watercourse and 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 (1').
FLOOD PRO 1 ACTION ELEVATION (FPE): The Base Flood Elevation plus the Freeboard.
a. In "Special Flood Hazard Areas" where Base Flood Elevations (Bt's) have been determined, this
elevation shall be the Bre plus two feet (2') of freeboard; and
b. In "Special Flood Hazard Areas" where no BNS has been established, this elevation shall be at least
three feet (3') above the highest adjacent grade.
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 (Bre) plus the freeboard establishes the Flood Protection
Elevation (F'PE). Freeboard shall be two feet (2').
r IJNCTIONALLY DEPENDAN 1 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
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and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long-
term storage, manufacture, sales, or service facilities.
HIGHEST ADJACEN'I' 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, FEMA
form 81 31, for HAG related to building elevation information.
HISTORIC S'i'RUCTURE: 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:
L By an approved state program as determined by the Secretary of the Interior, or
2. Directly by the Secretary of the Interior in states without approved programs.
LElIER 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:
A.
e, I
e
• . :
; -
...
B. Letter Of Map Revision (LOMR): - • - ... _ .. ..
changes, to flood zones, flood elevationsfloodplain and flo
an-LOMR-F, is-a-deteffnination
.
C. Conditional Letter Of
e„!
di;
studies,
...
Itt.
...
A. LElIER OF MAP AMENDMEN 1 (COMA): An official amendment, by letter, to an effective
National Flood Insurance Program (NFIP) map. A COMA establishes a property's or structure's
location in relation to the Special Flood Hazard Area (SF'HA). 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. LElIER 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
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Base Flood Elevations (Bras), 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.
C. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): F'EMA's modification of the Special
Flood Hazard Area (SF'HA) 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, F'BFM, 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 NHP map
LEVEE: a man-made structure, usually an earthen embankment, designed and constructed according to
sound engineeringpractices, to contain, control, or divert the flow of water so as to provide protection from
temporary flooding.
LEVEE SYSIEM: 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.
LOWEST ADJACEN'I' GRADE (LAG): The lowest point of the ground level next to the structure. Refer
to the FEMA elevation certificate, FEMA form 81 347 for LAG related to building elevation information.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement or crawl space). 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 nonelevation design requirements of
44 CFR § 60.3 and this chapter.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a
permanent chassis, and is designed for use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes, the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. The term "manufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or sale.
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.
MEAN HIGH WA'i'ER MARK: A water level corresponding to the natural or ordinary high water mark
and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive
the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The
current mean high water mark is at a flow of six thousand five hundred (6,500) cubic feet per second (cfs)
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along the Boise River. Tributary waters within the city of Eagle will reference specific data establishing the
water level. The mean high water mark is established by the U.S. army corps of engineers.
MECHANICAL EQUIPMENT: Electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities.
MUDSLIDE (i.e. MUDFLOW) AREA MANAGEMENT: The operation of an overall program of
corrective and preventive measures for reducing mudslide (i.e., mudflow) damage, including but not limited
to emergency preparedness plans, mudslide control works, and flood plain management regulations.
MUDSLIDE (i.e. MUDFLOW) PRONE AREA: An area with land surfaces and slopes of unconsolidated
material where the history, geology, and climate indicate a potential for mudflow.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP): The NF1P 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.
NEW CONSTRUCTION: _ - • - "start of construction" commenced on or after the
effective date hereof. For the purposes of deterrnining insurance rates, structures for which the "start of
construction" commenced on or atter the effective date of an initial FIRM or atter November 20, 1974,
whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, new construction means structures for which the start of construction cornrnenced
on or after the effective date of a floodplain management regulation adopted by a community and includes
any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: a place 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 on or after the effective date of floodplain management regulations adopted by a community.
NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not
adversely impact public property or other private property, as measured by increased flood peaks, flood
stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy
which provides a means to promote the use of retention/detention or other techniques to mitigate increased
runoff from urban areas.
NONRESIDENTIAL STRUCTURE: A building other than a residential structure. The term includes, but
it is limited to: buildings used for places of assembly, education, childcare, business, maintenance, storage,
manufacturing, government, hospitals, sanatoriums, and nursing homes.
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) or after November 20, 1974.
PRE -FIRM: construction or other development for which the "start of construction" occurred before
December 14, 1982, the effective date of the initial Flood Insurance Rate Map (FIRM).
REASONABLY SAFE FROM FLOODING: Base floodwaters will not inundate the land or damage
structures to be removed from the area of special flood hazard in areas previously included in base flood
delineations on the current flood insurance rate map, which shall be certified as reasonably safe from
flooding by an applicant's registered professional engineer according to the criteria in F'EMA technical
bulletin 10-01.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis; and
B. Four hundred (400) square feet or less when measured at the largest horizontal projections; and
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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.
REGULATORY FLOODWAY: See Floodway
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.
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.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width measured
landward from the mean high water mark.
RIVERVINE: relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA (SFHA): the land in the flood plain within a community subject to a
one percent (1%) 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".
START OF CONSi'RUCTION: 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.
STREAM ALIERATION: To obstruct, diminish, destroy, alter, modify, relocate, or change the natural
existing shape of the channel or to change the direction of flow of water of any stream channel within or
below the mean high water mark. It includes removal of material from the stream channel and emplacement
of material or structures in the stream channel.
STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally
aboveground, as well as a manufactured home.
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 fifty percent (50%) forty percent (40%)
of the market value of the structure before the damage occurred. Substantial damage also means flood -
related damage sustained by a structure on two separate occasions during a 10 -year period for which the
cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty percent (20%)
of the market value of the structure before the damage occurred. See definition of "Substantial
Improvement".
SUBSTANTIAL IMPROVEMEN'i:
1S
B.
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is considered to occur when the first
historic places
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals
or exceeds forty percent (40%) 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:
1. 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
2. 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.
1ECHNICAL BULLETINS AND '1ECHNICAL FACT SHEETS: FEMA publications that provide
guidance concerning the building_performance standards of the NF'JF, which are contained in Title 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 NF'IP 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.
It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the minimum
requirements of the NHP regulations. State or community requirements that exceed those of the NHP take
precedence. Design professionals should contact the community officials to determine whether more
restrictive State or local regulations apply to the building or site in question. All applicable standards of the
State or local building code must also be met for any building in a flood hazard area.
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.
VARIANCE: A grant of relief from the requirements of this title which permits construction of a manner
that would otherwise be prohibited by this chapter. (Ord. 115, 5-12-1987; amd. Ord. 485, 7-24-2007; Ord.
