TITLE Vl: PROPERTY AND LAND USE
CHAPTER 2 FLOOD PLAIN MANAGEMENT ORDINANCE
6-2-1 Legal Authority, Findings of Fact and
Purpose
6-2-2 General Provisions
6-2-3 Flood Plain Management Standards
6-2-4 Administration
6-2-5 Penalties for Violation
6-2-6 Amendments
6-2-7 Definitions
6-2-1 Legal
Authority, Findings of Fact and Purpose.
1.
Legal Authority. Chapter 331, Code of Iowa, grants
counties the authority, except as expressly limited by the Constitution and
if not inconsistent with the laws of the General Assembly, to exercise any
power and perform any function it deems appropriate to protect and preserve
the rights, privileges, and property of the county or its residents, and to
preserve and improve the peace, safety, health, welfare, comfort and
convenience of its residents.
2.
Findings of Fact.
a.
The flood hazard areas of Lee 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 peace, safety, health, welfare, comfort and
convenience of its residents.
b.
These flood losses, hazards, and related
adverse effects are caused by: (i)
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 (ii) the cumulative
effect of obstructions on the flood plain causing increases in flood
heights and velocities.
c.
This Chapter relies upon engineering
methodology for analyzing flood hazards which is consistent with the
standards established by the Department of Natural Resources.
3.
Statement of Purpose. It is the purpose of this Chapter to
protect and preserve the rights, privileges and property of Lee County and
its residents and to preserve and improve the peace, safety, health,
welfare, and comfort and convenience of its residents by minimizing those
flood losses described in 6-2-1 2b with provisions designed to:
a.
Reserve sufficient flood plain area for
the conveyance of flood flows so that flood heights and velocities will not
be increased substantially.
b.
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.
c.
Require that uses vulnerable to floods,
including public utilities which serve such uses, be protected against
flood damage at the time of initial construction.
d.
Protect individuals from buying lands
which are unsuited for intended purposes because of flood hazard.
e.
Assure that eligibility is maintained
for property owners in the county to purchase flood insurance through the
National Flood Insurance Program.
6-2-2 General
Provisions.
1.
Lands to Which Regulations Apply. These flood plain management regulations
shall apply to all lands and uses which have significant flood
hazards. The Flood Boundary and
Floodway Map and the Flood Insurance Rate Map, dated June 15, 1981, which
were prepared as part of the Lee County Flood Insurance Study, shall be
used to identify such flood hazard areas and all areas shown thereon to be
within the boundaries of the 100-year flood shall be considered as having
significant flood hazards. Where
uncertainty exists with respect to the precise location of the 100-year
flood boundary, the location shall be determined on the basis of the
100-year flood elevation at the particular site in question. The Lee County Flood Insurance Study is
hereby adopted by reference and is made a part of this Ordinance for the
purpose of administering flood plain management regulations.
2.
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 within the jurisdiction of this Ordinance.
3.
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.
4.
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.
5.
Warning and Disclaimer of
Liability. The degree of flood
protection required by this Ordinance is considered reasonable for
regulatory purposes and is based on engineering and scientific methods of
study. Larger floods may occur on
rare occasions. Flood heights may
be increased by man-made or natural causes, such as ice jams and bridge
openings restricted by debris. This
Ordinance does not imply that areas outside the regulated areas or that
uses permitted within the regulated areas will be free from flooding or
flood damages. This Ordinance shall
not create liability on the part of Lee 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.
6.
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.
6-2-3 Flood
Plain Management Standards
1.
General Flood Plain Standards - All uses
must be consistent with the need to minimize flood damage and shall meet
the following applicable performance standards. Where 100-year flood data has not been provided in the Flood
Insurance Study, the Department of Natural Resources shall be contacted to
compute such data.
a.
All structures shall be (i) adequately
anchored to prevent flotation, collapse or lateral movement of the
structure, (ii) be constructed with materials and utility equipment
resistant to flood damage, and (iii) be constructed by methods and
practices that minimize flood damage.
b.
Residential buildings - All new or
substantially improved residential structures shall have the lowest floor,
including basement, elevated a minimum of one (1) ft. above the 100-year
flood level. Construction shall be
upon compacted fill which shall, at all points, be no lower than 1.0 ft.
above the 100-year flood level and extend at such elevation at least 18
feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as
piers) may be allowed, subject to favorable consideration by the Board of
Supervisors and the Department of Natural Resources, where existing
topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be
adequate to support the structure as well as withstand the various forces
and hazards associated with flooding.
c.
Non-residential buildings - All new or
substantially improved nonresidential buildings shall have the first floor
(including basement) elevated a minimum of one (1) ft. 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; and that the
structure, below 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 National Geodetic Vertical Datum) to
which any structures are flood proofed shall be maintained by the
Administrator.
d.
All new and substantially improved
structures:
1.
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 by 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.
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.
b.
The bottom of all openings shall be no
higher than one foot above grade.
c.
Openings may be equipped with screens,
louvers, valves, or other coverings or devices provide that they permit the
automatic entry and exit of floodwaters.
2.
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 effects of buoyancy.
