The purpose of this Article is to promote the public health, safety and general welfare of the City and to minimize public and private losses due to flood conditions in specific areas of Springville City by provisions designed to:
(1) 
Protect human life and health;
(2) 
Minimize damage to public infrastructure, including but not limited to utilities, streets, and bridges that are susceptible to flooding;
(3) 
Minimize prolonged business interruptions caused by flooding;
(4) 
Minimize public expenditures on flood control projects;
(5) 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;
(6) 
Protect and safeguard the welfare and safety of first responders should an emergency response be needed;
(7) 
Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
(8) 
Promote notification to potential buyers of properties in a flood area.
(Ord. No. 12-2020 § 2, 06/02/2020)
This Article applies the following methods to accomplish the purposes listed in Section 11-6-601:
(1) 
Restricts or prohibits land uses that are dangerous to health, safety, or property in times of flooding, or cause excessive increases in flood heights or velocities;
(2) 
Requires that land uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(3) 
Controls the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
(4) 
Controls filling, grading, dredging and other developments that may increase flood damage; and
(5) 
Prevents or regulates the construction of flood barriers that will unnaturally divert floodwaters or may increase flood hazards to other lands.
(Ord. No. 12-2020 § 2, 06/02/2020)
Unless specifically defined below, words or phrases used in this Article shall be interpreted to give them the meaning they have in common usage and to give this Article its most reasonable application. The below defined words only apply to this Article and not to any other section within this Title.
"Accessory structure"
is a structure that is on the same parcel of property as a principal structure. Its use is incidental to the use of the principal structure, and the ownership of the accessory structure is the same owner as of the principal structure. An accessory structure is a nonresidential structure of low value that is used solely for the parking of vehicles and storage of tools, materials, or equipment. No human habitation is allowed within an accessory structure. This definition shall include all other specifics, definitions and exclusions contained in FEMA Policy No. 104-008-03, Floodplain Management Requirements for Agricultural Structures and Accessory Structures (February 2020), and any other pertinent local, State and Federal floodplain laws, rules and regulations.
"Addition"
is any improvement that expands the enclosed footprint or increases the square footage of an existing structure. This includes lateral additions added to the side, front, or rear of a structure; vertical additions added on top of a structure; and enclosures added underneath a structure.
"Agricultural structure"
is a structure used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock; and "agricultural structure" specifically excludes any structure used for human habitation. This definition shall include all other specifics, definitions and exclusions contained in FEMA Policy No. 104-008-03, Floodplain Management Requirements for Agricultural Structures and Accessory Structures (February 2020), and any other pertinent local, State and Federal floodplain laws, rules and regulations.
"Alluvial fan flooding"
means flooding occurring on the surface of an alluvial fan or similar landform that originates at the apex. It is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
"Apex"
means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appurtenant Structure.
See "Accessory structure."
"Area of future-conditions flood hazard"
means the land area that would be inundated by the one percent (1%) annual chance flood, based on future-conditions hydrology.
"Area of shallow flooding"
means a designated AO, AH, AR/AO, or AR/AH zone on the City's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1') to three feet (3') 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 (SFHA)"
is the land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zone A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, or V1-30, VE, or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
"Area of special flood-related erosion hazard"
is the land within the City that is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the flood hazard boundary map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area, in preparation for publication of the FIRM, Zone E may be further refined.
"Base flood"
means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.
"Base flood elevation (BFE)"
is the water surface elevation of the one percent (1%) annual chance flood event. It is the height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas. It is also the elevation shown on the FIRM and found in the accompanying flood insurance study (FIS) for Zone A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percent (1%) chance of equaling or exceeding that level in any given year.
"Basement"
means any area of the building having its floor subgrade (below ground level) on all sides. A walkout basement that does not require a step up to grade is not considered a basement.
"Breakaway wall"
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Any walls below the lowest floor in a building in a V or VE Zone should give way under wind and water loads without causing collapse, displacement, or other damage to the elevated portion of the building of the supporting pilings or columns. Breakaway walls are required within V or VE Zones; they can also be used in A Zones.
Building.
See "Structure."
"Channelization"
means the artificial creation, enlargement, realignment, or alteration of a stream channel's slope, shape, or alignment. Streambank restoration may be deemed as channelization.
