Ordinance 962 - Adopts Flood Plain OrdinanceORDINANCE NO. 962
AN ORDINANCE TO ADOPT "THE CITY OF KALISPELL FLOODPLAIN ORDINANCE" TO
IMPLEMENT THE FLOODPLAIN AT') FLOODWAAY 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 RE-
QUIREMENTS ARE SET OUT; A FLOODWAY ADMINISTRATOR IS PROVIDED FOR AND
HIS DUTIES UNDER THE ORDINANCE ARE ESTABLISHED; VARIANCES ARE PRO-
VIDED 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 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 Kalis-
pell 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 areas of
Kalispell consistent with the 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 coordinating efforts of federal,
state and local management activities for 100-year
floodplain; and
3) Insuring the regulations and minimum standards adopted,
insofar as possible, balance the greatest public good
with the least private injury.
B. Specifically, it is the purpose of this Ordinance to:
1) Restrict or prohibit uses which are dangerous to health,
safety of property in times of flood, or cause in-
creased flood heights or velocities;
2) Require that uses vulnerable to floods, including pub-
lic facilities which serve such uses, be provided
with flood protection at the time of initial construc-
tion;
3) Develop and provide information to identify lands
which are unsuited for certain development purposes
because of flood hazards;
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t
greater restrictions, the provisions of this Ordinance
shall prevail. All other ordinances and resolutions incon-
sistent with this Ordinance are hereby repealed to the ex-
tent of the inconsistency only.
2.07. 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.
2.08. WARNING AND DISCLAIMER OF LIABILITY
This Ordinance does not imply that areas outside the flood -
plain boundaries or land uses permitted within such areas
will always be totally free from flooding or flood damages.
Nor shall this Ordinance create a liability on the part of,
or a cause of action against, The City of Kalispell or any
officer or employee thereof for any flood damages that may re-
sult for reliance upon this Ordinance.
2.09. SEVERABILITY
If any section, clause, provision, or portion of this Ordin-
ance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this Ordinance shall
not be affected thereby.
2.10. PROTECTION OF RESOURCES
' No provision of this Ordinance shall prevent the complete use,
development, or recovery of any mineral, forest, or agricul-
tural resource by the owner thereof.
2.11. DISCLOSURE
All property owners in a floodplain or floodway must notify
potential buyers or their agents that such property is lo-
cated within the floodplain or floodway and is subject to
regulation.
2.12. DEFINITIONS
teration
Any change or addition to an artificial obstruction that
either increases the size of the artificial obstruction or
increases its potential flood hazard. Maintenance of an
artificial obstruction is not an alteration. However, the
repair, reconstruction, or improvement of an artificial ob-
struction, the cost of which equals or exceeds fifty (50) per-
cent of the actual cash value of the artificial obstruction
either before the improvement is started, or if the artifi-
cial obstruction has been damaged and is being restored, be-
fore the damage occurred, is an alteration and not mainten-
ance.
Appeal
A request for a review of the Flood Plain Administrator's
interpretation of any provision of this Ordinance or a re-
quest for a variance.
Area of Shallow Flooding
An area depicted as an AO Zone on the FIRM. The base flood
depths range from one (1) to three (3). feet. A clearly de-
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fined channel does not exist; the path of flooding is unpre-
dictable and undeterminate; and, velocity may be evident.
Area of Special Flood Hazard
The land in the floodplain within a community subject to a
one percent (ls) or greater chance of flooding in any given
year. '
Artificial obstruction Development
Any obstruction which is not a natural obstruction and in-
cludes any dam, wall, riprap, embankment, levee, dike, pile,
abutment, projection, revetment, excavation, channel rectifi-.
cation., bridge, conduct, culvert, building, refuse, automo-
bile 'body, "#ig1, or either analogous structure or matter in,
-along; across, or' projecting -into -any floodplain or floodway
which may impede, retard or change the direction of the flow
of water, either in itself or by catching or collecting de-
bris carried by the water, or that is placed where the natural
:flow of the water would carry the same downstream to the dam-
age or determent of either life or property.
Base Flood
The flood having a one percent (1%) chance of being equalled
or exceeded in any given year.
Channel
The.geographical area within either the natural or artificial
banks of a watercourse or drainway.
Channelization Project I
The excavation and construction of an artificial channel for
the purpose of diverting the entire flow of a watercourse or
drainway from its established course.
Drainway
Any depression two (2) feet or more below the surrounding land
serving to give direction to a current of water less than nine
(9) months -of the year, having a bed and well-defined banks;
provided that in the event of doubt as to whether a depression
is a watercourse or drainway, it shall be presumed to be a
watercourse.
