2. Ordinance 1724 - Floodplain Ordinance Update - 2nd ReadingPLANNING FOR THE FARE
REPORT TO:
WX$151
SUBJECT
MEETING DATE:
M01ff"A
Doug Russell, City Manager�,�
PJ Sorensen, Kalispell Planning Dept
Planning Department
241 V Avenue East
Kalispell, MT 59941
Phone: (406) 755-7940
Fax: (406) 755-7739
www.kalispell.com/vlanninp,
Floodplain ordinance Update and revised FIRM panels
June 3, 2013 (Second Reading)
BACKGROUND: The City of Kalispell last updated its floodplain ordinance in 2007 at the
same time that new digital floodplain maps were adopted. The maps (referred to as "panels"),
each show a particular area of the county. The City of Kalispell falls to one degree or another on
a total of 6 different panels.
Recently, FEMA conducted a study of the Evergreen area and issued several new panels. None
of the changes impact the city directly (see the attached map showing the limits of the changes,
which generally occur east of the Stillwater River in Evergreen). However, FEMA requires us to
adopt a new panel if our jurisdictional area falls on it. If we do not adopt it, we could be
suspended from the national flood insurance program. In this case, panels 1420, 1810, and 1830
for Flathead County were revised by incorporating the new Evergreen study. Portions of panels
1420 and 18 10 include the city, so we need to adopt the new panels. No portion of the city is on
panel 1830, so we do not need to adopt that particular one. In April, the County Commissioners
adopted the revised panels with the new study.
When the revised panels are adopted, FEMA also conducts a review of the text of our floodplain
ordinance. There were several minor updates that they are requiring us to adopt as well. The
updates are primarily definitional and better clarify existing federal standards which are reflected
in the ordinance. As a side note, the State of Montana DNRC is working on a new model
ordinance which should be ready later this year that we will need to adopt and will be brought to
the council for its consideration. In the meantime, we still need to male the FEMA-mandated
changes.
The amendment was approved on first reading at the May 20, 2013, City Council meeting by a
vote of 8-0.
RECOMMENDATION: A motion to approve the requested amendments.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the city.
Denial of the request would result in the city's removal from the flood program, which would
severely impact any federally -backed mortgages for homeowners and potential homeowners in
the city.
ALTERNATIVES: Deny the request, which would lead to a removal of the city from the
National_ Flood Insurance Program.
Respectfully submitted,
r�
PJ Sorensen
Kalispell Planning Dept
Report compiled: May 23, 2013
Attachments: FIRM panels 1420 and 1810
c: Theresa White, Kalispell City Clerk
ORDINANCE NO,1724
AN ORDINANCE AMENDING ORDINANCE NO,1611, CODIFIED AS CHAPTER 10A
KALISPELL CITY CODE, ADOPTING REVISED PANEL NUMBERS 1420 AND 1810
IN COMPLIANCE WITH M.C.A. 76-5-101 THROUGH 76-5-406 AND DECLARING AN
EFFECTIVE DATE,
WHEREAS, the flood hazard areas of the City of Kalispell are subject to periodic inundation,
which results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, and extraordinary public expenditures for
flood protection and relief, all of which adversely .affect the public health, safety
and general welfare; and
WHEREAS, these flood losses are created by the cumulative effect of obstructions in
floodpla.i.ns which cause an increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to floods and hazardous to
other lands because they are inadequately elevated, flood proofed or otherwise
protected from flood damage; and
WHEREAS, it is the purpose of this ordinance to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood -prone areas in such a manner as to minimize future
flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.;
and
WHEREAS, in order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of
floodwaters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to
other lands; and
WHEREAS, this Ordinance should be enacted in order to comply with the Montana Floodplain
and Floodway Management Act (Title 76, Chapter 5 MCA) and to ensure
compliance with the requirements for the continued participation by the City of
Kalispell in the National Flood Insurance Program. Land -use regulations which
are hereby adopted are to be applied to all identified 100-year floodplains within
the local jurisdiction; and
WHEREAS, municipalities have authority to adopt ordinances as provided for in Section 7-1-
41239 MCA to promote the general public health and welfare. Other authority for
municipalities and counties to adopt floodplain management regulations appears
in Section 76-5-101 through 406, MCA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I. The City of Kalispell Municipal Code codified at Chapter 10A of
the Code is hereby amended as set forth in Exhibit "A", attached
hereto and incorporated fully herein by this reference.