"Code of Federal Regulations (CFR)"
is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
"Conditional letter of map revision (CLOMR)"
is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic and/or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs, and/or the SFHA. The letter does not revise an effective map; it indicates whether the project, if built as proposed, would be recognized by FEMA.
"Conditional letter of map revision based on Fill (CLOMR-F)"
is FEMA's comment on a proposed structure or property. The letter does not revise an effective map; it indicates whether the project, if built as proposed, would be removed from the floodplain.
"Crawlspace"
means an under-floor space that has its interior floor area (finished or not) no more than four feet (4') from the bottom floor joist of the next higher floor elevation, designed with proper openings that equalize hydrostatic pressures of floodwater, and is not used for habitation.
"Critical facility"
means a facility or building where even a slight chance of flooding is too great a threat. Typical critical facilities include hospitals, fire stations, police stations, schools, storage of critical records, assisted living and similar facilities.
"Deed restriction"
refers to a clause in a deed or other recorded document that limits the future use of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions. For example, they may limit the density of buildings, dictate the types of structures that can be erected, or prevent buildings from being used for specific purposes or from being used at all.
"Detached garage"
is a building that is used solely for storage of materials or vehicle parking for the housing occupants. If a detached garage is designed or used for habitation or conducting business, or has multiple stories, then the building is not considered a detached garage under the NFIP.
"Development"
means any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, demolition, excavation or drilling operations, or storage either temporary or permanent of equipment or materials.
"Elevated building"
is a non-basement building built, in the case of a building in Zones A1-30, AE, A, A99, AR, AO, AH, B, C, X and D, to have the top of the elevated floor above the ground level by means of pilings, columns (post and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of a building in Zones A1-30, AE, A, A99, AR, AO, AH, B, C, X and D, an "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
"Enclosure"
refers to an enclosed walled-in area below the lowest floor of an elevated building. Enclosures below the BFE may only be used for building access, vehicle parking, and storage.
"Erosion"
means the process of the gradual wearing away of land masses by wind, water, or other natural agents.
"Existing construction" or "existing structures"
refers to structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date.
"Existing manufactured home park or subdivision"
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 2, 2020.
Existing Structures.
See "Existing construction."
"Expansion to an existing manufactured home park or subdivision"
means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"FEMA"
means the Federal Emergency Management Agency.
"Fill"
refers to the placement of materials, such as dirt, sand, or rock to elevate a structure, property, or portion of a property above the natural elevation of the site, regardless of where the material was obtained from. The common practice of removing unsuitable material and replacing with engineered material is not considered fill if the elevations are returned to the existing conditions. Any fill placed or used prior to the area being mapped as a flood hazard area is not deemed as fill.
"Flood or flooding"
means:
(1) 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) 
The overflow of inland or tidal waters, or
(b) 
The unusual and rapid accumulation or runoff of surface waters from any source;
(2) 
Mudslides (i.e., mudflows) that are proximately caused by flooding as defined in this Article 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; or
(3) 
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 this Article.
"Flood Insurance Manual"
is the document FEMA produces twice a year and is used to write flood insurance policies underwritten by the NFIP. The document contains definitions, policy rates, coverage and limitations, application and insurance policy forms.
"Flood insurance rate map (FIRM)"
means an official map of the City, on which FEMA has delineated both the SFHAs and the risk premium zones applicable to the City.
"Flood insurance study (FIS) or flood elevation study"
means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
"Flood opening"
refers to an opening in the wall of an enclosed structure that allows floodwaters to automatically enter and exit the enclosure. See FEMA Technical Bulletin 1.
"Flood protection system"
means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within the City subject to an SFHA and to reduce the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized, flood modifying works are those constructed in conformance with sound engineering standards. FEMA only accredits levees, both private and public, that have been certified by a professional engineer or firm in which the certification shows that the levees have met and continue to meet the minimum regulatory standards cited in Title 44, Chapter 1, Section 65.10 of the Code of Federal Regulations (44 CFR 65.10).
"Floodplain Administrator" or "Administrator"
means the City Engineer, or his or her designee, who will administer and implement the provisions of this Article, the floodplain management regulations, and other appropriate sections of the NFIP Regulations and 44 CFR pertaining to floodplain management.
