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FLOOD PLAIN MANAGEMENT ORDINANCE
SECTION I
– Statutory Authority, Findings of Fact
and Purpose
The
Legislature of the State of Iowa has
in Chapter 331, Code of Iowa, as
amended, delegated the power to
counties to exercise any power and
perform any function it deems
appropriate to protect and preserve
the rights, privileges and property
of the county or of its residents,
and to preserve and improve the
peace, safety, health, welfare,
comfort and convenience of its
residents.
Findings of Fact
1.
The flood hazard areas of Shelby
County are subject to periodic
inundation which can result 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
of the community.
2.
These flood losses, hazards and
related adverse effects are caused
by: (1) the occupancy of flood
hazard areas by uses vulnerable to
flood damages which create hazardous
conditions as a result of being
inadequately elevated or otherwise
protected from flooding and (2) the
cumulative effect of obstructions on
the flood plain causing increases in
flood heights and velocities.
Statement of Purpose
Restrict or prohibit uses which
are dangerous to health, safety
or property in times of flood or
which cause excessive increases
in flood heights or velocities.
Require that uses vulnerable to
floods, including public
facilities which serve such
uses, be protected against flood
damage at the time of initial
construction or substantial
improvement.
Protect individuals from buying
lands which may not be suited
for intended purposes because of
flood hazard.
Assure that eligibility is
maintained from property owners
in the community to purchase
flood insurance through the
National Flood Insurance
Program.
SECTION
II – General Provisions
Lands
to Which Ordinance Apply—The
provisions of this ordinance shall
apply to all areas having special
flood hazards within the
jurisdiction of Shelby County. For
the purpose of this ordinance, the
special flood hazard areas are those
areas designated as Zone A on the
Flood Insurance Rate Map for Shelby
County, as amended, which is hereby
adopted and made a part of this
ordinance.
Rules
for Interpretation of Flood Hazard
Boundaries—The boundaries of the
special flood hazard areas shall be
determined by scaling distances on
the official Flood Insurance Rate
Map. When an interpretation is
needed as to the exact location of a
boundary, the Shelby County Engineer
shall make the necessary
interpretation.
Compliance—No structure or land
shall hereafter be used and no
structure shall be located,
extended, converted or structurally
altered without full compliance with
the terms of this ordinance and
other applicable regulations which
apply to uses with the jurisdiction
of this ordinance.
Abrogation and Greater
Restrictions—It is not intended by
this ordinance to repeal, abrogate
or impair any existing easements,
covenants, or deed restrictions.
However, where this ordinance
imposes greater restrictions, the
provision of this ordinance shall
prevail. All other ordinances
inconsistent with this ordinance are
hereby repealed to the extent of the
inconsistency only.
Interpretation—In their
interpretation and application, the
provisions of this ordinance shall
be held to be minimum requirements
and shall be liberally construed in
favor of the governing body and
shall not be deemed a limitation or
repeal of any other powers granted
by State statutes.
Warning and Disclaimer of
Liability—The standards required by
this ordinance are considered
reasonable for regulatory purposes.
This ordinance does not imply that
areas outside the designated special
flood hazard areas will be free from
flooding or flood damages. This
ordinance shall not create liability
on the part of Shelby County or any
officer or employee thereof for any
flood damages that result from
reliance on this ordinance or any
administrative decision lawfully
made thereunder.
SEVERABILITY—If any section, clause,
provision or portion of this
ordinance is adjudged
unconstitutional or invalid by a
court of competent jurisdiction, the
remainder of this ordinance shall
not be affected thereby.
SECTION
III – Standards for Flood Plain
Development
All uses
shall meet the following applicable
performance standards. Where needed, the
Department of Natural Resources shall be
contacted to compute 100-year flood
elevation and floodway data.
All
development within the special flood
hazard areas shall:
Be consistent with the need to
minimize flood damage.
Use construction methods and
practices that will minimize
flood damage.
Use construction materials and
utility equipment that are
resistant to flood damage.
Obtain all other necessary
permits from Federal, State and
Local governmental agencies
including approval when required
from the Iowa Department of
Natural Resources.
Structures:
New or substantially improved
residential structures shall
have the first floor (to include
basement) elevated a minimum of
one (1) foot above the 100-year
flood level.
New or substantially improved
non-residential structures shall
have the first floor (including
basement) elevated a minimum of
one (1) foot above the 100-year
flood level, or together with
attendant utility and sanitary
systems, be flood proofed to
such a level. When flood
proofing is utilized, a
professional engineer registered
in the State of Iowa shall
certify that the flood proofing
methods used are adequate to
withstand the flood depths,
pressures, velocities, impact
and uplift forces and other
factors associated with the
100-year flood level is
watertight with walls
substantially impermeable to the
passage of water. A record of
the certification indicating the
specific elevation (in relation
to the National Geodetic
Vertical Datum) to which any
structures are flood proofed
shall be maintained by the
Administrator.