SECTION II. The City Attorney is hereby authorized and directed to recodify
these Ordinances.
SECTION III, This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 3RD DAY OF JUNE, 2013.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
EXHIBIT `"A"
Floodplain ordinance Amendments
Article 1 TITLE AND AUTHORITY
1 oA-1 Title.
These regulations shall be known and cited as the CITY OF KALISPELL FLOODPLAIN
ORDINANCE. These regulations are in accordance with and exercising the authority of laws of
the State of Montana, Chapter 5, Floodplain and Floodway Management, 76-5-101 through 76-5-
406, Montana Code Annotated 2003, and following the gul6cla. regulations of the Code of
Federal Regulations administered by the Federal Emergency Management Agency (FEMA).
Article 2 DEFWITIONS
ALTERATION: Any man --made change that changes a floodplain or watercourse,_ including, but
not limited to, e�f an addition to a structure that either increases its external dimensions or
increases its potential flood hazard.
FENCE: As used in this ordinance, fences shall include barbed wire, wood rail, and similar
fences that have a low impact to the flow of water and shall not include solid walls or permanent
fences crossing channels.
Historic Structure: Any structure that is : a Listed individually in the National Register of
Historic Places or preliminarily determined as meeting the requirements for individual listing on
the National Register; (b) Certified or preliminarily determined as contributing to the historical„
significance of a re lstered historic district; (}Individually listed on a_state invent of historic
places; or (d) Individually listed on a local inventory of historic places.
10A-5 Basis for Establishing the Areas of Special Flood Hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in
the current scientific and engineering report entitled, "The Flood Insurance Study for Flathead
County, Montana, and Incorporated Areas," dated June 18, 2013 , ,with the
most effective Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM
and/or FBFM) listed below . Permits are required for all proposed
construction and other development within special flood hazard areas.
*FIRM Map Number 30020C 1415G, effective date September 28, 2007
*FIRM Map Number 30029C 1420H, effective date June 18, 2013
*FIRM Map Number 30029C 1805G, effective date September 28, 2007
*FIRM Map Number 30029C 181 OH, map revised June 18, 2013
Z:\wp\ord\1724 amended Floodplain.doc
*FIRM Map Number 30029C 1815G, effective date September 28, 2007
*FIRM Mai Number 30029CI820G, effective date September 28, 2007
1OA_6 Rules for Interpretation of Floodplain 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 and stream profiles 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 Zone acid AO Zone floodplains,
where there is a conflict between a mapped floodplain boundary and actual field conditions, the
Floodplain Administrator may interpret the location of the 100--year floodplain boundary based
on field conditions or available historical flood information. Where the surveyed elevation
provides greater elevation information than the floodplain map and indicates that the
land/structure may be determined to be out of the floodplain, the homeowner/landowner needs to
advise the Floodplain Administrator and may submit a letter of map change (LOMC) to FEMA.
1OA-15 Duties and Responsibilities of the Floodplain Administrator.
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to,
the following:
1. When a reaulatory floodwav has been designated. the Floodplain Administrator .must
prohibit new construction, substantial improvements, or other, development (including
fill) within the regulatory floodway unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering ractices that
the proposed encroachment would not cause an increase in the base flood elevation.
J. Under the provisions of 44 CFR Chapter 1, Part 65.1 2, of the National Flood Insurance
Program regulations, a community may approve certain development in Zones A 1-30,
AE, All, on the community's FIRM Which increases the water surface elevation of the
base flood by more than zero (0.00) feet in a regulatory floodway one-half foot in a
special flood hazard area with no regulatory floodwav, provided that the community first
completes all of the provisions required by 44 CFR 65.12.
(renumber remainder of l 0A-15 accordingly)
IOA-26 Floodway Fringe.