"Floodplain development permit"
is a Springville City issued permit or document that is used for any development that occurs within an SFHA identified by FEMA. It is used to address the proposed development to ensure compliance with the floodplain management regulations.
"Floodplain management"
means 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, mitigation plans, and floodplain management regulations.
"Floodplain management regulations"
means the City's land use regulations, zoning ordinances, this "Flood Damage Prevention Ordinance," subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state, federal or local laws and regulations, in any combination thereof, which provide standards for flood damage prevention and reduction.
"Floodplain or flood-prone area"
means any land area susceptible to being inundated by water from any source whether or not identified by FEMA (see definition of "Flooding").
"Floodproofing"
means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing can either be accomplished in the form of dry floodproofing in which the structure is watertight below the levels that need flood protection, or wet floodproofing in permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding, while allowing floodwaters to enter the structure or area.
Floodway.
See "Regulatory floodway."
"Floodway encroachment lines"
means the lines marking the limits of floodways on Federal, State, and local floodplain maps.
"Freeboard"
means a factor of safety usually expressed in feet above a flood level for 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, bridge openings, and the hydrological effect of urbanization of the watershed.
"Functionally dependent use"
means a development that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and repair facilities. It does not include long-term storage or related manufacturing facilities.
"Highest adjacent grade (HAG)"
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. In AO Zones, the highest adjacent grade is utilized by comparing the lowest floor elevation to that of the highest adjacent grade and the depth of the AO Zone.
"Historic structure"
means any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on Utah's inventory of historic places in states with historic reservation programs that have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved State program as determined by the Secretary of the Interior, or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
"Letter of map amendment (LOMA)"
means an official amendment, by letter, to an effective FIRM. A LOMA establishes a property's location in relation to the SFHA. It is usually issued because a property or structure has been inadvertently mapped as being in the floodplain, when the property or structure is actually on natural high ground above the BFE.
"Letter of map revision (LOMR)"
means FEMA's modification or revision to an entire or portion of the effective FIRM, or flood boundary and floodway map, 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 BFEs, or the SFHA.
"Letter of map revision based on fill (LOMR-F)"
means FEMA's amendment, by letter, to an effective FIRM where fill was brought in or used to elevate a property, portion of property or structure above the BFE.
"Levee"
means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
"Levee system"
means 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 adjacent grade (LAG)"
means the lowest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. For an existing structure, it means the lowest point where the structure and ground touch, including, but not limited to, attached garages, decks, stairs, and basement windows.
"Lowest floor"
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
"Manufactured home"
means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle"; however, a manufactured home may be used for both residential and non-residential use.
"Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
"Map"
means the flood hazard boundary map (FHBM) or the FIRM for the City issued by FEMA.
"Mean sea level"
means, for purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which BFEs shown on the City's FIRM are referenced.
"National Flood Insurance Program (NFIP)"
is a voluntary program administered by FEMA, under the U.S. Department of Homeland Security.
"New construction"
means structures for which the start of construction commenced on or after June 2, 2020, and includes any subsequent improvements to such structures. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision"
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 2, 2020.
"No-rise certifications"
are formal certifications signed and stamped by a professional engineer licensed to practice in the State of Utah, demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that a proposed development will not result in any increase (zero feet (0.00')) in flood levels within the City during the occurrence of a base flood event.
"Physical map revision (PMR)"
is FEMA's action whereby one (1) or more map panels are physically revised and republished.
"Recreational vehicle"
means a vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred (400) square feet or less when measured at the largest horizontal projection;
(3) 
Designed to be self-propelled or permanently towable by a light duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway"
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
"Riverine"
means relating to, formed by, or resembling a river (including tributaries), stream, brook, creek, etcetera, which can be intermittent or perennial.
Special Flood Hazard Area (SFHA).
See "Area of special flood hazard."
"Start of construction"
(for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure"
means, for floodplain management purposes, a walled and roofed building, culvert, bridge, dam, or a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Structure," for insurance purposes, means:
(1) 
A building with two (2) or more outside rigid walls and a fully secured roof, which is affixed to a permanent site;
(2) 
A manufactured home ("a manufactured home," also known as a mobile home, is a structure: built on a permanent chassis, transported to its site in one (1) or more sections, and affixed to a permanent foundation); or
(3) 
A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the City's floodplain management and building ordinances or laws.