Establish
To construct, place, insert, or excavate.
Flood or Flooding
A general and temporary condition of partial or complete inun-
dation of normally dry land areas from. (1) the overflow of
inland waters and/or (2) the unusual and rapid accumulation I
or runoff of surface waters from any source.
Floodplain
The areas adjoining the watercourse or drainway which would
be covered by the flood water of a flood of one hundred (100)
year frequency.
Floodway
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface
elevation more than one-half (;) foot.
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Flood Fringe
That portion of the designated floodplain outside the limits
-. of a designated floodway.
Flood Insurance Rate Map (FIRM)
The official map on which the Federal Insurance Administra-
tion has provided flood profiles, as well as the Flood
Boundary - Floodway Map and the water surface elevation of
the base flood.
Lowest Floor Elevation
Any floor usable, or _could be _converted to a use, for living
purposes ,�cyr st+orag".
Mobile 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. It does not include recreational vehicles or tra-
vel trailers. Mobile homes are considered residential struc-
tures, for regulation purposes in this.Ordinance.
Natural Obstruction
Any rock, tree, gravel, or analogous natural matter that is
an obstruction and has been located within the floodplain or
floodway by a non -human cause.
New Construction
Structures for which the start of construction or substantial
improvement commences on or after the effective date of this
Ordinance.
Non -Conforming Use
A land use not in accordance with this Ordinance.
One Hundred (100) Year Flood
A flood magnitude expected to recur on the average of once
every one hundred (100) years, or a flood magnitude which has
a one percent (1%) chance of occurring in any given year.
Permit Issuing Authority
City of Kalispell, State of Montana.
Responsible Political Subdivision
City of Kalispell, State of Montana.
' Riprap
Stones, rocks, concrete blocks, or analogous material that is
placed along the banks or bed of a watercourse or drainway
for the purpose of alleviating erosion.
State of Construction
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of
slabs or footings or any work beyond the state of excavation.
Permanent construction does not include land preparation,
such as clearing, grading, and filling, nor does it include
the installation of streets, and/or walkways; nor does it in-
clude excavation for a basement, footings, piers or founda-
tions or the erection of temporary forms, nor does it include
the installation on the property of accessory buildings, such
as garages or sheds not occupied as dwelling units or not as
part of the main structure. For a structure (other than a
mobile home) without a basement or poured footings, the 'start
of construction' includes the first permanent framing or
assembly of the structure or any part thereof on its piling
or foundation. For mobile homes not within a mobile home
park or mobile home subdivision, 'start of construction' means
the affixing of the mobile home to its permanent site. For
mobile homes within mobile home parks or mobile home subdivi-
sion, 'start of construction' is the date on which the con-
struction of facilities for servicing the site on which the
.mobile -home ''is-.to-be.affixed _(including, at a minimum, the
construction of streets, either final site grading or the
pouring of concrete pads, and installation of utilities) is
completed.
Structure
A walled and roofed building, a mobile home, or a gas or
liquid storage tank, that is principally above ground.
Substantial Improvement
Any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value
of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored
before the damage occurred.
For the purposes of this definition 'substantial improvement,
is considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building com-
mences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, in-
clude either:
(1) 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
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of His-
toric Places.
Variance
A grant of relief from the requirements of this Ordinance
which permits construction in a manner that would otherwise
be prohibited by this Ordinance.
Watercourse
Any depression two (2) feet or more below the surrounding land
serving to give direction to a current of water at least nine
(9) months of the year, having a bed and well-defined banks;
provided that it shall, upon order of the Board of Natural
Resources, also include any particular depression which would
not otherwise be within the definition of watercourse.
f. 6 3
CHAPTER III
ESTABLISHMENT OF DISTRICTS
3.01. INTENT
It is the intent of this chapter to achieve the stated pur-
poses of this Ordinance through the establishment of districts
wherein land use is regulated in compliance with Montana's
Floodplain and Floodway Management Act, and the National Flood
Insurance Program.
3.02. DISTRICTS
For thepurposeof this ordinance, the following use districts
are hereby-establishedz
FP - Floodplain (Zone "A" or "AO" of the Flood Insurance Rate
Maps)
VFW Floodway (As delineated on the Floodway Maps)
FWF - Floodway Fringe (As delineated on the Floodway Maps)
3.03. BOUNDARIES
The boundaries of the districts established by this Ordinance
coincide with the delineations for the floodplains and flood -
ways. Floodplain Districts shall automatically convert to
the two district provisions of this Ordinance (Flood Fringe
District and Floodway District) upon adoption of floodway de-
lineations for the Floodplain District.