3.
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.
e.
Factory-built homes:
1.
Factory-built homes including those
placed in existing factory-built home parks or subdivisions shall be
anchored to resist flotation, collapse, or lateral movement.
2.
Factory-built homes including those
placed in existing factory-built home parks or subdivisions 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.
f.
Utility and Sanitary Systems:
1.
All new and replacement sanitary sewage
systems shall be designed to minimize and eliminate infiltration of flood
waters into the systems as well as the discharge of effluent into flood
waters. Wastewater treatment
facilities shall be provided with a level of flood protection equal to or
greater than one (l) foot above the l00-year flood elevation.
2.
On site waste disposal systems shall be located
or designed to avoid impairment to the system or contamination from the
system during flooding.
3.
New or replacement water supply systems
shall be designed to minimize or eliminate infiltration of flood waters
into the system. Water supply
treatment facilities shall be provided with a level of protection equal to
or greater than one (1) foot above the 100-year flood elevation.
4.
Utilities such as gas or electrical
systems shall be located and constructed to minimize or eliminate flood
damage to the system and the risk associated with such flood damaged or
impaired systems.
g.
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 (i) not be subject to major
flood damage and be anchored to prevent movement due to flood water or (ii)
be readily removable from the area within the time available after flood
warning.
h.
Flood control structural works such as
levees, flood walls, etc. shall provide, at a minimum, protection from a
100-year flood with a minimum of 3 ft. of design freeboard and shall
provide for adequate interior drainage.
In addition, structural flood control works shall be approved by the
Department of Natural Resources.
i.
No use shall affect the capacity or
conveyance of the channel or floodway of any tributary to the mainstream,
drainage ditch, or other drainage facility or system.
j.
Subdivisions (Including factory-built
home parks and subdivision) shall be consistent with the need to minimize
flood damages and shall have adequate drainage provided to reduce exposure
to flood damage. Development associated
with subdivision proposals shall meet the applicable performance
standards. Subdivision proposals
intended for residential development shall provide all lots with a means of
vehicular access that will remain dry during occurrence of the 100-year flood.
k.
The exemption of detached garages, sheds,
and similar structures from the 100-year flood elevation requirements may
result in increased premium rates for insurance coverage of the structure
and contents, however, said detached garages, sheds, and similar accessory
type structures are exempt from the 100-year flood elevation requirements
when:
1.
The structure shall not be used for
human habitation.
2.
The structure shall be designed to have
low flood damage potential.
3.
The structure shall be constructed and placed
on the building site so as to offer minimum resistance to the flow of
floodwaters.
4.
Structures shall be firmly anchored to
prevent flotation, which may result in damage to other structures.
5.
The structure's service facilities such
as electrical and heating equipment shall be elevated or flood proofed to
at least one (1) foot above the 100-year flood level.
2.
Special Floodway Provisions - In
addition to the General Flood Plain Standards, uses within the floodway
must meet the following applicable standards. The floodway is that portion of the flood plain which must be
protected from developmental encroachment to allow the free flow of flood
waters. Where floodway data has been
provided in the Flood Insurance Study, such data shall be used to define the
floodway limits. Where no floodway
data has been provided, the Department of Natural Resources shall be
contacted to provide a floodway delineation.
a.
No use shall be permitted in the
floodway that would result in any increase in the 100-year flood level. Consideration of the effects of any
development on flood levels shall be based upon the assumption that an
equal degree of development would be allowed for similarly situated lands.
b.
All uses within the floodway shall:
1.
Be consistent with the need to minimize
flood damage.
2.
Use Construction methods and practices
that will minimize flood damage.
3.
Use construction materials and utility
equipment that are resistant to flood damage.
c.
No use shall affect the capacity or
conveyance of the channel or floodway or any tributary to the mainstream,
drainage ditch, or any other drainage facility or system.
d.
Structures, buildings and sanitary and
utility systems, if permitted, shall meet the applicable General Flood
Plain standards and shall be constructed or aligned to present the minimum
possible resistance to flood flows.
e.
Buildings, if permitted, shall have a
low flood damage potential and shall not be for human habitation.
f.
Storage of materials or equipment that
are buoyant, flammable, explosive or injurious to human, animal or plant
life is prohibited. Storage of
other materials may be allowed if readily removable from the floodway
within the time available after flood warning.
g.
Watercourse alterations or relocations (channel
changes and modifications) must be designed to maintain the flood carrying
capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved
by the Department of Natural Resources.
h.
Any fill allowed in the floodway must be
shown to have some beneficial purpose and shall be limited to the minimum
amount necessary.
i.
Pipeline river or stream crossings shall
be buried in the streambed and banks or otherwise sufficiently protected to
prevent rupture due to channel degradation and meandering or due to the
action of flood flows.
6-2-4 Administration.
1.
Appointment, Duties and Responsibilities
of Administrator.
a.
The Lee County Engineer shall administer
and enforce the provisions of this Chapter and will herein be referred to
as the Administrator.
b.
Duties and Responsibilities of the
Administrator shall include, but not necessarily be limited to, the
following:
1.