For insurance purposes, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in subsection (3) of this definition, or a gas or liquid storage tank.
"Substantial damage"
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. This term also applies to structures which have incurred any damage that equals or exceeds fifty percent (50%) of the structure's market value regardless of the actual repair work performed.
"Substantial improvement"
means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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. Substantial improvement shall also include any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place within a one (1) year time frame.
"Substantial improvement"
does not, however, include:
(1) 
Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of a historic structure, if the alteration will not preclude the structure's continued designation as a historic structure.
"Variance"
means a grant of relief from the terms of a floodplain management regulation.
"Violation"
means the failure of a structure or other development to be fully compliant with the City's floodplain management regulations. A structure or other development without the 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.
"Water surface elevation"
means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of floods of various magnitudes and frequencies, such as the one percent (1%) annual chance flood event, in the floodplains of coastal or riverine areas.
"Watercourse"
means the channel and banks of an identifiable water in a creek, brook, stream, river, ditch or other similar feature.
"Zone"
means the different flood zones shown on the FIRM and are defined by FEMA and other applicable federal regulations. The SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones A1-A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V, Zone VE, and Zones V1-V30. Moderate flood hazard areas are labeled Zone B or Zone X and are the areas between the limits of the base flood and the one-fifth percent (0.2%) annual chance (or five hundred (500) year) flood. The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the one-fifth percent (0.2%) annual chance flood, are labeled Zone C or Zone X.
(Ord. No. 12-2020 § 2, 06/02/2020)
This article shall apply to all areas of special flood hazard identified by FEMA on the FIRM. Any reference in this Article to any development activities means only those development activities within the SFHA.
(Ord. No. 12-2020 § 2, 06/02/2020)
The areas of special flood hazard are those areas identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Utah County, Utah and Incorporated Areas," dated June 19, 2020, and on the accompanying FIRMs, and any revisions thereto. All of these described documents are hereby automatically adopted by reference and declared to be a part of this Article.
(Ord. No. 12-2020 § 2, 06/02/2020)
In the interpretation and application of this Article, all provisions shall be:
(1) 
Considered as minimum requirements; and
(2) 
Deemed neither to limit nor repeal any other powers granted under local, State and Federal laws.
(Ord. No. 12-2020 § 2, 06/02/2020)
(1) 
The Floodplain Administrator will perform the following duties and responsibilities:
(a) 
Uphold the City's goals and the NFIP to reduce risk when possible and increase the City's resistance to future disasters;
(b) 
Maintain and hold open for public inspection all records pertaining to the provisions of this Article, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any floodproofing certificates, including the data supporting such certificates;
(c) 
Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs to which this Article applies, including, but not limited to, the City's FIRM;
(d) 
Review development proposals to determine whether a proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding;
(e) 
Review, approve, or deny all applications for floodplain development permits required by this Article;
(f) 
Ensure that all necessary permits have been obtained from those Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and the Endangered Species Act of 1973) from which prior approval is required;
(g) 
Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;
(h) 
Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Utah Division of Water Rights, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA;
(i) 
Where interpretation is 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), make the necessary interpretation;
(j) 
When BFE data has not been provided by FEMA, obtain, review, and reasonably utilize any BFE data and floodway data available from a Federal, State, or other source including data provided by the applicant, in order to administer the provisions of this Article;
(k) 
Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this Article, including proper elevation of structures;
(l) 
Review all permits utilizing the effective FIRMs, FIS, flood boundary and floodway map;
(m) 
If the project is determined or reasonably believed to cause an adverse effect on the BFE(s), boundaries of the floodplain or any insurable structures, require technical justification for the proposed development be submitted, including a CLOMR or LOMR prior to the permit approval or as a requirement of the permit; and
(n) 
Review plans to determine that fill placed within the SFHA shall result in no net loss of natural floodplain storage or increase in water surface elevations greater than one foot (1') during the base flood. The volume of the loss of floodwater storage due to filling in the SFHA shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site.
(2) 
Zones A1-30, AE, and AH. Under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP Regulations, the Floodplain Administrator may approve certain developments in Zones A1-30, AE, and AH on the City's FIRM, which increases the water surface elevation of the base flood by more than one foot (1'); provided, that the developer meets the requirements of 44 CFR Section 65.12 for a conditional FIRM revision through FEMA's CLOMR process.