All new and substantially
improved structures:
Fully
enclosed areas below the
"lowest floor" (not
including basements) that
are subject to flooding
shall be designed to
automatically equalize
hydrostatic flood forces on
exterior walls for allowing
for the entry and exit of
floodwaters. Designs for
meeting this requirement
must either be certified by
a registered professional
engineer or meet or exceed
the following minimum
criteria:
A
minimum of two
openings having a
total net area of
not less than one
square inch for
every square foot of
enclosed area
subject to flooding
shall be provided,
The
bottom of all
openings shall be no
higher than one foot
above grade,
Openings may be
equipped with
screens, louvers,
valves, or other
coverings or devices
provided that they
permit the automatic
entry exit of
floodwaters.
New and
substantially improved
structures must 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 effect
of buoyancy.
New and
substantially improved
structures must 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.
Factory-built homes:
Factory-built homes, including
those placed in existing
factory-built home parks or
sub-division, shall be anchored
to resist flotation, collapse,
or lateral movement.
Factory-built homes, including
those placed in existing
factory-built home parks or
sub-divisions, shall be elevated
on a permanent foundation such
that the lowest floor of the
structure is a minimum of one
(1) foot above the 100-year
flood level.
Subdivisions (including
factory-built home parks and
subdivision) shall be consistent
with the need to minimize flood
damage and shall provide adequate
drainage to reduce exposure to flood
hazards. Development associated with
subdivisions shall meet the
applicable standards of this
section.
Utility and Sanitary Systems
All new and replacement sanitary
sewage systems shall be designed
to minimize and eliminate
infiltration of floodwaters into
the system as well as the
discharge of effluent into
floodwaters.
On-site waste disposal systems
shall be designed to minimize or
eliminate infiltration of
floodwaters into the system.
New and replacement water supply
systems shall be designed to
minimize or eliminate
infiltration of floodwaters into
the system.
Utilities such as gas and
electrical systems shall be
located and constructed to
minimize or eliminate flood
damage to the systems and the
risk associated with such flood
damaged or impaired systems.
Watercourse alterations or
relocations must be designed to
maintain the flood carrying capacity
within the altered or relocated
portion.
Storage of materials and equipment
that are flammable, explosive or
injurious to human, animal or plant
life is prohibited unless elevated a
minimum of one (1) foot above the
100-year flood level. Other material
and equipment must either be
similarly elevated or:
Not be subject to major flood
damage and be anchored to
prevent movement due to flood
waters, or
Be readily removable after flood
warning.
SECTION
IV – Administration
Appointment, Duties and
Responsibilities of Flood Plain
Administrator
The Shelby County Engineer is
hereby appointed for as long as
that person holds the office of
Shelby County Engineer, to
implement and administer the
provisions of this ordinance and
will herein be referred to as
the Administrator. Each
subsequently elected Shelby
County Engineer shall assume the
role of Administrator.
Duties of the Administrator
shall include, but not
necessarily be limited to the
following:
Review all
flood plain development
permit applications to
assure that the provision of
this ordinance will be
satisfied.
Review flood
plain development
applications to assure that
all necessary permits have
been obtained from Federal,
State and Local governmental
agencies including approval
when required from the
Department of Natural
Resources for flood plain
construction.
Record and
maintain a record of the
evaluation (in relation to
the National Geodetic
Vertical Datum) of the
lowest floor (including
basement) of all new or
substantially improved
structures have been flood
proofed.
Record and
maintain a record of the
elevation (in relation to
National Geodetic Vertical
Datum) to which all new or
substantially improved
structures have been flood
proofed.
Notify
adjacent
communities/counties and the
Department of Natural
Resources prior to any
proposed alteration or
relocation of a watercourse
and submit evidence of such
notifications to the Federal
Emergency Management Agency.
Keep a record
of all permits, appeals and
such other transactions and
correspondence pertaining to
the administration of this
ordinance.
Flood
Plain Development Permit
Permit Required – A Flood Plain
Development Permit issued by the
Administrator shall be secured
prior to any flood plain
development (any man-made change
to improved and unimproved real
estate, including but not
limited to buildings or other
structures, mining, filling
grading, paving, excavation or
drilling operations), including
the placement of factory-built
homes.
Application for Permit –
Application shall be made on
forms furnished by the
Administrator and shall include
the following:
Description
of the work to be covered by
the permit for which
application is to be made.
Description
of the land on which the
proposed work is to be done
(i.e., lot block, track,
street address or similar
description) that will
readily identify and locate
the work to be done.
Indication of
the use or occupancy for
which the proposed work is
intended.
Elevation (in
relation to National
Geodetic Vertical Datum) of
the lowest floor (including
basement) of buildings.
For buildings
being improved or rebuilt,
the estimated cost of
improvements and market
value of the building prior
to the improvements.
For
developments involving more
than 5 acres, the elevation
of the 500-year flood level.
Such other
information as the
Administrator deems
necessary for the purpose of
this ordinance.
