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RES 1981-23 FLOOD DAMAGE FLOOD DAMAGE PREVENTION RESOLUTION SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES 1.1 STATUTORY AUTHORIZATION The Legislature of the State of Montana has in MCA, Title 76, Chapter 5 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of County Commissioners of Jefferson County, does resolve as follows: 1.2 FINDINGS OF FACT (1) The flood hazard areas of Jefferson County 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 the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE It is the purpose of this resolution to promote the public -1- i �V... I'. � 9.i W $ � �i� � k health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by pro- visions designed: (1) To protect human life and health; (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 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 second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this resolution includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or -2- which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. -3- SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this resolution shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Area of special flood hazard" means the land in the flood - plain within a community subject to a one percent or greater chance of flooding in any given year. "Base Flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and /or (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Hazard Boundary Map" (FHBM) means the official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated Zone A. -4- "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor ". "Mobile Home" means a structure that is transportable in one or more sections, built on a permanent chasses, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. " Structure" means a walled and roofed building or mobile home that is principally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building conmmences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code -5- specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS RESOLUTION APPLIES This resolution shall apply to all areas of special flood hazards within the jurisdiction of Jefferson County. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in its Flood Hazard Boundary Map (FHBM), #300154- 0001 -0024 dated January 24, 1978, are adopted by reference and declared to be a part of this ordinance. The FHBM is on file at Jefferson County Sanitarians Office. 3.3 COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this resolution and other applicable regulations. 3.4 ABROGATION AND GREATER RESTRICTIONS This resolution is not intended to repeal,abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this resolution and another resolution, easement, covenant, or deed restriction conflict or overlap, whichever -6- imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION In the interpretation and application of this resolution, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body;and, (3) Deemed neither to limit nor repeal any other powers granted under state statutes. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this resolution is considered reasonable regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This resolution does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This resolution shall not create liability on the part of Jefferson County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this resolution or any administrative decision lawfully made there- under. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction -7- r or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Jefferson County Sanitarian Office and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level, of the lowest floor (Including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any non - residential structure meet the floodproofing criteria in Section 5.2 -2; and, (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE Jefferson County Sanitarian The Jefferson County Sanitarian is hereby appointed to administer and implement this resolution by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE JEFFERSON COUNTY SANITARIAN Duties of the Jefferson. County Sanitarian shall include, but -8- not be limited to: 4.3 -1 Permit Review (1) Review all development permits to determine that the permit requirements of this resolution have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this resolution, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas. (i) If it is determined that there is no adverse effect and the development is not a building, then the permit shall be granted without further consideration. (ii) If it is determined that there is an adverse effect, then technical justification (i.e., a registered professional engineer) for the proposed development shall be required. (iii.) If the proposed development is a building, then the provisions of this resolution shall apply. 4.3 -2 Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Jefferson County Sanitarian shall obtain, -9- review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Section 5.2, SPECIFIC STANDARDS. 4.3 -3 Information to be Obtained and Maintained (1) 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. (2) For all new or substantially improved floodproofed structures: (i) obtain and record the actual elevation (in relation to mean sea level) to which the structure has been flood - proofed. (ii) maintain the floodproofing certifications required in Section 4.1 (3). (3) Maintain for public inspection all records pertaining to the provisions of this resolution. 4.3 -4 Alteration of Watercourses (1) Notify adjacent communities and the Montana State Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. -10- 4.3 -5 Interpretation of FHBM Boundaries Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1 -1 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (Z) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over - the -top and frame ties to ground anchors. Specific requirements shall be that: (i) Over- the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. -11- r f 5.1 -2 Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1 -3 Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.1 -4 Subdivision Proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, -12- r a (4) Base flood elevation data shall be provided for sub - division proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). 5.1 -5 Encroachments Any proposed development shall be analyzed to determine effects on the flood carrying capacity of the area of special flood hazard as set forth in Section 4.3 -1 (3), Permit Review. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 4.3 -2, Use of Other Base Flood Data, the following standards are required: 5.2 -1 Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. 5.2 -2 Nonresidential Construction New construction and substantial improvement of any com- mercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting -13- and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architact that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 4.303(2). EXECUTED this the lst day of June, 1981. es ie tSodorff Del t M. XGlen A. 5,teven5 " Je erson Coutr S its 'an Administrator Drew Dawson ATTEST: Joanne c dr ane -14- µy, , . ..� K'' .. ... / l � ,w - 4 q � V f ��