(Ord. No. 12-2020 § 2, 06/02/2020)
(1) 
The property owner or developer shall notify FEMA by submittal of a LOMR within six (6) months of project completion when an applicant had obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.
(2) 
The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.
(3) 
The Floodplain Administrator shall be under no obligation to sign the community acknowledgement form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will meet or has met the requirements of this Article and all applicable State, Federal, and local laws.
(Ord. No. 12-2020 § 2, 06/02/2020)
(1) 
Application for a floodplain development permit shall be presented to the Floodplain Administrator on forms furnished by the Administrator and may include, but not be limited to:
(a) 
Electronic plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations;
(b) 
Electronic plans drawn to scale showing the location, dimensions, and elevation of existing and proposed structures, including the placement of manufactured homes;
(c) 
Location of the foregoing in relation to SFHAs;
(d) 
Elevation (in relation to mean sea level) of the lowest floor (including basement and crawlspace) of all new and substantially improved structures, if applicable;
(e) 
Elevation (in relation to mean sea level) to which any nonresidential structure (if applicable) shall be floodproofed, if applicable;
(f) 
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure (if applicable) shall meet the floodproofing criteria of this Article and the NFIP Regulations;
(g) 
Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development, if applicable;
(h) 
At the City's discretion, the City may charge a fee for issuance of floodplain development permits; and
(i) 
Copies of all floodplain development permits and the associated documents shall become property of the City and a permanent record.
(2) 
Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this Article and the following relevant factors:
(a) 
The danger to life and property due to flooding or erosion damage;
(b) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(c) 
The danger that materials may be swept onto other lands by flooding to the injury of others;
(d) 
The compatibility of the proposed use with existing and anticipated development;
(e) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(f) 
The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;
(g) 
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;
(h) 
The necessity to the facility of a waterfront location, where applicable;
(i) 
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(j) 
The relationship of the proposed use to the comprehensive plan for that area; and
(k) 
Volumetric calculations demonstrating compensatory storage for all fill activities in the floodplain.
(Ord. No. 12-2020 § 2, 06/02/2020)
The City requires that the following FEMA elevation certificates be completed for:
(1) 
Proposed Conditions. A proposed conditions elevation certificate is required to be completed by a professional and licensed surveyor, as part of the floodplain permit package.
(2) 
Building Under Construction. A building under construction elevation certificate is required to be completed by a professional and licensed surveyor, after the foundation has been poured.
(3) 
Finished Construction. A finished construction elevation certificate is required to be completed by a professional and licensed surveyor, once the structure is completed, utilities are installed, and grading and landscaping have been completed.
(Ord. No. 12-2020 § 2, 06/02/2020)
(1) 
No alteration to a channel, river, stream, drainage way, or other watercourse shall diminish the flood-carrying capacity of that watercourse. The altered or relocated watercourse shall have the same or greater capacity as the original watercourse.
(2) 
All proposals for a watercourse alteration require submittal of a floodplain development permit. The applicant shall submit a set of plans and calculations prepared by a registered professional engineer of the proposed alteration and its effect on flows. The following information may be required, as determined by the Floodplain Administrator, as part of a floodplain development permit application for a watercourse alteration:
(a) 
Topographic map of the project area;
(b) 
A comparison of the existing and proposed channel capacity, including engineering calculations prepared by a registered professional engineer;
(c) 
A description of the proposed alteration extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
(d) 
Land use of adjacent properties;
(e) 
Description of any obstructions;
(f) 
Dimensions, specifications, and locations of any structures (bridges, culverts, water crossing, dams, dikes, levees, detention basins, et cetera); and
(g) 
Photos of the area.
(3) 
An applicant for a floodplain development permit for a watercourse alteration shall:
(a) 
Submit an application and obtain a CLOMR from FEMA;
(b) 
Notify adjacent property owners, the Utah Division of Water Rights – Stream Alteration Program, any other State agencies that regulate watercourse alterations, and any adjacent municipalities or government entities that may be affected by the watercourse alteration, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Floodplain Administrator and to FEMA; and
(c) 
Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.
