Ordinance 1170 - Floodplain Ordinance160
ORDINANCE NO. 1170
AN ORDINANCE AMENDING ORDINANCE NO. 1101, "THE CITY OF KALISPELL
FLOODPLAIN ORDINANCE" TO IMPLEMENT THE FLOODPLAIN AND FLOODWAY
MANAGEMENT LAWS OF THE STATE OF MONTANA WITHIN THE CITY. SAID
ORDINANCE PROVIDES FOR ESTABLISHMENT OF FLOODPLAINS, FLOODWAYS
AND FLOODWAY FRINGE DISTRICTS WITHIN THE CITY AND A MAP
DESIGNATING SAME; TERMS USED IN ADMINISTRATION THEREOF ARE
DEFINED; USES ALLOWED AND PROHIBITED ARE DEFINED, AND USE PERMITS
PROVIDED FOR WITH CRITERIA OF ISSUANCE THEREOF; FLOOD PROOFING
REQUIREMENTS ARE SET OUT; A FLOODWAY ADMINISTRATOR IS PROVIDED
FOR AND HIS DUTIES UNDER THE ORDINANCE ARE ESTABLISHED; VARIANCES
w. ARE PROVIDED FOR AND A KALISPELL FLOOD HAZARD BOARD OF ADJUSTMENT
ESTABLISHED TO ADMINISTER APPLICATIONS FOR SAME; VIOLATION OF
SAID ORDINANCE IS MADE A MISDEMEANOR; TO PROVIDE FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
SECTION I:
CHAPTER I
TITLE AND PURPOSE
1.01. TITLE
This Ordinance shall be known and cited as the "City of
Kalispell Floodplain Ordinance". This Ordinance is in
accordance with and exercising the authority of the laws of
the State of Montana.
1.02. PURPOSE
To promote the public health, safety, and general welfare,
to minimize flood losses in areas subject to flood hazards,
and to promote wise use of the floodplain. This
Ordinance has been established with the following purposes
intended:
A. To guide development of the 100-year floodplain within local
jurisdiction consistent withthe enumerated findings by:
1. recognizing the right and need of water courses to
periodically carry more than the normal flow of water;
2. participating in coordinated efforts of federal, state,
and local management activities for 100-year
floodplains; and
3. ensuring the regulations and minimum standards adopted,
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insofar as possible, balance the greatest public good
with the least private injury.
S. Specifically it is the purpose of this Ordinance to:
1. restrict or prohibit uses that are dangerous to health,
safety, and property in times of flood, or that cause
increased flood heights and velocities;
2.
require that uses vulnerable to floods, including
public facilities, be provided with flood protection at
the time of initial construction;
} 3.
identify lands unsuitable for certain development
purposes because of flood hazards;
4.
minimize the need for rescue and relief efforts
associated with flooding undertaken at the expense of
the general public;
5.
ensure potential buyers are notified that property is
within a 100-year floodplain and subject to the
provisions of these regulations; and
6.
ensure that those who occupy 100-year floodplains
assume responsibility for their actions.
CHAPTER II
DEFINITIONS
2.01. DEFINITIONS
Unless specifically defined below, words or phrases used in
this Ordinance shall be interpreted to give them the
meaning they have in common usage and to give this
Ordinance the most reasonable application.
Act -- Montana Floodplain and Floodway Management Act, 76--5-
101 through 406, MCA.
Alteration -- Any change or addition to a structure that
either increases its external dimensions or increases its
potential flood hazard.
Appeal -- A request for a review of the Floodplain
Administrator's interpretation of any provision of this
Ordinance or a request for a variance.
Area of Special Flood Hazard -- The land in the floodplain
within the community subject to inundation by a one percent
(1%) or greater chance of flooding in any given year, i.e.,
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the 100-year floodplain.
Artificial Obstruction - Development -- Any obstruction
which is not natural and includes any dam, diversion, wall,
riprap, embankment, levee, dike, pile, abutment, projection,
revetment, excavation, channel rectification, bridge,
conduit, culvert, building, refuse, automobile body, fill,
or other analogous structure or matter in, along, across, or
projecting into any 100-year floodplain which may impede,
retard, or alter the pattern of flow of water, either in
itself or by catching or collecting debris carried by the
water, or that is placed where the natural flow of water
would carry the same downstream to the damage or detriment
of either life or property.
Base Flood -- A flood having a one percent (1%) chance of
being equalled or exceeded in any given year. A base flood
is the same as a 100-year flood.
Base Flood Elevation -- The elevation above sea level of the
base flood in relation to National Geodetic Vertical Datum
of 1929 unless otherwise specified in the flood hazard
study.
Channelization Project -- The excavation and/or construction
of an artificial channel for the purpose of diverting the
entire flow of a stream from its established course.
Establish -- To construct, place, insert, or excavate.
Existing Manufactured Home Park or Subdivision -- A
manufactured home park or subdivision where the construction
of facilities for servicing the manufactured homes lots is
completed before the effective date of the floodplain
management regulations. This includes, at a minimum, the
installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads.
FEMA -- The Federal Emergency Management Agency
Flood or Flooding -- A general and temporary condition of
partial or complete inundation of normally dry lands from
the overflow of a. stream, or the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood Insurance Rate Ma -- The map on which FEMA has
delineated both the 100 year floodplains and the risk
premium zones.
Flood Insurance Stud -- The report in which FEMA has
provided flood profiles, as well as the Flood
Boundary/Floodway Map and the water surface profiles.
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Floodplain -- The areas subject to this Ordinance,
generally adjoining a stream, that would be covered by
floodwater of a base flood except for designated shallow
flooding areas that receive less than one foot of water per
occurrence. The floodplain consists of a floodway and
floodway fringe.