700A, 3-11-2014)
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.
WAIER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 or the North American Vertical Datum (NAND) of 1988 (or other specified datum), of
floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
WAi'ERCOURSE: 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.
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10-1-6:
The
•
BASIS FOR SPECIAL FLOOD HAZARD AREAS:
Special Flood Hazard Areas identified by the _ • ' - : _ - .. ••
•• Federal Emergency Management
Agency, in a scientific - • - - - .. - • .it's Flood Insurance Study (FIS) "The Flood
Insurance Study (FIS) for Ada County, Idaho And Incorporated Areas", dated February 19, 2003, with
accompanying Flood Insurance Rate Maps (FIRM) dated February 19, 2OO, or Digital Flood Insurance
Rate Maps (DFIRM), and other supporting data, . • :. .. .. - • - :, are hereby adopted
by reference and declared to be a part of this chapter. A copy of the FIS and the FIRM
shall be maintained on file at the Eagle City Hall. • - i - - .. - .. ' • - .
...
...
•
10-1-7: DEVELOPMENT PERMIT REQUIREMENTS:
A. Permit Required: A floodplain development permit shall be
required in conformance with the provisions of this chapter prior to
the commencement of any development within any . • .. ' . y ::: • . : apecial Flood Hazard
Area established in Section 10-1-6. 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. A floodplain development permit shall also be required for any
development that could possibly increase or alter the flood hazard.
B. Application for Permit:
ai;
...
.
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:
1. Completion of the City of Eagle floodplain development checklist by a registered professional
engineer.
2. Any additional information required by the Floodplain Administrator.
2,
3.
4.
6.
S.
all-statetures,
: :
: ;
development,
...
3. A plot plan drawn to scale which shall nclude, but shall not be limited to, the following specific
details of the proposed floodplain development:
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a. 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;
b. The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood mai
as determined in Section 10-1-6, or a statement that the entire lot is within the Special Flood
Hazard Area;
c. The flood zone(s) designation of the proposed development area as determined on the FIRM
or other flood map as determined in Section 10-1-6;
d. The boundary of the floodway(s) or flood fringe area(s) as determined in Section 10-1-6;
e. The Base Flood Elevation (Bre) where provided as set forth in Section 10-1-6;
f. The old and new location of any watercourse that will be altered or relocated as a result of
proposed development; and
The certification of the plot plan by a registered land surveyor or professional engineer.
g.
4. Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area
including but not limited to:
a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
structures;
b. Elevation in relation to mean sea level to which any non-residential structure in Zone A, AE,
AH, AO, or A1-30 will be floodproofed; and
c. Elevation in relation to mean sea level to which any proposed utility systems will be elevated
or floodproofed.
5. If floodproofing, a Floodproofing Certificate (FEMA Form 86-0-33) with supporting data, an
gperational plan, and an inspection and maintenance plan that include, but are not limited to,
installation, exercise, and maintenance of floodproofing measures.
6. 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:
a. 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
b. Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance
with Sectionl0-1-8-6(A)(3)(a-f) when solid foundation perimeter walls are used in Zones A,
AE, AH, AO, and Al -30.
c. Foundation plans stamped by a registered professional engineer.
7. Usage details of any enclosed areas below the lowest floor.
8. 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 minimize flood damage.
9. Certification that all other Local, State, and Federal permits required prior to floodplain
development permit issuance have been received.
10. Documentation for placement of recreational vehicles and/or temporary structures, when
applicable, to ensure that the provisions of Sectionl0-1-.8-6(D-E) of this ordinance are met.
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11. 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
a. A map (if not shown on plot plan) showing the location of the proposed watercourse alteration
or relocation.
C. Rev.iew:
...
.::
haptef,
Permit Requirements: The Floodplain Development Permit shall include, but not be limited to:
1. 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, grading, paving, excavation or drilling operations, or storage of
Nuipment or materials, etcetera).
2. The Special Flood Hazard Area determination for the proposed development in accordance with
available data specified in Section 10-1-6.
3. The Flood Protection Elevation required for the lowest floor and all attendant utilities.
•.
4. The Flood Protection Elevation required for the protection of all public utilities.
5. All certification submittal requirements with timelines.
6. A statement that no fill material or other development shall encroach into the floodway or flood
fringe area of any watercourse, as applicable.
7. The flood openings requirements, if in Zones A, AE, AH, AO, or Al -30.
8. 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.
9. A statement of the limitations of below Bre enclosure uses, if applicable. (i.e., parking, building
access and limited storage only).
10. A statement that all materials below BFE/F'PE must be flood resistant materials.
D. 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, renovations, and any other improvement of or work on such
buildings and structures, the Floodplain Administrator, incoordination with the Building Official, shall:
1. 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;
2. 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;
3. Determine and document whether the proposed work constitutes substantial improvement or repair
of substantial damage; and
4. 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.
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E. Conditions Of Approval: Conditions of approval may include, but not be limited to:
1. Riparian vegetation and other landscaping is maintained in perpetuity as shown on approved plans.
2. As built certification shall be required to be submitted prior to occupancy of structure or upon
completion of the proposed work.
3. Other permits (i.e., Idaho department of water resources and U.S. army corps of engineers) shall be
obtained by the applicant prior to commencement of construction.
4. Restoration of damaged riparian vegetation within riparian zone shall be required prior to
completion of the proposed project. A bond to assure such restoration may be required prior to
commencement of such work.
5. Landscaping and driveway plans to accommodate the function of the floodplain to allow for sheet
flooding. Floodwater carrying capacity is not diminished by the proposal. Surface drainage is
controlled and shall not adversely impact adjacent properties including driveways drained away
from paved roadways. Culvert(s) under driveways may be required. Landscaping berms shall be
designed to not dam or otherwise obstruct floodwaters or divert same onto roads or other public
pathways.
6. Impacts of the development on aquatic life, recreation, or water quality upstream, downstream or
across the stream are not adverse.
7. Building setback in excess of minimum required along waterways is encouraged.
8. The bottom of the lowest floor (crawl space) in the floodplain shall be a minimum of one foot (1')
above the base flood elevation.
9. The backfill used around the foundation in the floodplain shall provide a reasonable transition to
existing grade, but shall not be used to fill the parcel to any greater extent.
10. Driveways shall comply with effective street standards; access for emergency vehicles has been
adequately provided for.
11. Landscaping or revegetation shall conceal cuts and fills required for driveways and other elements
of the development.
12. Wetlands shall not be diminished.
DF. Notice To Applicant, Issuance Of Permit: After rendering a decision, the 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 Floodplain Administrator. The 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.