(Ord. No. 12-2020 § 2, 06/02/2020)
In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements:
(1) 
All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(3) 
All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
(4) 
All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(5) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(6) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.
(7) 
On-site waste disposal systems shall be designed or located to avoid impairment to them or contamination from them during flooding.
(Ord. No. 12-2020 § 2, 06/02/2020)
All temporary structures associated with festivals, carnivals or other temporary uses placed on sites within Zones A1-30, AE, AH, AO, and A on the City's FIRM are required to:
(1) 
Be on the site for fewer than thirty (30) consecutive days;
(2) 
Have a plan in place for the removal of the structure including a list of necessary supplies, tools, and resources needed to achieve the removal; and
(3) 
Be capable of being removed within twelve (12) hours.
(Ord. No. 12-2020 § 2, 06/02/2020)
When a structure or building has been determined as substantially damaged, any work or repair on said structure or building will be considered as substantial improvement and will be required to meet the development requirements set forth within this Article for substantial improvement.
(Ord. No. 12-2020 § 2, 06/02/2020)
For applications for building permits within a SFHA, 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, in coordination with the Community Development Director, or his or her designee, 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 only, not of land and building, 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. The determination requires evaluation of previous permits issued for improvements and repairs;
(4) 
Utilize FEMA's Substantial Improvement/Substantial Damage Desk Reference when making any determination on substantial improvement and/or substantial damage;
(5) 
The substantial improvement regulations apply to all of the work that is proposed as the improvement, even if multiple permits are issued. Therefore, the determination of the cost of the improvement should consider all costs of all phases of the work before issuance of the first permit; and
(6) 
Notify the applicant that if it is determined that the work constitutes substantial improvement or repair of substantial damage, compliance with this Article is required.
(Ord. No. 12-2020 § 2, 06/02/2020)
In all SFHAs areas, the following provisions are required:
(1) 
Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to the BFE plus the freeboard height noted below. A registered professional engineer, architect, or land surveyor shall submit certified elevations to the Floodplain Administrator that the standards of this Article are satisfied.
(2) 
Residential Construction Freeboard. The lowest floor elevation for residential construction shall be built two feet (2') above the BFE or flood depth identified on the FIRM.
(3) 
Nonresidential Construction. New construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated to the base flood level plus the freeboard height noted below, or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is 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. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. If the use or occupancy of the building changes in the future to residential, then the dry floodproofing of the structure cannot be used when determining compliance of the structure to the residential construction of this Article. As such, the building will not be grandfathered into compliance and will be required to be brought into compliance with the residential construction requirements of this Article.
(4) 
Nonresidential Construction Freeboard. The lowest floor elevation for residential construction shall be built two feet (2') above the BFE or flood depth identified on the FIRM. The development and construction of the structure must conform to the provision in FEMA/FIA-Technical Bulletins 1, 2, 10 and 11.
(5) 
Nonresidential Construction Access. New development projects will be designed, to the maximum extent practicable, so nonresidential building sites, walkways, driveway, and roadways are located on land with a natural grade with an elevation not less than the BFE and with dry land access.
(6) 
Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are to be used solely for parking of vehicles, building access, or storage in an area other than a basement, and are subject to flooding 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 having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided;
(b) 
The bottom of all openings shall be no higher than one foot (1') above grade;
(c) 
Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; and
(d) 
The development and construction of the structure must conform with the provision in FEMA/Federal Insurance Administration (FIA) Technical Bulletins 1 and 2.
(7) 
Enclosure Nonconversion Agreement. For any nonresidential construction that has an enclosure, a nonconversion agreement must be completed as part of the permitting process. The nonconversion agreement:
(a) 
Acknowledges the risk associated with this building practice;
(b) 
Acknowledges the use of the area that was permitted as an enclosure will be used solely for nonresidential accessory or appurtenant structures of low value whose usage is only for building access, parking or storage; and
(c) 
Allows for City, State and/or Federal officials to conduct periodic inspections to ensure compliance.
(8) 
Crawlspace. New construction and substantial improvements built on a crawlspace or sub-grade (below grade) crawlspace may be permitted if the development is designed and meets or exceeds the standards found in FEMA's Technical Bulletins 1, 2, and 11, which include but are not limited to the following:
(a) 
The structure must be affixed to a permanent foundation, designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet (5') per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.