Floodwav -- The channel of a stream and the adjacent
overbank areas that must be reserved in order to discharge a
base flood without cumulatively increasing the water surface
elevation more than one-half (1/2) foot.
Floodwav Fringe -- That portion of the floodplain outside
the limits of the floodway.
Levee -- A man-made embankment, usually earthen, designed
and constructed in accordance with sound engineering
practices to contain, control, or divert the flow of water
to provide protection from temporary flooding.
Levee System -- A flood protection system that consists of a
levee, or levees, and associated structures, such as
drainage and closure devices, which are constructed and
operated in accordance with sound engineering practices.
Lowest Floor -- Any floor used for living purposes, storage,
or recreation. This includes any floor that could be
converted to such a use.
Manufactured Home -- A structure that is transportable in
one or more sections, built on a permanent chassis, and
designed to be used with or without a permanent foundation
when connected to the required utilities. This does not
include "recreational vehicles".
Manufactured Horne Park or Subdivision -- A parcel or
contiguous parcels of land divided into two or more
manufactured home lots for rent or sale.
Mean Sea Level -- The National Geodetic Vertical Datum
(NGVD) of 1929 or other datum to which base flood elevations
are referenced.
New Construction -- Structures for which construction,
substantial improvement, or alteration commences on or after
the effective date of these regulations.
Official Floodplain Maps --
and Flood Boundary/Floodway
City of Kalispell, dated
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The Flood Insurance Rate Maps
Maps provided by FEMA for the
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Permit Issuing Authority -- City of Kalispell, State of
Montana.
Recreational Vehicle -- A vehicle which is (1) built on a
single chassis; (2) 400 square feet or less when measured at
the largest horizontal projections; (3) designed to be self-
propelled or permanently towable by a light duty truck; and
(4) designed primarily for use as temporary living quarters
for recreation, camping, travel, or seasonal use, not for
use as a permanent dwelling.
Riprrap -- Stone, rocks, concrete blocks, or analogous
material that is placed along the banks or bed of a stream
to alleviate erosion.
Start of Construction -- Commencement of clearing, grading,
filling, or excavating to prepare a site for construction.
Structure -- A walled and roofed building, manufactured
home, a gas or liquid storage tank, bridge, culvert, dam,
diversion, wall, revetment, dike, or other projection that
may impede, retard, or alter the pattern of flow of water.
Substantial Damage -- Damage sustained by a structure where
the cost of restoring the structure to its condition before
damage would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
Substantial Improvement -- Any repair, reconstruction, or
improvement of a structure, the cost of which equals or
exceeds fifty percent (50%) of the market value of the
structure either:
(a) before the improvement or repair is started, or
(b) 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
construction to any wall, ceiling, floor, or other
structural part of the building commences. The
term does not include:
(i) 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 living conditions,
or
(ii) any alteration of a structure listed on the
national register of historic places or state
inventory of historic places.
Suitable Fill -- Fill material which is stable, compacted,
well graded, pervious, generally unaffected by water and
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tree stumps or other organic material, and is fitting for
the purpose of supporting the intended use and/or permanent
structure.
Variance -- A grant of relief from the requirements of this
Ordinance that would permit construction in a manner
otherwise prohibited by this Ordinance.
Violation -- The failure of a structure or other development
to be fully compliant with this Ordinance. A structure or
other development without elevation certificate,
certification by a licensed engineer or architect of
F compliance with this Ordinance, or other evidence of
compliance is presumed to be in violation until such time as
documentation is provided.
100-Year Flood -- A flood having a one percent (1%) chance
of being equalled or exceeded in any given year. A 100-year
flood has nearly a 23 percent chance of occurring in a 25-
year period. A 100-year flood is the same as a base flood.
CHAPTER III
GENERAL PROVISIONS
3.01. JURISDICTIONAL AREA
This Ordinance shall apply to all lands within the
jurisdiction of the City of Kalispell, State of Montana,
shown on the Official Floodplain Maps as being located
within a 100-year floodplain district.
3.02. FLOODPLAIN DISTRICT ESTABLISHMENT
The floodplain districts established are defined by the
base flood elevations and 100-year floodplains as delineated
in the Flood Insurance Study. The basis for the Flood
Insurance Study is a scientific and engineering report
entitled, "The Flood Insurance Study for Kalispell,
Montana", dated March, 1980, with accompanying Flood
Insurance Rate Maps and Flood Boundary/ F loodway Maps. The
Official Floodplain Maps and Study are on file in the office
of the Floodplain Administrator.
3.03. FLOODPLAIN ADMINISTRATOR
The City of Kalispell Floodplain Administrator has been
designated to be the Building Official. The
responsibilities of this position are outlined in Chapter IV
of this Ordinance.
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frost, devoid of trash or similar foreign matter, devoid of
tree stumps or other organic material, and is fitting for
the purpose of supporting the intended use and/or permanent
structure.
Variance -- A grant of relief from the requirements of
this Ordinance that would permit construction in a manner
otherwise prohibited by this Ordinance.
Violation -- The failure of a structure or other development
to be fully compliant with this Ordinance. A structure or
other development without elevation certificate,
certification by a licensed engineer or architect of
compliance with this Ordinance, or other evidence of
compliance is presumed to be in violation until such time as
documentation is provided.
100-Year Flood -- A flood having a one percent (1%) chance
of being equalled or exceeded in any given year. A 100-year
flood has nearly a 23 percent chance of occurring in a 25-
year period. A 100-year flood is the same as a base flood.