Procedure for Acting on Permit –
The Administrator shall make a
determination as to whether the
flood plain development, as
proposed, meets the applicable
provisions of Section III and
shall approve or disapprove the
application, In reviewing
proposed development, the
Administrator shall obtain,
review and reasonably utilize
any available flood plain
Information of data from
Federal, State or other sources.
Subdivision Review – The
Administrator shall review all
subdivision proposals within the
special flood hazard areas to assure
that such proposals are consistent
with the purpose and spirit of this
ordinance and shall advise the Board
of Supervisors of potential
conflicts. Flood plain development
in connection with a subdivision
(including installation of public
utilities) shall require a Flood
Plain Development Permit as provided
in Section IV B1. For proposals
greater than 50 lots, the subdivider
shall be responsible for providing
flood elevation data.
SECTION V
– Definitions
Unless
specifically defined below, works or
phrases used in this Ordinance shall be
interpreted so as to give them the same
meaning as they have in common usage and
so as to give this Ordinance its most
reasonable application.
BASEMENT
– Any enclosed area of a building which
has its floor or lowest level below
ground level (subgrade) on all sides.
Also see "lowest floor".
DEVELOPMENT – 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.
FACTORY-BUILT HOME – Any structure,
designed for residential use, which is
wholly or in substantial part, made,
fabricated, formed or assembled in
manufacturing facilities for
installation or assembly and
installation, on a building site. For
the purpose of the Ordinance,
factory-built homes include mobile
homes, manufactured homes and modular
homes and also include park trailers,
travel trailers and other similar
vehicles placed on a site for greater
than 180 consecutive days.
FACTORY-BUILT HOME PARK OR SUBDIVISION –
A parcel (or contiguous parcels) of land
divided into two or more factory-built
home lots for sale or rent.
FLOOD – A
temporary rise in stream’s flow or stage
that results in water overflowing its
banks and inundating areas adjacent to
the channel or an unusual and rapid
accumulation of runoff or surface waters
from any source.
FLOOD
PROOFING – Any combination of structural
and nonstructural additions, changes, or
adjustments to structures, including
utility and sanitary facilities, which
would preclude the entry of water.
Structural components shall have the
capability of resisting hydrostatic and
hydrodynamic loads and the effect of
buoyancy.
FLOODWAY
– The channel of a river or stream and
those portions of the flood plain
adjoining the channel, which are
reasonably required to carry and
discharge flood waters or flood flows so
that confinement of flood flows to the
floodway area will not result in
substantially higher flood levels and
flood velocities.
LOWEST
FLOOR – The floor of the lowest enclosed
area in a building including a basement
except when all the following criteria
are met:
The enclosed
area is designed to flood to
equalize hydrostatic
pressure during floods with
walls or openings that
satisfy the provisions of
Section III B3.a and
The enclosed
area is unfinished (not
carpeted, drywalled, etc.)
and used solely for low
damage potential uses such
as building access, parking
or storage, and
Machinery and
service facilities (e.g.,
hot water heater, furnace,
electrical service)
contained in the enclosed
area is located at 1.0 feet
above the 100-year flood
level, and
The enclosed
area is not a "basement" as
defined in this section.
In cases where the lowest
enclosed area satisfies criteria
a, b, c, and d above, the lowest
floor is the floor of the next
highest enclosed area that does
not satisfy the criteria above.
SPECIAL
FLOOD HAZARD AREA – The land within a
community subject to a one percent or
greater chance of flooding in any given
year. This land is identified as Zone A
on the Flood Insurance Rate Map.
STRUCTURE
– Anything constructed or erected on the
ground or attached to the ground
including but not limited to buildings,
factories, sheds, cabins, factory-built
homes, storage tanks and other similar
uses.
SUBSTANTIAL IMPROVEMENT – Any
improvement to a structure which
satisfies either of the following
criteria:
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 (I) before
the improvement or repair is
started, or (II) 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 commences whether
or not that alteration
affects the external
dimensions of the structure.
The term does not, however,
include any project for
improvement of a structure
to comply with existing
State or Local health,
sanitary, or safety code
specifications which are
solely necessary to assure
safe conditions for the
existing use.
Any addition
which increases the original
floor area of a building by
25 percent or more. All
additions constructed after
July 1, 1987, shall be added
to any proposed addition in
determining whether the
total increase in original
floor space would exceed 25
percent.
100-YEAR
FLOOD – A flood, the magnitude of which
has a one percent chance of being
equaled or exceeded in any given year or
which, on the average, will be equaled
or exceeded at lease once every 100
years.
ADOPTED
AND PASSED this 24th day of
April, 1987.
SHELBY
COUNTY BOARD OF SUPERVISORS
/s/
BURDETTE POLDBERG
Chairman
/s/
CALVIN E. BARTELSON
/s/
CHARLES M. EARLY ATTEST: /s/ MARSHA J.
CARTER, SHELBY COUNTY AUDITOR
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