B. Uses Requiring Permits: All uses allowed in the floodway subject to the issuance of a
permit according to the provisions of these regulations shall also be allowed by permit
within the designated floodway fringe. In addition, new construction, substantial
improvements, alterations to structures (including, but not limited to, residential,
2:\wp\ord\1724 amended Floodplain.doc
commercial, agricultural and industrial) and suitable fill shall be allowed subject to the
following conditions:
4. Non -Residential. The new construction, alteration, and substantial improvement
of commercial and industrial buildings must be constructed on suitable fill with a
permanent foundation such that the lowest floor elevation (including basement) is two
(2) or more feet above the BFE (Base Flood Elevation), or the building must be
adequately floodproofed to an elevation no lower than two (2) feet above the elevation
of the one hundred (100) year flood. Certification is required by a registered
professional engineer, architect, or other qualified person that floodproofing methods
are adequate to withstand the flood depths, hydrodynamic and hydrostatic pressures,
velocities, impact, buoyancy, and uplift forces associated with the one hundred (100)
year flood (Article 5).
5. If the building is designed to allow internal flooding of the lowest floor, use of the
lowest floor must be limited to parking, loading areas, and storage of equipment or
materials not appreciably affected by floodwaters. The floors and walls shall be
designed and constructed of materials resistant to flooding to an elevation no lower
than two (2) feet above the BFE. walls shall be designed to equalize hydrostatic forces
by allowing for entry and exit of floodwaters. Openings may be equipped with screens,
louvers, valves, and other coverings or devices which permit the automatic entry and
exit of floodwaters.
5. Buildings whose lowest floors are used for a purpose other than parking, loading,
or storage of materials resistant to flooding shall be waterproofed to an elevation no
lower than two (2) feet above the BFE. Floodproofing shall include impermeable
membranes or materials for floors and walls and watertight enclosures for all windows,
doors and other openings. These buildings shall be designed to withstand the
hydrostatic pressures and hydrodynamic forces resulting from the base flood.
7. Flood proofing of electrical, heating and plumbing systems shall be accomplished
in accordance with Article 6.
8. See Section 5.4(B)(10) for additional requirements relating to enclosures below
the lowest floor.
Z:\wp\ord/1724 amended Floodplain.doc
x a a°% �� F }Fx'% =�� } cx=�g "�} sP xx$ "� a�"% xem g
F 97a S x z E 1a� S• �a.� �^ 3
l I
— -+" b a3 s € s s Q s " n§
3 AR }
� I
gy 3�^ 15
ay% � � � � �= s a } �Bys }�" ��5� }•�A�. s�
s^� ysRa'� Fgaiu. -Tajo.'} .�€g}s D
}as 1 " a� s pass s;s ■ % a _ 8�a�}}o 1s} ` m
$aa� s�x'� ffi.oaaa .g3a }8 isa�� }
,a3ecji a ° °. 111 1 Es c }sf„1;1, a .4m, � o
3 x § € 3q$ • si 11! SR1 �e 1-4 yx a 1a Q, r � g ga
y s# a s 3}"Ta% spa s s } 3"Pgg g sR s i$ to
��""" S$i dgi 38 �• 8' 3s, a' as 4
'R_ F 5 '4 liia v $� R1 P 8^ 9 '' UI
AA
a $ $ Q s3 HitH=
a� d
1,
siboil
I � x� a � 8 a• c � � g �� �
w a s m aka
I
I
its ill
fill
`a� a r. s R sa e a 111 JAI
M % 3g �� # p�p t 5 }• } s} g .gg&'•2 9e aag� a p$q p$� P
yg{f�.
ES4
a i t as t Rn I Fill a
�a„==� ��� �gna � `� $ ��d�� �gom�o°s if
aa 323g �$ga$2 gW91 14? sse
sga E K g a Sn a
� _ Bw e �E � � § a 0 g
" i IR Safi 3 a gx S� S v a 0 s€ � s .
�
xn , € U s���$;� sffpi € !Ili O
Ill
uUN a ijj14a $ se �h i
a $� sus sg a
'�3 qpqp`�^ fi �g�93 Sa T�@ p m_a �� �25 E3 4mmg
S xa= ' y{ • 885 C�'n � 2 � Q�T 3 R Humg gggyy § $ Nils
x 111c x3 BL§ �' f 43 '$�m$�e.d�aRg ST $. S.� i 3B•�
- F Ha ul H. 99 2� _:: �'€whys' se,.�� .3� a z� i1G.-I Uffll ll
Mmum& FLOOD 11IOMMCE PRNRM M � is �� ��� • � all
oy a a' a � Oil
{ + a
o' m� �p�� � t � � tam• � � � � � �
m�
t I Bird ' 1111 111,1i1 p i t i �
y e gy4% p" g 6
a � � €
e ?g PIT,
fid a R•€ d Rill