CHAPTER III
GENERAL PROVISIONS
3.01. JURISDICTIONAL AREA
This Ordinance shall apply to all lands within the
jurisdiction of the City of Kalispell, State of Montana,
shown on the Official Floodplain Maps as being located
within a 100-year floodplain district.
3.02. FLOODPLAIN DISTRICT ESTABLISHMENT
The floodplain districts established are defined by the
base flood elevations and 100-year floodplains as delineated
in the Flood Insurance Study. The basis for the Flood
Insurance Study is a scientific and engineering report
entitled, "The Flood Insurance Study for Kalispell,
Montana", dated , with accompanying Flood
Insurance Rate Maps and Flood Boundary/ F loodway Maps. The
Official Floodplain Maps and Study are on file in the office
of the Floodplain Administrator.
3.03. FLOODPLAIN ADMINISTRATOR
The City of Kalispell Floodplain Administrator has been
designated to be the Building Official. The
responsibilities of this position are outlined in Chapter IV
of this Ordinance.
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3.04. RULES FOR INTERPRETATION OF FLOODPLAIN DISTRICT BOUNDARIES
The boundaries of the 100-year floodway shall be determined
by scaling distances on the official floodplain maps and
using the floodway data table contained in the flood
insurance study report. The maps may be used as a guide for
determining the 100-year floodplain boundary, but the exact
location of the floodplain boundary shall be determined
where the base flood elevation intersects the natural
ground. For unnumbered A Zones and AO Zone floodplains,
where there is a conflict between a mapped floodplain
boundary and actual field conditions, the Floodplain
t Administrator may interpret the location of the 100-year
floodplain boundary based on field conditions or available
historical flood information.
3.05. COMPLIANCE
No structure or land use shall be located, extended,
converted, or structurally altered without full compliance
with the provisions of this Ordinance and other applicable
regulations. This Ordinance meets the minimum floodplain
development requirements as set forth by the Montana Board
of Natural Resources and Conservation and the National Flood
Insurance Program.
3.06. ABROGATION AND GREATER RESPONSIBILITY
It is not intended by this Ordinance to repeal, abrogate,
or impair any existing easements, covenants, deed
restrictions, or underlying zoning. However, where this
Ordinance imposes greater restrictions, the provisions of
this Ordinance shall prevail.
3.07. REGULATION INTERPRETATION
The interpretation and application of the provisions of
this Ordinance shall be considered minimum requirements and
liberally construed in favor of the governing body and not
deemed a limitation or repeal of any other powers granted by
State statute.
3.08. WARNING AND DISCLAIMER OF LIABILITY
This Ordinance does not imply that areas outside the
delineated floodplain boundaries or permitted land uses will
always be totally free from flooding or flood damages.
This Ordinance shall not create a liability or cause of
action against the City of Kalispell, or any officer or
employee thereof for flood damages that may result from
reliance upon this Ordinance.
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3.09. 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.
3.10. DISCLOSURE PROVISION
All owners of property in an identified 100-year floodplain
as indicated on the Official Floodplain Maps must notify
potential buyers or their agents that such property is
r subject to the provisions of this Ordinance.
CHAPTER IV
ADMINISTRATION
4.01. ADMINISTRATION
A. As provided in Section 3.03 of this Ordinance, the
Floodplain Administrator has been designated by the City of
Kalispell, and has the responsibility of such position as
outlined in this Ordinance.
B. The Floodplain Administrator is hereby appointed with the
authority to review floodplain development permit
applications, proposed uses, and construction to determine
compliance with this Ordinance. The Floodplain
Administrator is required to assure all necessary permits
have been received from those governmental agencies from
which approval is required by federal and state law and
local codes, including Section 404 of the Federal Water
Pollution Control Act of 1972, 33 U.S.C. 1334, and under the
provisions of the Natural Streambed and Land Preservation
Act.
1. Additional Factors -- Floodplain development permits
shall be granted on the basis of whether the proposed
establishment, alteration, or substantial improvement
of an artificial obstruction meets the requirements of
this Ordinance. Additional factors that shall be
considered for every permit application are:
a. the danger to life and property due to increased
flood heights, increased flood water velocities,
or alterations in the pattern of flood flow caused
by encroachments;
b. the danger that materials may be swept onto other
lands or downstream to the injury of others;
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c. the proposed water supply and sanitation systems
and the ability of these systems to prevent
disease, contamination, and unsanitary conditions;
d. the susceptibility of the proposed facility and
its contents to flood damage and the effects of
such damage on the individual owner;
e. the importance of the services provided by the
facility to the community;
f. the requirement of the facility for a waterfront
location;
g. the availability of alternative locations not
subject to flooding for the proposed use;
h. the compatibility of the proposed use with
existing development and anticipated development
in the foreseeable future;
i. the relationship of the proposed use to the
comprehensive plan and floodplain management
program for the area;
j. the safety of access to property in times of
flooding for ordinary and emergency services; and
k. such other factors as are in harmony with the
purposes of these regulations, the Montana
Floodplain and Floodway Management Act, and the
National Flood Insurance Program.
C. A floodplain development permit application is considered to
have been automatically granted 60 days after the date of
receipt of the application by the Floodplain Administrator
unless the applicant has been notified that the permit is
denied, conditionally approved, or additional information
pertinent to the permit review process is required.
D. The Floodplain Administrator shall adopt such administrative
procedures as may be necessary to efficiently administer the
provision of this Ordinance.
E. The Floodplain Administrator shall maintain such files and
records as may be necessary to document nonconforming uses,
base flood elevations, floodproofing and elevation
certifications, fee receipts, the issuance of permits,
agenda, minutes, records of public meetings, and any other
matters related to floodplain management in Kalispell. Such
files and records shall be open for public inspection. In
matters of litigation, the City Attorney may restrict access
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to specific records.