3.04. FLOODPLAIN
A. USES ALLOWEDWITHOUT PERMITS
All uses allowed in a floodway under Section 3.05(A) with-
out a permit shall also be allowed without a permit in
the floodplain for which no floodway is available.
B. USES REQUIRING PERMITS
All uses allowed within designated floodways subject to
the issuance of a permit shall also be allowed by permit
within any floodplain for which no floodway is available.
Such uses shall be subject to the conditions noted in
Section 4.01 of this Ordinance. In addition, new construc-
tion of, or substantial improvements to structures includ-
ing, but not limited to, residential, commercial, and in-
dustrial structures, and suitable fill, may be allowed
within any floodplain for which a floodway is not avail-
able subject to the issuance of a permit.
C. PROHIBITED USES
Prohibited uses within floodplains for which floodways
are not available shall be those uses, with the same ex-
ceptions, that are prohibited within floodway fringe
areas as provided in Section 3.06(C).
3.05. FW - FLOODWAY
A. USES ALLOWED WITHOUT PERMITS
The following open space uses shall be allowed without a
permit anywhere within the floodway, provided that such
uses conform to the provisions of Section 4.06 of this
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Ordinance, are not prohibited by any other ordinance or
statute, and do not require structures other than port-
able structures, fill, or permanent storage of materials
or equipment:
1) Agricultural uses: such as raising crops, dairying, '
horticultural and pasture.
2) Industrial -commercial uses, such as loading areas,
parking areas, and emergency landing strips;
3)
Private and public recreational uses, such as driv-
ing.,ranges, archery ranges, picnic grounds, boat
_
launching ramps., swimna.ngraareas, parks, wildlife
- management and natural areas, game farms, fish hat-
cheries, shooting preserves, target ranges, hunting
and fishing areas, and hiking and 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 five hundred (500) feet
from domestic water supply wells; and,
7)
Fences, except permanent fences crossing channels.
B. USES REQUIRING PERMITS
'
The
following nonconforming uses and artificial obstruc-
tions may be permitted within the floodway, subject to
the
issuance of a permit under the conditions set forth
in
this Section and Section 4.02:
1) Excavation of material from pits or pools, provided
that:
(a) A buffer strip of undisturbed land of sufficient
width to prevent flood flows from channeling in-
to the excavation is left between the edge of
the channel and the edge of the excavation;
(b) The excavation meets all applicable laws and
regulations of other local and state agencies;
and,
(c) Excavated material is stockpiled outside the
floodway.
2) Railroad, highway, and street stream crossings, pro-
vided that the crossings are designed to offer mini-
mal obstructions to the flood flow.
3) Limited filling for highway, street, and railroad
embankments not associated with stream crossings, pro-
vided that:
(a) Reasonable alternative transportation routes
outside the floodway are not available; and,
(b) Such floodway encroachment is located as far
from the stream.channel as possible.
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4) Buried or suspended utility transmission lines, pro-
vided that:
(a) Suspended utility transmission lines are de-
signed such that the lowest point of the sus-
pended line is at least twelve (12) feet higher
than the elevation of the flood of one -hundred
year frequency.
(b) Towers and other appurtenant structures are de-
signed and placed to withstand and offer mini-
mal obstruction to flood flows; and,
(c) -Utility transmission lines carrying toxic or
flammable materials are buried to a depth at
_ least twice the calculated maximum depth of
scour for a flood of one -hundred (100) year
frequency. The maximum depth of scour may be
determined from any of the accepted hydraulic
engineering methods, but the final calculated
figure shall be subject to approval.
5) Storage of materials and equipment, provided that:
(a) The material or equipment is not subject to ma-
jor damage by flooding and is properly anchored
at all times to prevent flotation or downstream
movement; or,
(b) The material or equipment is readily removable
within the limited time available after flood
warning. Storage of flammable, toxic, or explo-
sive materials shall not be permitted.
6) Domestic water supply wells, provided that:
(a) They are driven or drilled wells located on
ground higher than surrounding ground to assure
positive drainage from the well;
(b) Well casings are water tight to a distance of at
least twenty-five (25) feet below the ground sur-
face;
(c) Water supply and electrical lines have a water-
tight seal where the lines enter the casings;
(d) All pumps and electrical lines and equipment are
either of the submersible type or are 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 recre-
ational areas, provided that they meet applicable laws
and standards administered by the Department of Health
and Environmental Sciences and the Kalispell City -
County Health Department.