Review all flood plain development
permit applications to ensure that the provisions of this chapter will be
satisfied.
2.
Review all flood plain development
permit applications to ensure that all necessary permits have been obtained
from federal, state or local governmental agencies.
3.
Record and maintain a record of: (i) the elevation (in relation to
National Geodetic Vertical Datum) of the lowest floor of all new or
substantially improved buildings or (ii) the elevation to which new or
substantially improved structures have been flood-proofed.
4.
Notify adjacent communities and/or
counties and the Department of Natural Resources prior to any proposed
alteration or relocation of a watercourse.
5.
Keep a record of all permits, appeals,
variances and such other transactions and correspondence pertaining to the
administration of this Ordinance.
2.
Flood Plain Development Permit Required.
a.
Permit Required - A Flood Plain
Development Permit issued by the Administrator shall be secured prior to
initiation of any flood plain development (any man-made change to improved
or 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.
b.
Application for Permit - Application for
a Flood Plain Development Permit shall be made on forms supplied by the
Administrator and shall include the following information:
1.
Description of the work to be covered by
the permit for which application is to be made.
2.
Description of the land on which the proposed
work is to be done (i.e. - lot, block, tract, street address or similar
description that will readily identify and locate the work to be done).
3.
Indication of the use or occupancy for
which the proposed work is intended.
4.
Elevation of the l00-year flood.
5.
Elevation (in relation to National
Geodetic Vertical Datum) of the lowest floor (including basement) of
buildings or of the level to which a building is to be flood-proofed.
6.
For buildings being improved or rebuilt,
the estimated cost of improvements and market value of the building prior
to the improvements.
7.
Such other information as the
Administrator deems reasonably necessary for the purpose of this Ordinance.
c.
Action on Permit Application. The Administrator shall, within a
reasonable time, make a determination as to whether the proposed flood
plain development meets the applicable standards of this ordinance and
shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in
writing, of the specific reasons therefore. The Administrator shall not issue permits for variances
except as directed by the Boards of Supervisors.
d.
Construction and Use to be as Provided
in application and Plans. Flood
Plain Development Permits based on the basis of approved plans and
applications authorize only the use, arrangement and construction set forth
in such approved plans and applications and no other use, arrangement or
construction. Any use, arrangement,
or construction at variance with that authorized shall be deemed a
violation of this ordinance. The
applicant shall be required to submit certification by a professional
engineer or land surveyor, as appropriate, registered in the State of Iowa,
that the finished fill, building floor elevations, flood-proofing, or other
flood protection measures were accomplished in compliance with the
provisions of this Chapter, prior to the use or occupancy of any structure.
3.
Variance.
a.
The Board of Supervisors may authorize
upon request in specific cases such variances from the terms of this
Ordinance that will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this
ordinance will result in unnecessary hardship. Variances granted must meet the following applicable
standards.
1.
No variance shall be granted for any
development within the floodway which would result in any increase in flood
heights during the occurrence of the l00-year flood. Consideration of the effects of any
development on flood levels shall be based upon the assumption that any
equal degree of development would be allowed for similarly situated lands.
2.
Variances shall only be granted
upon: (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of the 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.
3.
Variances shall only be granted upon a
determination that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
4.
In cases where the variance involves a
lower level of flood protection for buildings than what is ordinarily
required by this Ordinance, the applicant shall be notified in writing over
the signature of the Administrator that: (i) the issuance of a variance
will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage and (ii) such construction
increases risk to life and property.
5.
All variances granted shall have the
concurrence or approval of the Department of Natural Resources.
b.
Factors Upon Which the Decision of the
Board Shall be Based - In passing upon applications for Variances, the
Board shall consider all relevant factors specified in other sections of
this ordinance and:
1.
The danger of life and property due to
increased flood heights or velocities caused by encroachments.
2.
The danger that materials may be swept
on to other land or downstream to the injury of others.
3.
The proposed water supply and sanitation
systems and the ability of these systems to prevent disease, contamination
and unsanitary conditions.
4.
The susceptibility of the proposed
facility and its contents to flood damage and the effect of such damage on
the individual owner.
5.
The importance of the services provided
by the proposed facility to the county.
6.
The requirements of the facility for a
flood plain location.
7.
The availability of alternative
locations not subject to flooding for the proposed use.
8.
The compatibility of the proposed use
with existing development and development anticipated in the foreseeable
future.
9.
The relationship of the proposed use to
the comprehensive plan and flood plain management program for the area.
10.
The safety of access to the property in
times of flood for ordinary and emergency vehicles.
11.
The expected heights, velocity,
duration, rate of rise and sediment transport of the flood water expected
at the site.
12.
Such other factors which are relevant to
the purpose of this Ordinance.
c.
Conditions Attached to Variances. Upon consideration of the factors listed
above, the Board may attach such conditions to the granting of variances as
it deems necessary to further the purpose of this Ordinance. Such conditions may include, but not necessarily
be limited to:
1.
Modification of waste disposal and water
supply facilities.
2.
Limitation of periods of use and
operation.
3.
Imposition of operational controls,
sureties, and deed restrictions.
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