F. The Floodplain Administrator may require whatever additional
information is necessary to determine whether the proposed
activity meets the requirements of this ordinance.
Additional information may include hydraulic calculations
assessing the impact on base flood elevations or velocities;
level survey; or certification by a registered land
surveyor, professional engineer, or licensed architect that
the requirements of this Ordinance are satisfied.
G. Upon receipt of an application for a permit or variance, the
Floodplain Administrator shall prepare a notice containing
the facts pertinent to the application and shall publish the
notice at least once in a newspaper of general circulation
in the area. Notice shall also be served by first-class
mail upon adjacent property owners and the DNRC Floodplain
Management Section. The notice shall provide a reasonable
period of time, not less than 15 days, for interested
parties to submit comments on the proposed activity.
H. Copies of all permits granted must be sent to the Department
of Natural Resources and Conservation in Helena, Montana.
I. In riverine situations, notification by the Floodplain
Administrator must be made to adjacent communities, the
Floodplain Management Section (DNRC), and FEMA prior to any
alteration or relocation of a stream. The flood -carrying
capacity within the altered or relocated portion of any
stream must be maintained. Erosion control measures shall
be incorporated to ensure stability of altered channels and
stream banks.
4.02. PERMIT APPLICATIONS
A. Activities or uses that require the issuance of a permit,
including the expansion or alteration of such uses, shall
not be initiated, established, or undertaken until a permit
has been issued by the Floodplain Administrator.
B. Permit applicants shall be required to furnish the following
information as deemed necessary by the Floodplain
Administrator for determining, the suitability of the
particular site for the proposed use.
1. Plans in duplicate drawn to scale (including
dimensions) showing the nature, location, and elevation
of the lot; existing and proposed structure locations;
fill, storage, or materials site; flood -proofing
measures; mean sea level elevation of first floor of
proposed structures; and location of„the channel.
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2. A plan view of the proposed development indicating
external dimensions of structures, street or road
finished grade elevations, well locations, individual
sewage treatment and disposal sites, excavation and/or
fill quantity estimates, and site plan and/or
construction plans.
3.
Specifications for flood -proofing, filling, excavating,
grading, riprapping, storage of materials, and location
of utilities.
4.
A professional engineer's or registered architect's
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design calculations and certification that the proposed
activity has been designed to be in compliance with
these regulations.
5.
Certification of flood -proofing and/or elevation shall
be provided on a standard form available from the
Floodplain Administrator.
C. To determine that the permit specifications and conditions
have
been completed, applicants who have received permits
are
required to furnish the following.at the time of an on -
site
conformance inspection.
1. Certification by a registered professional engineer or
licensed land surveyor of the actual mean sea level
elevation of the lowest floor (including basement) of
all new, altered, or substantially improved buildings.
2. If flood -proofing techniques were used for buildings,
the mean sea level elevation to which the flood
proofing was accomplished must be certified by a
structural engineer or licensed architect in the same
manner.
3. Certification shall also be required, for artificial
obstructions other than buildings, that the activity
was accomplished in accordance with this Ordinance and
the design plans submitted with the application for
the permit activity. This certification may be waived
by the Floodplain Administrator if it can be clearly
ascertained by a site inspection that the activity was
accomplished in accordance with this Ordinance.
4. Certification of flood -proofing and/or elevation shall
be provided on a standard form available form the
Floodplain Administrator.
4.03. EMERGENCY WAIVER
A. Emergency repair and replacement of severely damaged public
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transportation facilities, public water and sewer
facilities, and flood control works may be authorized.
Floodplain development permit requirements may be waived if:
1. Upon notification and prior to the emergency repair
and/or replacement, the Floodplain Administrator
determines that an emergency condition exists
warranting immediate action; and
2. The Floodplain Administrator agrees upon the nature and
type of proposed emergency repair and/or replacement.
B. Authorization to undertake emergency repair and replacement
work may be given verbally if the Floodplain Administrator
feels that such a written authorization would unduly delay
the emergency works. Such verbal authorization must be
followed by a written authorization describing the emergency
condition, and the type of emergency work agreed upon, and
stating that a verbal authorization had been previously
given.
4.04. REVIEW -VARIANCES -APPEALS
A. There is hereby created a local Floodplain Management Board
of Adjustment, the membership, administration, and rules of
procedure of which are identical to a zoning board of
adjustment.
B. The Board of Adjustment may, by variance, grant a permit
that is not in compliance with the minimum standards
contained in this ordinance according to the following
procedures:
1. Variances shall not be issued for areas within a
floodway if any additional increase in flood elevations
or velocities after allowable encroachments into the
floodway fringe would result;
2. Variances shall only be issued upon:
a. a showing of good and sufficient cause;
b. a determination that refusal of a permit due to
exceptional circumstances would cause a unique or
undue hardship on the applicant or community
involved;
C. a determination that the granting of a variance
will not result in increased flood hazards,
present additional threats to public safety, be an
extraordinary public expense, create nuisances,
cause fraud, victimize the public, or conflict
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with existing state and local laws;
d. a determination that the proposed use would be
adequately flood -proofed;
e. a determination that a reasonable alternate
location outside the floodplain is not available;
f. a determination that the variance requested is the
minimum necessary to afford relief, considering
the flood hazard; and
r g. approval of the Montana Department of Natural
Resources and Conservation, upon request from the
Permit Issuing Authority, prior to formally
approving any permit application that is in
variance to this Ordinance.