EG. 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 floodproofing level, using
appropriate F'EMA elevation or floodproofing certificate, immediately after the lowest floor or
floodproofing is completed. When floodproofing is utilized for nonresidential 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
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the corrections shall be cause for the Floodplain Administrator to issue a stop work order for the
project.
H. Appeals: Any person aggrieved by a decision of the Floodplain Administrator in the grant or denia!Hof
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 twenty (20) days of the return of the
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 section 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 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.
GI. 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 Floodplain Administrator and written notice thereof shall be given
to the persons affected.
10-1-8: FLOOD DAMAGE REDUCTION PROVISIONS:
In all areas of special flood hazards, the standards, as set forth in this section, shall be required.
10-1-8-1: APPLICABILITY:
A. •- .. -••-• - ! .2 ! ..-_ -- - .•'
plumbing,
: -
.
: -
•
one foot (1') above base flood elevation, that the FIRM panel number and effective date shall be
...
: -
. : ; ...
...
BA. The requirements of Section 10-1-8-7(C)(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.
EB. All other provisions of this Section 10-1-8 shall apply to any development application received
subsequent to the effective date.
10-1-8-2: GENERAL BUILDING REQUIREMENTS:
A. Review of Building Permits: Where elevation data is not available, either through the flood insurance
study or from another authoritative source, applications for building permits shall be reviewed to assure
that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local
judgment and includes use of historical data, high water marks, photographs of past flooding, and any
other relevant factors, where applicable. Failure to elevate at least two feet (2') above grade in these
zones may result in higher insurance rates.
B. Construction Materials and Methods: All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage and using methods and
practices that minimize flood damage in accordance with the Technical Bulletin 2, Flood Damage -
Resistant Materials Requirements, and available from the Federal Emergency Management Agency or
in conformance with this chapter, whichever, is more stringent.
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C. Design, Location of Certain Equipment: Electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities, shall be located at a minimum of the Flood Protection Level, as
defined in Section 10-1-5, 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. All new construction and substantial improvements shall be constructed by methods and practices that
minimize flood damages.
E. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the
provisisions of this ordinance, shall meet the requirements of "new construction" as defined in Section
10-1-5.
F. Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building (within
the original footprint) or structure existing on the effective date of this ordinance and located totally or
partially within the floodway, flood fringe area, or stream setback, provided there is no additional
encroachment below the Flood Protection Elevation in the floodway, flood fringe area, or stream
setback, and provided that such repair, reconstruction, or replacement meets all of the other
requirements of this ordinance, including, but not limited to, construction within the original building
footprint and in conformance with the substantial improvement criteria.
G. 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 10-1-
10. 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 10-1-8-2(K).
H. When a structure is partially located within an Area of Special Flood Hazard, the entire structure shall
meet the requirements for new construction and substantial improvements.
I. When a structure is located within 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 (Bre) shall apply.
DJ' - . . ..
elevation c(FEMA fform certified
engineer,
. • • • • •
. . .
: •
. • •
. . .
Certification Requirements:
1. Elevation Certificates:
7-OOA,3 11 2014)
a. An Elevation Certificate (F'EMA Form 86-0-33) is required prior to the actual start of any new
construction for all structures included within or removed from the Special Flood Hazard Area
(SFHA). It shall be the duty of the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the lowest floor, in relation to mean sea level. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies detected by such review
shall be corrected by the permit holder prior to the beginning of construction. Failure to submit
the certification or failure to make required corrections shall be cause to deny a floodplain
development permit.
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b. The Floodplain Administrator may require an Elevation Certificate (FEMA Form 86-0-33)
after the lowest floor is established. If required, within seven (7) calendar days of establishment
of the lowest floor elevation, it shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the elevation of the lowest floor, in relation to mean sea level.
Any work done within the seven (7) day calendar period and prior to submission of the
certification shall be at the permit holder's risk. 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 further work being permitted to proceed. Failure to
submit the certification or failure to make required corrections shall be cause to issue a stop
work order for the project.
c. A final as -built Finished Construction Elevation Certificate (FEMA Form 86-0-33) is required
for all structures included within or removed from the Special Flood Hazard Area (SF'HA) after
construction is completed and prior to Certificate of 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 Occupancy
issuance. In some instances, another certification may be required to certify 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 Occupancy.
The Finished Construction Elevation Certificate certifier shall provide at least two (2)
photographs showing the front and rear of the building taken within 90 days from the date of
certification. The photographs must be taken with views confirming the building description
and diagram number provided in Section A. To the extent possible, these photographs should
show the entire building including foundation. If the building has split-level or multi-level
areas, provide at least two (2) additional photographs showing side views of the building. In
addition, when applicable, provide a photograph of the foundation showing a representative
example of the flood openings or vents. All photographs must be in color and measure at least
3" x 3". Digital photographs are acceptable.
2. Floodproofing Certificate. If non-residential floodproofing is used to meet the Flood Protection
Elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), 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. Failure to construct in accordance with
the certified design shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
3. If a manufactured home is placed within Zone A, AE, AH, AO, or A1-30 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 10-1-8-6(C).
4. Certification Exemptions. The following structures, if located within Zone A, AE, AH, AO, or A 1-
30, are exempt from the elevation/floodproofing certification requirements specified in this
subsection:
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a. Recreational Vehicles meeting requirements of Section 10-1-8-7(D);
b. Temporary Structures meeting requirements of Section 10-1-8-6(E);
c. Accessory Structures less than 200 square feet meeting requirements of Section 10-1-8-6(F).
d. Approved Letter of Map Revision based on Fill (LOMR-F), reflecting the Lowest Lot Elevation
(LLE) to be a minimum of one and one-half feet (1.5') of fill above base flood elevation.
10-1-8-3: ANCHORING:
A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or
lateral movement of the structure resulting from hydrodynamic and hydraulic loads, including the
effects of buoyancy.
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).
10-1-8-4: WATER AND SEWER SYSTEMS:
A. All new and replacement water supply systems and sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems; and discharge from the systems
into floodwaters.
B. On site waste disposal systems shall be located to avoid impairment of them or contamination from
them during flooding; and
C. All sewer and water systems shall be approved by the district health department or the Idaho
department of environmental quality.
10-1-8-5: SUBDIVISIONS':
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals and other development proposals shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;
and
D. Base flood elevation data shall be provided for subdivision proposals and other proposed development
located within any area of special flood hazard.
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.
F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25') setback from
all waterways, called the riparian zone, in which no improvement is permitted and require that riparian
vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank
and that removal of trees or other vegetation is regulated.