(b) 
The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot (1') above the LAG.
(c) 
The crawlspace enclosure must have proper openings that allow equalization of hydrostatic pressure by allowing automatic entry and exit of floodwaters. To achieve this, a minimum of one (1) square inch of flood opening is required per one (1) square foot of the enclosed area subject to flooding.
(d) 
Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, piers, or other materials that extend below the BFE. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.
(e) 
Any building utility systems within the crawlspace must be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
(f) 
The interior grade of a crawlspace below the BFE must not be more than two feet (2') below the LAG.
(g) 
The height of the below-grade crawlspace, measured from the lowest interior grade of the crawlspace floor to the bottom of the floor joist of the next higher floor, cannot exceed four feet (4') at any point.
(h) 
There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.
(i) 
Buildings with below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the LAG.
(j) 
Crawlspaces shall not be allowed if they are not allowed under Section 10-1-105 or any other applicable City Code provisions.
(9) 
Manufactured Homes.
(a) 
All manufactured homes to be placed within Zone A on the City's FHBM or FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to any applicable State and City anchoring requirements for resisting wind forces.
(b) 
Manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the City's FIRM on sites outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the BFE, unless a higher standard option was selected, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(c) 
In A1-30, AH, AO and AE Zones, require that manufactured homes to be placed or substantially improved in an existing manufactured home park to be elevated so that the lowest floor is at or above the BFE, unless a higher standard option was selected; or the chassis is supported by reinforced piers no less than thirty-six (36) inches in height above grade and securely anchored.
(d) 
All manufactured homes are placed so that the bottom of the I-beam shall be at or above the BFE in zones A1-30, AH, AO, and AE on the City's FIRM plus any applicable freeboard as established by this Article by the City and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(10) 
Recreational Vehicles.
(a) 
Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the City's FIRM must:
(i) 
Be on the site for fewer than one hundred eighty (180) consecutive days;
(ii) 
Be fully licensed and ready for highway use; or
(iii) 
Meet the permit requirements of Section 11-6-611, "Permit Procedures," and the elevation and anchoring requirements for "manufactured homes" of this section.
(b) 
Recreational vehicles shall comply with all applicable Springville City Code provisions, including, but not limited to, all requirements in Sections 11-6-117 and 11-6-119.
(Ord. No. 12-2020 § 2, 06/02/2020)
(1) 
All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with the provisions of this Article.
(2) 
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(3) 
All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of this Article.
(4) 
BFE data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions, which is greater than fifty (50) lots or five (5) acres, or whichever is lesser.
(5) 
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(6) 
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(Ord. No. 12-2020 § 2, 06/02/2020)
New subdivision development proposals shall be designed, to the maximum extent practicable, so residential buildings sites, walkways, driveways, and roadways are located on land with a natural grade with elevation not less than the BFE and with dry land access.
(Ord. No. 12-2020 § 2, 06/02/2020)
Areas of shallow flooding are characterized by ponding or sheet flow; therefore, the following provisions apply:
(1) 
All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the City's FIRM plus the freeboard height described in this Section.
(2) 
All new construction and substantial improvements of non-residential structures shall:
(a) 
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the City's FIRM (at least two feet (2') if no depth number is specified) plus the freeboard height described in this Section; or
(b) 
Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
(3) 
A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied.
(4) 
Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.
(5) 
Shallow Flooding Freeboard. The lowest floor elevation shall be built two feet (2') above the BFE or flood depth identified on the City's FIRM.
(Ord. No. 12-2020 § 2, 06/02/2020)
Floodways located within SFHAs are extremely hazardous areas due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential; the following provisions shall apply:
(1) 
The base flood level shall not be increased by more than one foot (1') in the regulatory floodway on the City's FIRM.
(2) 
Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase greater than zero feet (0.00') during the occurrence of the base flood discharge.
(3) 
All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Article.
(4) 
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP Regulations, the City may permit encroachments within the adopted regulatory floodway that would result in an increase in BFEs; provided, that the City first applies for a conditional FIRM and floodway revision through FEMA.
(Ord. No. 12-2020 § 2, 06/02/2020)
A floodplain development permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F), unless such new structure, or substantial improvement or addition complies with the following:
(1) 
Residential Construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork) must be elevated to the elevation as required by the applicable sections of this Article.