3. Variances shall be issued in writing from the Permit
Issuing Authority and shall notify the applicant that:
a. a specific variance is granted, and certain
conditions may be attached;
b. the issuance of a variance to construct a building
below the 100-year floodplain elevation will
result in increased premium rates; and
C. such construction below the 100-year flood
elevation increases risks to life and property.
The Floodplain Administrator shall maintain
records of the variance notification and actions,
including justification for their issuance, and
forward copies of all variance actions to the
Montana Department of Natural Resources and
Conservation and the Federal Emergency Management
Agency.
C. Appeal of any decision of the Permit Issuing Authority, its
officers, or agencies may be taken by an aggrieved person or
persons, jointly or separately, to a court of record.
4.05. FEES
A processing fee of $100 shall be submitted with each permit
application.
4.06. VIOLATION NOTICE
The Floodplain Administrator shall bring any violation of
this Ordinance to the attention of the local governing
body; its legal counsel; and the Montana Department of
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Natural Resources and Conservation.
4.07. COMPLIANCE
Any use, arrangement, or construction not in compliance as
authorized by permit, shall be deemed a violation of this
Ordinance and punishable as provided in Section 4.08. An
applicant is required to submit certification by a
registered professional engineer, architect, land surveyor,
or other qualified person designated by the Floodplain
Administrator that finished fill and lowest building floor
elevations, flood proofing, hydraulic design, or other flood
protection measures were accomplished in compliance with
this Ordinance.
4.08. PENALTIES
Violation of the provisions of this ordinance or failure to
comply with any of the requirements (including violations of
conditions and safe -guards established in connection with
variances), shall constitute a misdemeanor. Any person who
knowingly, purposely or negligently violates this Ordinance
or fails to comply with any of its requirements or
conditions of a variance granted hereunder shall, upon
conviction thereof, be punished according to Section 1-9,
Kalispell City Code. Each day such violation continues
shall be considered a separate offense. Nothing herein
contained shall prevent the City of Kalispell from taking
such other lawful action as is necessary to prevent or
remedy any violation.
4.09. EMERGENCY PREPAREDNESS PLANNING
In formulating community development
shall consider the development of
residents of all manufactured home
located within flood prone areas.
developed, filed with, and approved b
CHAPTER V
SPECIFIC STANDARDS
5.01. APPLICATIONS
y
The minimum floodplain development standards listed in this
chapter apply to the floodway and floodway fringe portions
of the 100-year floodplain as delineated on the Flood Hazard
Area Maps.
5.02. FLOODWAY
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A. Uses Allowed Without Permits. The following open -space uses
shall be allowed without a permit within the floodway,
provided that such uses conform to the provisions of Chapter
VII of this Ordinance; are not prohibited by any other
ordinance, resolution, or statute; and do not require fill,
excavation, permanent storage of materials, or equipment or
structures other than portable structures:
1. Agricultural uses;
2. Accessory uses such as loading and parking areas, or
emergency landing strips associated with industrial and
commercial facilities;
3. Private and public recreational uses such as golf
courses, driving ranges, archery ranges, picnic
grounds, boat -launching ramps, parks, wildlife
management and natural areas, game farms, fish
hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and hiking or
horseback riding trails;
4. Forestry, including processing of forest products with
portable equipment;
5. Residential uses such as lawns, gardens, parking areas,
and play areas;
6. Irrigation and livestock supply wells, provided that
they are located at least 500 feet from domestic water
supply wells;
7. Fences, except permanent fences crossing channels; and
8. Recreational vehicles provided that they be on the
site for fewer than 180 consecutive days, or be fully
licensed and ready for highway use. A. recreational
vehicle is ready for highway use if it is on its wheels
or jacking system with wheels intact, is attached to
the site only by quick disconnect type utilities and
security devices, and has no permanently attached
additions.
B. Uses Reguiring Permits. The following artificial
obstructions may be permitted in the floodway subject to the
issuance of a permit by the Floodplain Administrator:
1. Excavation of material from pits and pools provided
that:
a. a buffer strip of undisturbed land is left between
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the edge of the channel and the edge of the
excavation. This buffer strip must be of
sufficient width to prevent flood flows from
channeling into the excavation;
b. the excavation meets all applicable laws and
regulations of other local and state agencies; and
C. excavated material is disposed of or stockpiled
outside the floodway.
2. Railroad, highway, and street stream crossings provided
the crossings are designed to offer minimal obstruction
to flood flow. Stream crossings shall not increase the
elevation of the 100-year flood more than one-half foot
nor cause a significant increase in flood velocities.
3. Limited filling for highway, street, and railroad
embankments not associated with stream crossings,
provided that:
a. reasonable alternate transportation routes outside
the designated floodway are not available; and
b. such floodway encroachment is located as far from
the stream channel as possible and shall not
result in a cumulative increase in base flood
elevations, after allowable encroachments into the
floodway fringe, exceeding one-half foot.
4. Buried or suspended utility transmission lines,
provided that:
a. suspended utility transmission lines are designed
so the lowest point of the suspended line is at
least 6 feet higher than the base flood elevation;
b. towers and other appurtenant structures are
designed and placed to withstand and minimally
obstruct flood flows; and
c... utility transmission lines carrying toxic or
flammable materials are buried to a depth of at
least twice the calculated maximum depth of scour
for a 100-year flood. The maximum depth of scour
shall be determined by hydraulic engineering
methods acceptable to the Floodplain
Administrator.
5. Storage of materials and equipment, provided that:
a. the material or equipment is not subject to major
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damage by flooding and is properly anchored to
prevent flotation or downstream movement; or
b. the material or equipment is readily movable
within the limited time available after flood
warning. Storage of flammable, toxic, hazardous,
or explosive materials shall not be permitted.