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G. 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 statute, including
Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.
10-1-8-6: SPECIFIC STANDARDS:
In all cases of special flood hazards where base flood elevation (Bre) data has been provided as set forth
in section 10-1-6 of this chapter, the provisions of this section shall be required:
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A. Residential Construction:
1. Connection to a central sewage treatment system shall be required. This requirement may be waived
by the City Council if the Central district health department recommends approval of an alternate
method of sewage treatment and disposal. Residential development within the floodplain may be
clustered (through approval of a PUD) to facilitate the economics of the sewage infrastructure.
2. New construction and substantial improvement of any residential structure (including manufactured
homes) shall have a finish floor - - - - ... • - .. - i :.. - - elevated
no lower than the Flood Protection Elevation, as defined in Section 10-1-5, and the lowest floor,
including basement and crawl space, shall be elevated to a minimum of one foot (1') above the base
flood elevation.
3. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the following minimum
criteria:
a. A minimum of two (2) openings on different sides having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided.
b. 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.
c. If a building has more than one enclosed area, each enclosed area must have flood openings to
allow floodwaters to automatically enter and exit.
d. The bottom of all required flood openings shall be no higher than one foot (1') above the interior
or exterior adjacent grade.
ee. Flood openings may be equipped with screens, louvers, or other coverings or devices, provided
that they permit the automatic entry and exit of floodwaters.
f. Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and,,
therefore, do not require flood openings. Masonry or wood underpinning, regardless of
structural status, is considered an enclosure and requires flood openings as outlined above.
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
L not a substantial improvement, the addition and/or improvements must be designed to
minimize flood damages and must not be any more non -conforming than the existing
structure; or
2. a substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
b. Additions to post -FIRM 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 post -FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure are
1. not a substantial improvement, the addition and/or improvements only must comply with
the standards for new construction; or
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2. 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 ten (10) year period, the cumulative cost of which
duals or exceeds forty percent (40%) 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 ten (10) 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:
1. 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
2. any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
B. Nonresidential Construction: New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the finished lowest floor elevation of the
.. _ . - -• - • , elevated to - - ... • - .. - N::: - •. • no lower than
the Flood Protection Elevation, as defined in Section 10-1-5; or, together with attendant utility and
sanitary facilities, shall:
1. Be floodproofed to a point two feet (2') above the base flood elevation so that the structure is
watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
3. Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the official as set forth in Section 10-1-9(B) of this
chapter.
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for
space below the lowest floor as described in subsection A of this section.
5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums
will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed
to the base flood level will be rated as 1 foot below that level).
..
C. Manufactured Homes:
M 3071604,
700A, 3 11
2044)
1. 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 Section 10-1-5.
2. 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
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accordance with the most current edition of the Idaho Division of Building Safety's "Idaho
Manufactured Home Installation Standard" in accordance with Idaho Code X44-2201(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.
3. All enclosures or skirting below the lowest floor shall meet the requirements of Section 10-1-8-
6(A)(3).
4. An evacuation plan must be developed for evacuation of all residents of all new, substantially
improved, or substantially damaged manufactured home parks or subdivisions located within flood
prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the
local Emergency Management Coordinator.
D. Recreational Vehicles: Recreational vehicles shall be either:
In all areas of special flood hazard (ASFH), recreational vehicles must be either:
A.
B.
C.
.
700A,3 11 2014)
1. Temporary Placement
a. 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
2. Permanent Placement.
a. Recreational vehicles that do not meet the limitations of Temporary Placement shall meet all
the requirements for new construction, as set forth in Section 10-1-8-2.
E. 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 shall be submitted in writing to the Floodplain Administrator for review and
written approval:
1. A specified time period for which the temporary use will be permitted. Time specified may not
exceed six (6) months, renewable up to one (1) year;
2. The name, address, and phone number of the individual responsible for the removal of the
temporary structure;,
3. The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood
warning notification);
4. A copy of the contract or other suitable instrument with the entity responsible for physical removal
of the structure; and
5. Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area,,
to which the temporary structure will be moved.
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F. Accessory Structures: When accessory structures (sheds, detached garages, etc.) are to be placed within
a Special Flood Hazard Area, elevation or floodproofing certifications are required for all accessory
structures (except as exempted below) in accordance with Section 10-1-8-2(B and/or J[]) and the
following criteria shall be met:
1. Accessory structures shall not be used for human habitation (including working, sleeping, livings
cooking, or restroom areas);
2. Accessory structures shall not be temperature -controlled;
3. Accessory structures shall be designed to have low flood damage potential;.
4. Accessory structures shall be constructed and placed on the building site so as to offer the minimum
resistance to the flow of floodwaters;
5. Accessory structures shall be firmly anchored in accordance with the provisions of Section 10-1-
8-3 of this chapter,.
6. All service facilities, such as electrical, shall be installed in accordance with the provisions of Eagle
Section 10-1-8-2(C) of this chapter; and
7. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided
below Flood Protection Elevation in conformance with the provisions of Section 10-1-8-6(A)(3) of
this chapter.
An accessory structure with a footprint less than 200 square feet and is a minimal investment of $3,000
or less and satisfies the criteria outlined in 1 - 7 above is not required to meet the certification
requirements of elevation or floodproofing standards Section 10-1-8-6(B) of this chapter.
G. Tanks: When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the
following criteria shall be met:
1. 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);
2. 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;
3. Not elevated above -ground tanks, that do not meet the elevation requirements of Section 10-1-8-
6(B) shall 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.
4. Tank inlets, fill openings, outlets and vents shall be:
a. 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
b. anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, during conditions of the base flood.
H. Construction of Below -Grade Crawlspace:
L The interior grade of a crawlspace shall be one -foot (1') above the base flood elevation (Bre) and
must not be more than two (2) feet below the exterior lowest adjacent grade (LAG).
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2. 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.
I. Other Development in Regulated Floodways:
1. Fences that have the potential to block the passage of floodwaters, such as stockade fences and
wire mesh fences, in regulated floodways and flood fringe shall meet the limitations of Section
10-1-8-7(C).
2. Retaining walls, bulkheads, sidewalks, and driveways that involve the placement of fill in
regulated floodways and flood fringe shall meet the limitations of Section 10-1-8-7(C).
3. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and
similar means for vehicles or pedestrians to travel from one side of a watercourse to the other
side, which encroach into regulated floodways and flood fringe, shall meet the limitations of
Section 10-1-8-7(C).