(2) 
Nonresidential Construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to the elevation required by the applicable sections of this Article, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight at the elevation as required by the applicable sections of this Article with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
(Ord. No. 12-2020 § 2, 06/02/2020)
The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes.
This Article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of Springville City or any official or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.
(Ord. No. 12-2020 § 2, 06/02/2020)
(1) 
The Board of Adjustments shall hear and render a decision on appeals after a floodplain development permit has been denied and on requests for variances from the requirements of this Article.
(2) 
Appeals. The Board of Adjustment shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement of administration of this Article. All appeals of a decision made by the Floodplain Administrator shall follow the Board of Adjustment appeal process found in Section 11-2-305.
(3) 
Variances.
(a) 
Variances may be issued by the Board of Adjustment for new construction, substantial improvements and for other development necessary for the conduct of functionally dependent uses; provided, that:
(i) 
The criteria outlined in this Section are met; and
(ii) 
The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(b) 
General Variance Provisions.
(i) 
Variances shall not be issued to reduce the freeboard requirements in this Article for residential and nonresidential structures.
(ii) 
Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the development meets the listed requirements for a variance. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
(iii) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(iv) 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. The term "substantial improvement" does not include any alteration of a structure or facility listed on the National Register of Historic Places or a State Inventory of Historic Places.
(c) 
Requirements for a Variance to Be Granted.
(i) 
All variances must meet the requirements for a variance listed under Section 10-9a-702 of the Utah Code Annotated.
(ii) 
In addition to the requirements under Section 10-9a-702 of the Utah Code Annotated, variances shall only be issued upon a determination that:
(A) 
A determination that failure to grant the variance would result in "unreasonable hardship" to the applicant, as that term is defined under Section 10-9a-702 of the Utah Code Annotated;
(B) 
The variance is the minimum necessary, considering the flood hazard, to afford relief; 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, conflict with existing local laws or ordinances, considers the need of ingress and egress during times of floods, and does not jeopardize first responders' health and welfare.
(d) 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the BFE, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(e) 
Upon consideration of the factors noted above and the intent of this Article, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article.
(4) 
Records. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to FEMA and the Utah Division of Water Rights – Stream Alteration Program or any other applicable State agency upon issuing a variance.
(5) 
Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision to the District Court as allowed under Section 10-9a-801 of the Utah Code Annotated.
(Ord. No. 12-2020 § 2, 06/02/2020)
(1) 
This Article is to be enforced pursuant to the provisions set forth herein as applicable. The City Engineer, his or her designee, and other City enforcement authorities are responsible for the enforcement of the provisions of this Article.
(2) 
No structures or developments including buildings, recreational vehicles, or manufactured homes or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable regulations. Nothing herein shall prevent the Springville City Council from taking such lawful action as is necessary to prevent or remedy any violations.
(3) 
Nothing herein is intended to limit or prohibit the enforcement of the Springville City Code or other applicable laws through civil or criminal process where the City has determined that enforcement of the procedures outlined in these sections will not result in effective redress, where there have been repeated violations of the provisions of this Article, or where the severity of the violation warrants redress through civil or criminal action.
(4) 
Stop Work Order.
(a) 
Authority. Whenever the Floodplain Administrator or other City official discovers any work or activity regulated by this Article being performed in a manner contrary to the provisions of this Article, the Floodplain Administrator is authorized to issue a stop work order.
(b) 
Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(c) 
Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by local or State law including but not limited to the penalties in this section.
(5) 
Criminal Penalties. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Article and other applicable regulations. Violation of the provisions of this Article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a class B misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000.00 or imprisoned for not more than one hundred eighty (180) days, or both, for each violation assessed daily, and in addition shall pay all costs and expenses involved in the case.
(6) 
Other Remedies – Remedies Cumulative. The City shall have such other remedies as are and as may be from time to time provided by State law or City ordinance for the violation of any provision of this Article. Remedies shall be cumulative.
(7) 
Nothing contained in this Section shall prevent the City from taking such other lawful action as is available and necessary to prevent or remedy any violation of this Article.
(Ord. No. 12-2020 § 2, 06/02/2020)