6. Domestic water supply wells, provided that:
a. they are driven or drilled wells located on ground
higher than the surrounding ground to assure
positive drainage from the well;
b. well casings are water tight to a distance of at
least 25 feet below the ground surface;
C. water supply and electrical lines have a
watertight seal where the lines enter the casing;
d. all pumps, electrical lines, and equipment are
either submersible or adequately flood -proofed;
and
e. check valves are installed on main water lines at
wells and at all building entry locations.
7. Buried and sealed vaults for sewage disposal in
recreational areas, provided they meet applicable laws
and standards administered by the Montana Department of
Health and Environmental Sciences.
8. Public or private campgrounds, provided that:
a. access roads require only limited fill and do not
obstruct or divert flood waters; and
b. recreational vehicles and travel trailers are
licensed and ready for highway use. They are
ready for highway use if on wheels or jacking
system with wheels intact, are attached to the
site with only quick disconnect type utilities and
securing devices, and have no permanently
attached additions.
9. Structures accessory to the uses permitted in this
section such as boat docks, marinas, sheds, picnic
shelters, tables, and toilets provided that:
a. the structures are not intended for human
habitation;
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potential;
C. the structures will, insofar as possible, be
located on ground higher than the surrounding
ground and as far from the channel as possible;
d. the flood -proofing standards of Chapter VII are
met; and
e. the structures will be constructed and placed so
as to offer minimal obstruction to flood flows and
are anchored to prevent flotation.
10. Substantial improvements to any structure provided that
the provisions of Section 5.03-B.3, 5.03-B.4, or 5.03-
13.5 of this Ordinance are met. In the floodway the
structure must be floodproofed or elevated on a
permanent foundation rather than on fill.
11. All other artificial obstructions, substantial
improvements, or non -conforming uses not specifically
listed or prohibited by this Ordinance.
C. Permits for Flood Control Works. Flood control works shall
be allowed within floodways subject to the issuance of a
permit by the Floodplain Administrator with the following
conditions:
1. Levees and floodwalls are permitted if:
a. the proposed levee or floodwall is designed and
constructed to safely convey a 100-year flood; and
b. the cumulative effect of the levee or floodwall
combined with allowable floodway fringe
encroachments does not increase the unobstructed
base flood elevation more than 0.5 foot. The
Floodplain Administrator may establish either a
lower or higher permissible increase in the base
flood elevation for individual levee projects only
with concurrence from the Montana Department of
Natural Resources and Conservation and the Federal
Emergency Management Agency based upon
consideration of the following criteria:
1) the estimated cumulative effect of any
anticipated future permissible uses; and
2) the type and amount of existing flood -prone
development in the affected area.
C. the proposed levee or floodwall, except those to
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c. the proposed levee or floodwall, except those to
protect agricultural land, are constructed at
least 3 feet higher than the base flood elevation.
2. Riprap, except that which is hand -placed, if:
a. the riprap is designed to withstand a 100--year
flood;
b. the riprap does not increase the base flood
elevation; and
C. the riprap will not increase erosion upstream,
downstream, or adjacent to the riprap site.
3. Channelization projects if they do not significantly
increase the magnitude, velocity, or base flood
elevation in the proximity of the project.
4. Dams, provided that:
a. they are designed and constructed in accordance
with the Montana Dam Safety Act and applicable
safety standards; and
b. they will not increase flood hazards downstream,
either through operational procedures or improper
hydrologic/hydraulic design.
D. Permits for Water Diversions. Permits for the establishment
of a water diversion or change in place of diversion shall
not be issued if, in the judgment of the Floodplain
Administrator:
I. the proposed diversion will significantly increase the
upstream base flood elevation to the detriment of
neighboring property;
2. the proposed diversion is not designed and constructed
to minimize potential erosion from a 100-year flood;
and
3. any permanent diversion structure crossing the full
width of the stream channel is not designed and
constructed to safely withstand a 100-year flood.
E. Prohibited Uses. The following artificial obstructions and
non -conforming uses are prohibited within the floodway:
1. New construction of any residential, commercial, or
industrial structure;
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2. Encroachments including fill, new construction,
alterations, substantial improvements, and other
development within the adopted regulatory floodway that
would result in erosion of the embankment, obstruction
of the natural flow of waters, or increase in flood
levels within the community during the occurrence of
the 100-year flood;
3. The construction or permanent storage of an object
subject to flotation or movement during flooding;
4. Solid and hazardous waste disposal, sewage treatment,
and sewage disposal systems;
5. Storage of toxic, flammable, hazardous, or explosive
materials; and
6. Alterations of structures unless it can be shown the
alteration won't raise flood heights;
7. Manufactured homes.
5.03. FLOODWAY FRINGE
A. Uses Allowed Without Permits. All uses allowed in the
floodway, according to the provisions of Section 5.02 A of
this Ordinance, shall also be allowed without a permit in
the floodway fringe. In addition, individual or multiple
family subsurface sewage disposal systems are allowed only
when they are ' reviewed and approved under laws and
regulations administered by the Department of Health and
Environmental Sciences or the local health board.
B. Uses Reguiring Permits. All uses allowed in the floodway
subject to the issuance of a permit, according to the
provisions of Section 5.02 B, C, and D of this Ordinance,
shall also be allowed by permit within the floodway fringe.