4. Drilling water, oil, and/or gas wells including fuel storage tanks, apparatus, and any equipment
at the site that encroach into regulated floodways and flood fringe shall meet the limitations of
Section 10-1-8-7(C and M).
5. Docks, piers, boat ramps, marinas, moorings, decks, docking facilities, port facilities,,
shipbuilding, and ship repair facilities that encroach into regulated floodways and flood fringe
shall meet the limitations of Section 10-1-8-7(C).
10-1-8-7: VEHICLE FLOODPLAIN AND FLOODWAY, STANDARDS:
A. Standards for Floodplains without Established Base Flood Elevations (Bre)
Within the Special Flood Hazard Areas designated as Zone A (also known as Unnumbered A Zones)
and established in Section 10-1-6, where no Base Flood Elevation (Bre) data has been provided by
F'EMA, the following provisions, in addition to the provisions of Section 10-1-8-2 and Section 10-1-
8-6, shall apply:
The Bre used in determining the Flood Protection Elevation (FPE) shall be based on the following
criteria:
1. When Base Flood Elevation (Bre) data is available from other sources, all new construction and
substantial improvements within such areas shall also comply with all applicable provisions of this
ordinance and shall be elevated or floodproofed in accordance with standards in Section 10-1-8-6,
2. When floodway data is available from a Federal, State, or other source, all new construction and
substantial improvements within floodway areas shall also comply with the requirements of Section
10-1-8-2 and 10-1-8-6.
1 All subdivision, manufactured home park, and other development proposals shall provide Base
Flood Elevation (Bre) data if development is greater than five (5) acres or has more than fifty (50)
lots/manufactured home sites. Such Base Flood Elevation (Br's) data shall be adopted by reference
in accordance with Section 10-1-6 and utilized in implementing this ordinance. The
applicant/developer shall submit an application for a Conditional Letter of Map Revision
(CLOMR) prior to Preliminary Plat approval and have obtained a Letter of Map Revision (LOMR)
prior to any building_permits for structures being issued.
4. When Base Flood Elevation (Bre) data is not available from a Federal, State, or other source as
outlined above, the lowest floor shall be elevated or floodproofed (non-residential) to two feet (2.0
ft.) above the Highest Adjacent Grade (HAG) at the building site or to the Flood Protection
Elevation (FPE) whichever is higher, as defined in Section 10-1-5. All other applicable provisions
of Section 10-1-8-6 shall also apply.
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B. Standards for Rivervine Floodplains with Base Flood Elevations but without Established Floodways:
Along rivers and streams where Base Flood Elevations (Bre) data is provided by FEMA oris available
from another source but floodway areas are not identified for a Special Flood Hazard Area on the FIRM
or is in the FIS report, the following requirements shall apply to all development within such areas:
1. Standards of Section 10-1-8-6.
2. Until a regulatory floodway or flood fringe area is designated, no encroachments, including fill,
new construction, substantial improvements, or other developments 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 at any point within the community.
C. Standards for Floodways and Flood Fringe Areas:
Areas designated as floodways are located within
areas established in Section 10-1-6 of this chapter, - . Since The
�ecial flood hazard
floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential
projectile and erosion potential_, The following provisions apply:
1. Encroachments, including fill, new construction, substantial improvements and other development,
are prohibited unless an approved floodplain development permit is issued demonstrating that
encroachments shall not result in any adverse impacts during the occurrence of the base flood.
2. Encroachments, including fill, new construction, substantial improvements and other development
are prohibited unless certification by a registered professional hydraulic engineer is provided
demonstrating that encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge; and uses within the floodway shall be restricted to those
which are required by public necessity (for example, bridges; water pumps), recreational use (for
example, paths), wildlife habitat improvements (for example, vegetation; nesting structures;
poollriffle improvements), and gravel extraction; provided that the use/encroachment meets the
approval of the federal emergency management agency and national flood insurance program and
does not jeopardize the city's participation in the national flood insurance program.
3. Subsection IX1 of this section shall comply with all applicable flood hazard reduction provisions
of this Section 10-1-8.
4. The placement of any mobile homes, as defined in Section 8-1-2 of this code, is prohibited.
5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway line. Except
that when the area of special flood hazard area boundary is one hundred feet (100') or less from the
floodway line, the boundary line shall be the setback line.
6. No development is permitted within the twenty five foot (25') setback from all waterways called
the riparian zone and riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank, and removal of trees or other vegetation is regulated in
accordance with this chapter.
7. For all subdivisions along the Boise River or Dry Creek, prior to approval of the final plat written
approval from Flood Control District 10 is required to protect access to the river for maintenance.
8. Compensating excavation in accordance with an engineered plan for orderly conveyance of
floodwater, or equivalent mitigating measures may be performed in the floodway when certified
by a registered professional engineer. Mitigation design shall include provisions to prevent
relocation or diversion of flow paths from causing increased jeopardy to any off site property at
any level of flooding from the 1 -year flood up to the base flood. Maintenance provisions for
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excavated areas prone to fill from sediment and other debris shall follow the requirements of
Section 9-3-2-5(C) of this code for private streets.
9. In the design of public and private parks and open space areas, fixed structures or equipment that
would impede floodwaters shall not be permitted within the floodway.
10. Any nonfloodway area surrounded by the floodway shall be subject to the conditions of subsections
IX1 through DC9 of this section, unless such area is accessed by at least one road with suitable
structures or culverts to pass floodwaters. If a bridge is required, it shall be elevated one foot (1')
above the base flood elevation, have scour resistant footings extending to five feet (5') below the
bottom of the channel and be capable of supporting an H-15 load as defined by the American
Association Of State Highway And Transportation Officials (AASHTO).
11. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map
Revision (LOMR) must also be obtained within six months of completion of the proposed
encroachment.
D. Standards for Areas of Shallow Flooding (Zone AO, AH, AR/AO, or AR/AH):
Located within the Special Flood Hazard Areas established in Section 10-1-6, are areas designated as
shallow flooding areas. These areas have special flood hazards associated with base flood depths of one
(1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate. In addition to Section 10-1-8-2 and Section 10-1-8-6, all new
construction and substantial improvements shall meet the following requirements:
1. The lowest floor shall be elevated at least as high as the depth number specified on the Flood
Insurance Rate Map (FIRM), in feet, plus a freeboard of two feet (2'), above the highest adjacent
grade; or at least three feet (3') above the highest adjacent grade if no depth number is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required
in Section 10-1-8-7(D)(1) so that the structure, together with attendant utility and sanitary facilities,
below that level shall be watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. Certification is required in accordance with Section 10-1-8-2(K),
and Section 10-1-8-6(B).
3. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around
and away from proposed structures.
E. Riparian Areas: Located within areas of special flood hazard, established in Section 10-1-6, are areas
designated as riparian areas. Since riparian areas provide critical flood management and fish and
wildlife habitat, the following provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks within the
floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and within
the required minimum twenty five foot (25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for emergency access
shall occur within the twenty five foot (25') riparian zone with the exception of approved stream
stabilization work. The Eagle City Council may approve access to property where no other primary
access is available. Private pathways and staircases shall not lead into or through the riparian zone
unless deemed necessary by the Eagle city council;
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a result of
the work done;
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5. New or replacement planting and vegetation shall include plantings that are low growing and have
dense root systems for the purpose of stabilizing stream banks and repairing damage previously
done to riparian vegetation. Examples of such plantings include: red osier dogwood, common
chokecherry, serviceberry, elderberry, river birch, skunk bush sumac, Bebb's willow, Drummond's
willow, little wild rose, gooseberry, and honeysuckle.
F. Map And Narrative Required: All subdivision proposals and development permit applications shall
provide a map and detailed narrative describing any abutting or on site manmade topographic features,
current or proposed, that increase flood damage potential above the natural level, including road fills
and other manmade embankments, prior stream channelization, existing and/or proposed landscaping
features, and evident agricultural land leveling that has altered the floodplain from its original
topography.
G. Fill Requirements: For fill placed in the floodplain:
1. Development within the area of special flood hazard shall result in no net loss in natural storage.
Grading plans shall show that existing natural storage volume in the floodplain, as bounded by the
existing surface topography and the base flood elevation surface, shall not be reduced from the
current quantity. Postdevelopment storage volumes will be calculated from the postdevelopment
flood elevation for the base flood event. Depressions which will be filled with groundwater and
sections of the floodplain which are restricted from floodwater conveyance due to roads built above
the base flood elevation shall not be considered when determining storage volumes. Development
within the DDA, iDA or CEDA design review overlay areas shall not be subject to the provisions
of this subsection.
2. The slope of fill adjacent to the floodway line, hereinafter called the floodway boundary slope, shall
not be steeper than five horizontal to one vertical (5:1). Where a five to one (5:1) slope is not
feasible due to lot dimensions, compensating measures to protect against floodway encroachment
through erosion shall be constructed as designed and certified by a professional engineer, architect,
or landscape architect.
3. The floodway boundary slope shall be maintained in groomed perennial turf or equivalent low
ground cover vegetation not taller than twelve inches (12") to provide protection from erosion.
Porous stonework or other durable surfacing may be used in lieu of ground cover vegetation for
design enhancement on floodway boundary slopes.
4.
; -
ek A
a. Exceptions:
(1) Approved LOMR F,
„,
letter of map revision issued by the F'EMA, federal
one half feet (1.5') of fill above base flood elevation. (Ord. 700A, 3 11 2014)
H. Roadways And Manholes: Roadways and manholes within the floodplain shall be a minimum of one-
half foot (0.5') above base flood elevation at centerline and manhole ring respectively.
I. Flow Paths And Natural Storage Areas Maintained: New roads built above the base flood elevation
shall not restrict conveyance of floodwater into sections of the floodplain that may be cut off by the
proposed road. Culverts or bridges shall be provided under roads to maintain existing natural storage
areas in the watershed to reduce flood damage.
J. Open Areas: Except for required berms, open areas such as parks, golf courses, greenbelt areas, parking
lots, etc., within the area of special flood hazard shall be designed and operated so that they may flood
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and maintain existing natural storage capacity for waters during the base flood event. Levees or berms
shall not be used for flood control.
K. Approval Of Plans: Plans for development within the floodplain showing construction and
postconstruction best management practices (BMPs) conforming to the catalog of stormwater best
management practices for Idaho cities and counties shall be submitted for approval before any grading
or other construction activities commence.
L. Flood Study: When a new flood study is provided by the developer:
1. The study shall be performed using the U.S. army corps of engineers hydrologic engineering center's
HEC -2, HEC -RAS (river analysis system), or equivalent programs to calculate water surface
elevations.
2. The study report shall include field survey data and relevant bench marks used as bases of
calculations as cross sections, stream profile and plan showing cross section locations.
3. The study report shall attach HEC -2, HEC -RAS, or equivalent input and output reports as
appendices.
4. Any floodway or floodplain modification shall not be effective until approved by FEMA.
5. The study shall include a reach of stream extending beyond the property boundaries of the
development upstream and downstream not less than twice the average width of floodway on or
adjacent to the development property, or as approved by the zoning administrator.
M. Critical Facilities: Critical facilities shall not be allowed within any SFHA, special flood hazard area,
including areas designated zone shaded X: .2% chance of flooding in any given year.
N. Alteration of Watercourses:
1. 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:
a. Notify adjacent communities and the Idaho Department of Water Resources prior to any
alteration or relocation of a watercourse and submit evidence of such notification to the federal
PEMA;
b. A description of the extent of watercourse alteration or relocation;
C.
se -that -the -need c • - • - - - ! , 1 12 1988; affid,Ofd. X485, 7
24 2007) A professional engineer's certified report that assures the flood -carrying capacity
within the altered or relocated portion of the watercourse is maintained and the effects to
properties located both upstream and downstream;
d. A map showing the location of the proposed watercourse alteration or relocation;.
e. The proposal is shown to be a permanent solution and creates a stable situation;
f. No increase to the 100 -year floodplain upstream or downstream requires certification by a
registered Idaho engineer;
The recreational use of the stream, including access along any and all public pedestrian/fisher's
easements and the aesthetic beauty, shall not be obstructed or interfered with by the proposed
g.
work
h. Fish habitat shall be maintained or improved as a result of the work proposed;
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i. The proposed work shall not be in conflict with the local public interest, including, but not
limited to, property values, fish and wildlife habitat, aquatic life, recreation and access to public
lands and waters, aesthetic beauty of the stream and water quality;
The work proposed is for the protection of the public health, safety and/or welfare such as
public schools, sewage treatment plant, water and sewer distribution lines and bridges
providing particularly limited or sole access to areas of habitation;
k. An Idaho Stream Channel Alteration Permit approval from the Idaho Department of Water
Resources shall be provided by the applicant to the Floodplain Administrator.
J
B.
A.
B.
4.
4.
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10-1-9: DUTIES OF THE FLOODPLAIN ADMINISTRATOR:
A. The Zoning Administrator, or a designated individual, hereinafter referred to as the "Floodplain
Administrator", is hereby appointed to administer and implement the provisions of this ordinance Title.