In addition, new construction, substantial improvements, and
alterations to structures are allowed by permit. This
includes but is not limited to residential, commercial, and
industrial construction and suitable fill to be allowed by
permit from the. Floodplain Administrator, subject to the
following conditions:
1. Such structures or fill must not be prohibited by any
other statute, regulation, ordinance, or resolution;
2. Such structures or fill must be compatible with local
comprehensive plans;
3. The new construction, alterations, and substantial
improvements of residential structures including
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manufactured homes must be constructed on suitable fill
such that the lowest floor elevation (including
basement) is two feet or more above the base flood
elevation. The suitable fill shall be at an elevation
no lower than the base flood elevation and shall extend
for at least fifteen feet, at that elevation, beyond
the structure(s) in all directions;
4. The new construction, alteration, and substantial
improvement of commercial and industrial structures can
be constructed on suitable fill as specified in Section
5.03-B.3 of this Ordinance. If not constructed on
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fill, commercial and industrial structures must be
adequately flood -proofed to an elevation no lower than
two feet above the base flood elevation. Flood -
proofing must be certified by a registered professional
engineer or architect that the flood -proofing methods
are adequate to withstand the flood depths,
hydrodynamic and hydrostatic pressures, velocities,
impact, buoyancy, and uplift forces associated with the
100-year flood.
a. If the structure is designed to allow internal
flooding of areas below the lowest floor, use of
this space shall be limited to parking, loading
areas, building access, and storage of equipment
or materials not appreciably affected by flood
waters. The floors and walls shall be designed
and constructed of materials resistant to flooding
to an elevation no lower than two feet above the
base flood elevation. Walls shall be designed to
automatically equalize hydrostatic forces by
allowing for entry and exit of floodwaters.
openings may be equipped with screens, louvres,
valves, other coverings, or devices which permit
the automatic entry and exit of floodwaters.
b. Structures whose lowest floors are used for a
purpose other than parking, loading, or storage of
materials resistant to flooding shall be flood -
proofed to an elevation no lower than two feet
above the base flood elevation. Flood -proofing
shall include impermeable membranes or materials
for floors and walls and watertight enclosures for
all windows, doors, and other openings. These
structures shall also be designed to withstand the
hydrostatic, hydrodynamic, and buoyancy effects of
a 100-year flood.
C. Flood -proofing of electrical, heating, and
plumbing systems shall be accomplished in
accordance with Chapter VII of this ordinance.
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5. All manufactured homes placed in the floodway fringe
must have the chassis securely anchored to a foundation
system that will resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are
not limited to, over -the -top or frame ties to ground
anchors. The following conditions also apply;
a. When a manufactured home is 1) altered, 2)
replaced because of substantial damage as a result
of a flood, or 3) replaced on an individual site,
the lowest floor must be elevated two feet above
the base flood elevation. The home can be
elevated on fill or raised on a permanent
foundation of reinforced concrete, reinforced
mortared block, reinforced piers, or other
foundation elements of at least equivalent
strength.
b. Replacement or substantial improvement of
manufactured homes in an existing manufactured
home park or subdivision must be raised on a
permanent foundation. The lowest floor must be
two feet above the base flood elevation. The
foundation must consist of reinforced concrete,
reinforced mortared block, reinforced piers, or
other foundation elements of at least equivalent
strength.
C. Manufactured homes proposed for use as commercial
or industrial structures must be elevated and
anchored, rather than flood -proofed;
6. Fill material placed in the floodway fringe must be
stable, compacted, well graded, pervious, generally
unaffected by water and frost, devoid of trash or
similar foreign matter, devoid of tree stumps or other
organic material, and appropriate for the purpose of
supporting the intended use and/or permanent structure.
7. Roads, streets, highways, and rail lines shall be
designed to minimize increase in flood heights. Where
failure or interruption of transportation facilities
would result in danger to the public health or safety,
the facility shall be located two feet above the base
flood elevation;
B. Agricultural structures that have a low damage
potential, such as sheds, barns, shelters, and hay or
grain storage structures must be adequately anchored to
prevent flotation or collapse and all electrical
facilities shall be placed above the base flood
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9. Recreational vehicles, if they are on the site for more
than 180 consecutive days or are not ready for highway
use, must meet the elevating requirements of Section
5.03-B.3.
C. Prohibited Uses. The following artificial obstructions and
non -conforming uses are prohibited within the floodway
fringe:
1. Solid and hazardous waste disposal; and
2. Storage of highly toxic, flammable, hazardous, or
explosive materials. Storage of petroleum products may
be allowed by permit if stored on compacted fill at
least two feet above the base flood elevation and
anchored to a permanent foundation to prevent
downstream movement.
5.04. FLOODPLAIN AREAS WITH FLOOD ELEVATIONS AND NO DELINEATED
FLOODWAY
A. A development proposed for a 100-year floodplain, where
water surface elevations are available but no floodway is
delineated, may not significantly increase flood velocities
or depths or generally alter patterns of flood flow. The
provisions of Section 5.03, Floodway Fringe, shall apply to
these areas. The Floodplain Administrator may require a
permit applicant to furnish additional hydraulic data before
acting on a permit application for such a floodplain. The
data may include, but are not limited to, any of the
following:
1. a hydraulic study documenting probable effect on
upstream, downstream, or adjacent property owners
caused by the proposed development; or
2. the calculated increase in the 100-year flood water
surface profile caused by the proposed development.
B. Permits for such proposed development may be modified or
denied if the additional information shows that the proposed
use would cause an additional flood hazard to adjacent
property or significantly increase flood heights. A
significant increase in flood heights is one-half foot
unless existing or anticipated development in the area
dictates a lesser amount of allowable increase.