A,13. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
4. Permit Review:
a. Review ef
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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.
•
4&5, 7-24 2007)
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.S. afmy-esafps of engineers. (Ord. 700A,
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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.
3. In the event the base flood elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date
such information becomes available, the Federal Insurance Administrator shall be notified 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.
4. Upon occurrence, notify the Federal Insurance Administrator 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.
5. Prevent encroachments into floodways and flood fringe areas unless the certification and flood
hazard reduction provisions of Section 10-1-8-6 are met.
6. Obtain 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 10-1-8-2(K).
7. Obtain 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 10-1-
8-2(K).
8. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the
provisions of Section 10-1-8-2(K).
9. When floodproofing is utilized for a particular structure, obtain certifications from a registered
professional engineer or architect in accordance with the provisions of Section 10-1-8-2(K) and 10-
1-8-6(B
).
10. Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard
Areas, floodways, or flood fringe areas (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.
11. When Base Flood Elevation (Bre) data has not been provided in accordance with the provisions
of Section 10-1-6, obtain, review, and reasonably utilize any Bre data, along with floodway data
or flood fringe area data available from a Federal, State, or other source, including data developed
pursuant to Section 10-1-8-7, in order to administer the provisions of this ordinance.
12. When Base Flood Elevation (BFE) data is provided but no floodway data has been provided in
accordance with the provisions of Section 10-1-6, obtain, review, and reasonably utilize any
floodway data or flood fringe area data available from a Federal, State, or other source in order to
administer the provisions of this ordinance.
13. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation
of a parcel in a Special Flood Hazard Area (SF'HA) is above the Base Flood Elevation (Bre), advise
the property owner of the option to apply for a Letter of Map Amendment (COMA) from FEMA.
Maintain a copy of the COMA issued by F'EMA in the floodplain development permit file.
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14. Permanently maintain all records that pertain to the administration of this ordinance and make these
records available for public inspection subject to Idaho Code Title 74, Chapter 1, Public Records
Act.
15. 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.
16. 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.
17. Revoke floodplain development permits as required. 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.
18. 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.
19. Follow through with corrective procedures of Section 10-1-13(A).
20. Review, provide input, and make recommendations for variance requests.
21. 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 10-1-6 of this
ordinance, including any revisions thereto including Letters of Map Change, issued by NEMA.
Notify the NHP State Coordinator and FEMA of your community's mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill
(LOMR-Fs) and Letters of Map Revision (LOMRs).
423.
...
X24. Information To Be Obtained And Maintained:
a.
1 12 1988; fid. 185, 7 24 2007)
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ba. 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.
eb. 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 10-1-8-6(B)(3) of this
chapter.
(3) Maintain for public inspection all records pertaining to the provisions of this chapter.
10-1-10: VARIANCES:
A. Application For Variance: A variance from the terms of this chapter shall not be considered until a
written application for a variance containing the data required by subsection 8-7-4-2(B) of this code
and a narrative statement, demonstrating the requested variance has mitigated items contained in
subsection B of this section, is filed with the Zoning Administrator for submission to the Planning and
Zoning Commission and the City Council.
B. Procedure For Approval Of Variance:
1. Upon receipt of a complete variance application from the zoning administrator, the Planning and
Zoning Commission and the City Council shall follow the notice and hearing procedures outlined
in subsection 8-7-4-4(A) of this code and action requirements outlined in subsection 8-7-4-4(B) of
this code.
2. The Planning and Zoning Commission may recommend to the City Council that the City Council
approve, disapprove, or approve conditionally a requested variance. After receipt of the
Commission's recommendation and compliance with subsection 8-7-4-4(A) of this code, the City
Council may approve, disapprove or approve conditionally, by attaching such conditions to the
granting of a variance as is deemed necessary to further the purposes of this chapter, a requested
variance. In making a decision, the Planning and Zoning Commission and the City Council shall
consider all technical evaluations and all relevant factors and standards specified in other sections
of this chapter and:
a. The danger that materials may be swept onto other land 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 content 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, where applicable;
f. The availability of alternative locations for the proposed uses which are not subject to flooding
and erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and the floodplain management
program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site; and
J.
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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.
3. The applicant shall include a written report addressing each of the above factors in Section 10-1-
10(B)(2)(a-k) with their application for a variance.
4. 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.
5. Any applicant to whom a variance is granted shall be given written notice 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.
6. The Floodplain Administrator shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency and the State of Idaho upon request.
C. Standards and Conditions of Variance:
4. 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 existin-g
structures con-structed below the base flood level, providing the items contained in seei-on 104--
7ofthis chapter have been fully consid- -:. - -. - :- •- =•- •. +h) e
variance i
J .
1. Variances may be issued for
(a) The reconstruction, repair or rehabilitation or restorati-e-i of historic structures upon the
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure listed on the national register of historic places or
the state inventory of historic places, without regard to the procedures set forth in the remainder
of this section to preserve the character and design of the structure.
(b) Variances may be issued by a community 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, in conformance with the procedures
of 10-1-10(B);
2. Variances shall not be issued within any designated floodway or flood fringe area if the variance
would result in i4 any increase in flood levels during the base flood discharge would result.
43. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
54. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variances would result in exceptional hardship to the
applicant; and
c. A determination that 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 as identified in items contained in Section 10-1-7, of this
chapter, or conflict with existing local laws or ordinances.
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65. Variances as interpreted in the national flood insurance program are based on the general zoning
law principle that they pertain to a physical piece of property; they are not personal in nature and
do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily
address small lots in densely populated residential neighborhoods. As such, variances from the
flood elevations should be quite rare.
7-6. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser
degree of floodproofing than watertight or dry floodproofing, where it can be determined that such
action will have low damage potential, complies with all other variance criteria, and otherwise
complies with the general standards.
S7. Any applicant to whom a variance is granted shall be given written notice • . • -
•
of pecifying the difference between the Base Flood Elevation (Bre) and the elevation to which
the structure is to be built and that such construction below the Bre increases risks to life and
property, and that the issuance of a variance to construct a structure below the Bre will result in
increased premium rates for flood insurance wiWbe commensurate with the increased risk resulting
from the reduced lowest floor elevation. Such notification shall be maintained with a record of all
variance actions, including justification of the issuance.
D. Records And Reports: • - _ .. • . - . • - - . . - . .
...
142
1. The Floodplain Administrator shall maintain the records of all appeal actions and report any
variances to FEMA and the State of Idaho upon request.
2. The Floodplain Administrator will notify the State NFIP Coordinator of the Idaho Department of
Water Resources of its intention to grant a variance at least 30 calendar days prior to granting a
variance.
10-1-11: SCHEDULE OF FEES, CHARGES AND EXPENSES:
The City Council, by resolution, shall establish a schedule of fees, charges and expenses and a collection
procedure for development permits, amendments, appeals, variances, plan approvals and other matters
pertaining to the administration and enforcement of this chapter requiring investigation, inspection, legal
advertising, postage and other expenses. The schedule of fees shall be posted in the office of the zoning
administrator and may be altered or amended only by the City Council. Until all applicable fees, charges
and expenses have been paid in full, no action shall be taken on any application or appeal.
10-1-12: WARNING AND DISCLAIMER OF LIABILITY:
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering consideration. Larger floods can and will occur on-refe-oce-asieffs.
Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside
the : • . apecial Flood Hazard Area or uses permitted within such areas will be free
from flooding or flood damages. This chapter shall not create liability on the part of the city, or any officer
or employee thereof, : • - _ . _ - .. -• .. _ .. .. .. - - • , -
administration, for any flood damages that result from reliance on this chapter or any administrative
decision lawfully made hereunder.
10-1-13: CORRECTIVE PROCEDURES:
A. 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.
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B. 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
1. that the building or property is in violation of the floodplain management regulations;
2. what is required to bring the building or property into conformnce with this chapter; and
3. if the owner fails to correct the violation the Floodplain Administrator may issue an order to alter,,
vacate, or demolish the building; or to remove fill as applicable.
C. Order to Take Corrective Action. If, the owner fails to take action to bring the building or property into
compliance the Floodplain Administrator shall find that the building or development is in violation of
the Flood Control 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 120 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.
D. Appeal. Any owner who has received an order to take corrective action may appeal the order to the
local elected governing body by diving notice of appeal in writing to the Zoning Administrator within
twenty (20) 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.
E. 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 subject to the provisions of Section 10-1-14
D).
10-14314: VIOLATIONS AND PENALTIES:
A. Failure to Obtain A Development Permit: Failure to obtain a development permit shall be a violation of
this chapter.
B. Failure to Comply With Permit: Development permits issued on the basis of plans and applications
approved by the zoning administrator authorize only the use and arrangement set forth in such approved
plans and applications, or amendments thereto, and no other use, arrangement or construction. Use,
arrangement or construction contrary to that authorized shall be deemed a violation of this chapter.
C. Complaints Regarding Violations: Whenever a violation of this chapter occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis
thereof, shall be filed with the zoning administrator. The zoning administrator shall properly record
such complaint, immediately investigate and take action thereon as provided by this chapter.
D. Penalties: No structure or land shall hereafter be located, extended, converted, or altered unless in full
compliance with the terms of the ordinance and other applicable regulations. The city attorney shall, in
addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation
of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as
follows:
Violation of any of the provisions of this title or failure to comply with any of its requirements shall=
including violation of conditions and safeguards established in connection with grants of variance or
5_pecial exceptions, shall constitute an �a misdemeanor, and be punishable as provided in
section 1-4-1 of this code. The landowner, tenant, subdivider, builder, public official or any other
person who commits, participates in, assists in or maintains such violation may be found guilty of a
separate offense. Nothing herein contained shall prevent the council or any other public official or
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private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this
title or of the Idaho Code.
10-1-15: AMENDMENTS:
A. Authority: Whenever the public necessity, convenience, or general welfare require, the City Council
may, by ordinance after receipt of recommendation thereon from the Planning and Zoning Commission
and subject to procedures provided by law, amend, supplement, change or repeal the regulations of this
Title.
B. Initiation of Amendment: Amendments to this Title may be initiated in one of the following ways:
1. On application by a citizen of the City of Eagle.
2. On recommendation by the Floodplain Administrator.
3. On recommendation of the Commission.
4. Required by the Council.
C. Application for Amendment: Applications for amendments to this Title shall contain the following
information:
1. Name, address, and phone number of applicant;
2. Proposed amending ordinance, approved as to form by the Council; and
3. A fee as established by Resolution of the Council.
4. Additional information as may be required by the Administrator to aid in review of the amendment.
D. General Procedure for Amendments:
1. Request for an amendment to this Title shall be submitted to the Commission which shall review
and evaluate the request to determine the extent and nature of the amendment requested.
2. The Commission may recommend approval and the Council may adopt or reject the amendment
under the notice and hearingprocedures as herein provided.
E. Public Hearing Notice: The Commission shall hold a public hearing and make recommendations on the
proposed amendment.
1. The Commission, prior to recommending an amendment to the Council, shall conduct at least one
public hearing in which interested persons shall have an opportunity to be heard. The Commission
shall follow the following notice requirements:
a. Published Notice: At least fifteen (15) days prior to each hearing, notice of the time and place
of the hearing and a summary of the proposed amendment shall be published in the official
newspaper or paper of general circulation within the city. Notice shall also be made available
to other gapers, radio, and television stations serving the city for use as a public service
announcement.
F. Action by the Commission:
1. Recommendation By The Commission: Within forty five (45) days from the receipt of the proposed
amendment, the Commission shall transmit its recommendation to the Council. The Commission
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may recommend that the amendment be granted as requested, or it may recommend a modification
of the amendment requested, or it may recommend that the amendment be denied.
G. Action by the Council:
1. The Council, prior to adopting, revising or rejecting the amendment to this Title as recommended
by the Commission, shall conduct at least one public hearing using the same notice and hearing
procedures as the Commission. Following the Council hearing, if the council makes a material
change from what was presented at the public hearing, further notice and hearing shall be provided
before the Council adopts the amendment.
H. Effect of Amendment Approved: In the event the Council shall approve an amendment, such
amendment shall thereafter be made part of this Title upon the preparation and passage of an ordinance.
LEGAL STATUS PROVISIONS:
A. Effect on Rights and Liabilities under the Existing Flood Damage Prevention Ordinance
This ordinance, in part, comes forward by re-enactment of some of the provisions of the Flood Control
Ordinance enacted July 18, 1974, as amended, 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 the Flood Control
Ordinance of Eagle enacted on July 18, 1974, as amended, which are not reenacted herein are repealed.
B. Effect upon Outstanding Floodplain Development Permits
Nothing 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.
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 in full force and
effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial
invalidity.
D: 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.
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Adopted by the Eagle City Council, Eagle, Idaho, on this 23 day of July, 2019.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
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I (Sharon ergmann, Eagle City Cl A4,
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