5.05. SHALLOW FLOODING AO ZONES
A. Shallow flooding areas are delineated as AO Zone floodplains
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on the Flood Insurance Rate Maps. The provisions of Section
5.03, Floodway Fringe, of this Ordinance shall apply to any
AO Zone floodplains. The depth of the 100-year flood is
indicated as the depth number on the Flood Insurance Rate
Maps. The 100-year flood depth shall be referenced to the
highest adjacent grade or stream flow line in determining
which fill or flood -proofing heights to use in applying the
provisions of Section 5.03-B.3 and Section 5.03-B.4 of this
Ordinance. In the absence of depth or elevation
information, a minimum 2 foot flood depth shall be used.
B. Floodplain Boundary Interpretation. The Floodplain
t Administrator shall make interpretations where needed as to
the exact location of an AO Zone floodplain boundary when
there is a conflict between a mapped boundary and actual
field conditions.
CHAPTER VI
GENERAL STANDARDS
6.01. APPLICATIONS
The minimum floodplain development standards listed in this
chapter apply to the 100-year floodplains delineated by
approximate methods and identified as unnumbered A Zones on
the Flood Insurance Rate Maps.
A. Uses Allowed Without Permits. All uses allowed in a
floodway, according to the provisions of Section 5.02-A of
this Ordinance, shall also be allowed without a permit in
unnumbered A -Zone floodplains.
B. Uses Requiring Permits. All uses allowed in the floodway
and floodway fringe subject to the issuance of a permit,
according to the provisions of Section 5.03-B, shall require
permits from the Floodplain Administrator for unnumbered A -
Zone floodplains. Also, the provisions of Section 5.03-B
apply to the A -Zone floodplains with no floodway delineated
or water surface profile computed. Since there are no 100-
year flood water surface profiles computed for A -Zone
floodplains, the following conditions also apply:
1. Elevation data on the 100-year flood shall be provided
for subdivision proposals according to the definitions
and rules of the Montana Sanitation in Subdivisions
Act, MCA 76-4 Part 1 and the rules adopted by DHES
under this Act. These data shall be used in applying
Sections 5.03-B.3, 5.03-B.4, and 5.03-B.5 of these
regulations. Subdivision proposals shall also provide
for adequate drainage to minimize potential flood
hazards.
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2. The Floodplain Administrator may obtain, review, and
reasonably use any base flood elevation and floodway
data available from federal, state, or other sources,
until such data have been provided by FEMA, to enforce
Section 5.03-B.3 and 5.03-B.4 of this Ordinance; and
3. The Floodplain Administrator may use historical flood
elevations to determine suitable fill or flood -proofing
elevations as required by Sections 5.03-B.3 and 5.03-
B.4 of this Ordinance;
r 4. If historical flood evidence is not available, then the
Floodplain Administrator shall determine, from a field
review at the proposed development site, an appropriate
fill or flood -proofing elevation to use in applying
Sections 5.03-B.3 and 5.03-B.4 of this Ordinance. In
the absence of depth or elevation information, a
minimum two -foot flood depth shall be used; and
5. Proposed structures must be anchored to prevent
flotation or collapse and must be located as far from
stream channels as practicable.
C. Prohibited Uses. Those uses prohibited in the floodway
fringe, in accordance with Section 5.03-C of this Ordinance,
shall also be prohibited within the A -Zone floodplain
boundaries.
D. Floodplain Boundary Interpretation. The Floodplain
Administrator shall make interpretations where needed as to
the exact location of the unnumbered A -Zone floodplain
boundary when there is a conflict between a mapped boundary
and actual field conditions.
CHAPTER VII
FLOOD -PROOFING REQUIREMENTS
7.01. CERTIFICATION
If the following flood -proofing requirements are to be
applied to a proposed structure, as stipulated by the
Floodplain Administrator in accordance with this Ordinance,
the methods used must be certified as adequate by a
registered professional engineer or architect.
7.02. CONFORMANCE
Permitted flood -proof systems shall conform to the
conditions listed below --and the flood -proofing standards
listed in Section 5.03-B.4 of this Ordinance for commercial
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and industrial structures.
A. Electrical Systems
1.
All incoming power service equipment, including all
metering equipment,control centers, transformers,
distribution and lighting panels, and all other
stationary equipment must be located at least two feet
above the base flood elevation;
2.
Portable or movable electrical equipment may be placed
below the base flood elevation, if the equipment can be
disconnected by a single submersible plug -and -socket
assembly;
3.
The main power service line shall have automatic or
manually operated electrical disconnect equipment
located at an accessible location outside the 100-year
floodplain and above the base flood elevation; and
4.
All electrical wiring systems installed at or below the
elevation of the 100-year flood shall be suitable for
continuous submergence and may not contain fibrous
components.
B. Heating Systems
1. Float operated automatic control valves must be
installed in gas furnace supply lines so that the fuel
supply is automatically shut off when flood waters
reach the floor level where the furnace is located;
2. Manually operated gate valves must be installed in gas
supply lines. The gate valves must be operable from a
location above the elevation of the 100-year flood.
3. Electric heating systems must be installed in
accordance with the provisions of Section 7.02-A.
C. Plumbing Systems
1. Sewer lines, except those to be buried and sealed in
vaults, must have check valves installed to prevent
sewage backup into permitted structures; and
2. All toilet stools, sinks, urinals, and drains must be
located so the lowest point of possible water entry is
at least two feet above the elevation of the 100-year
flood.
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SECTION II. This Ordinance is effective thirty'(30) days after
its final passage and adoption hereof.
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PASSED AND APPROVED BY THE CITY'COUN IL AND MAYOR OF THE CITY OF
KALISPELL THIS``` DAY OF , 1991.
ATTEST:
y H. Robertson
Finance Director
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