8) Public or private campgrounds provided that:
(a) Access roads require only limited fill and do not
obstruct or divert flood waters; and,
(b) No dwellings or permanent mobile homes are al-
lowed (camp trailers without wheels or towing
vehicles or other -wise not quickly movable are
considered permanent mobile homes).
9) Structures accessory to the uses permitted in this
subsection such as boat dock, marinas, sheds, per-
manent fences crossing channels, picnic shelters
and tables, and toilets, provided that:
(a) The structures are not intended for human habi-
tation;
(b) The structures will have a low flood damage po-
tential;
(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 structures will be constructed in accordance
with Section 4.03(A")14) and placed so as to
offer a minimal obstruction to flood flows;
(e) The structures will be firmly anchored to pre-
vent flotation; and,
(f) Service facilities within these structures,
such as electrical, heating, and plumbing facili-
ties, are flood proofed in accordance with Sec-
tion 4.06 of this Ordinance.
10) Golf '.Courses.
11) All other nonconforming uses, artificial
or alterations not specifically listed in
ited by this Ordinance.
C. PROHIBITED USES
obstructions
or prohib-
The following artificial obstructions and nonconforming
uses are prohibited within the floodway:
1) New construction of or substantial improvements to a
building for living purposes or place of assembly or
permanent use by human beings;
2) A structure or excavation (except as allowed under
Section 3.04 (B) (5) and (9) of this Ordinance) that
will cause water to be diverted from the established
floodway, cause -erosion, obstruct the natural flow of
water, or reduce the carrying capacity of the flood -
way;
3) The new construction, substantial improvement, or per-
manent storage of an object (except as allowed under
Section 3.05 (B) (5) and (9) of this Ordinance) sub-
ject to flotation or movement during flood level
periods;
4) Mobile homes;
5) New construction of or substantial improvement to com-
mercial or industrial buildings;
6) Solid waste disposal, soil absorption sewage systems
and water distribution systems, except as allowed or
approved under the laws and standards administered by
the Department of Health and Environmental Sciences.
u
7) Storage of highly toxic, flammable, explosive materials,
or storage of petroleum products is prohibited.
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3.06. FWF - FLOODWAY FRINGE
A. USES ALLOWED WITHOUT PERMITS
All uses allowed in the floodway without a permit under
Section 3.05 (A) of this Ordinance shall also be allowed
' without a permit in the flood fringe.
B. USES REQUIRING PERMITS
All uses allowed in the floodway subject to the issuance
of a permit under Section 3.05 (B) of this Ordinance
shall also be allowed by permit within the designated
flood fringe- In addition, structures including but not
limited to residential, commercial, and industrial struc-
tures, and suitable fill, shall be allowed by permit
within the flood fringe subject to the provisions of Sec-
tion 4.03 of this Ordinance.
C. PROHIBITED USES
The following artificial obstructions and nonconforming
uses are prohibited within the flood fringe:
1) Individual solid waste disposal, water distribution
systems and soil absorption sewage systems, except
as allowed or approved under laws and standards ad-
ministered by the Department of Health and Environ-
mental Sciences. Solid waste disposed and/or soil
absorption sewage systems that are approved and
allowed under laws or standards of the Department
of Health and Environmental Sciences may be allowed
as uses by permit provided the applicant furnished
to the Floodplain Administrator a written notice
from a responsible official of the Kalispell City -
County Health Department that such solid waste dis-
posal and/or soil absorption sewage system would not
create a health, safety, or pollution problem during
flood level periods, and,
2) Storage of highly toxic, flammable, or explosive ma-
terials. Storage of petroleum products may be allowed
by permit if buried in tightly sealed and constrained
containers or if stored on compacted fill at least
two (2) feet above the elevation of the flood of one
hundred (100) year frequency.
CHAPTER IV
PERMIT REQUIREMENTS
4.01. FLOODPLAIN PERMITS
A. The following conditions, insofar as each is applicable,
' shall be attached to each floodplain permit:
1) If the elevation of the flood on one -hundred (.100)
year frequency is available, the new construction or
substantial improvements to residential structures
must be built on compacted fill as specified in Sec-
tion 4.03 A (3) of this Ordinance. If such eleva-
tion is not available, the highest known historical
flood elevation may be used to establish fill heights.
If the development contains fifty (50) lots of five
(5) acres, whichever is less, the procedures in
Appendix "A" shall be followed.
2) If the elevation of the flood on one -hundred (100)
year frequency is available, the new construction
or substantial improvements to commercial and indus-
trial structures must meet the flood proofing require-
ments set forth in Section 4.03 A (4) of this Ordin-
ance. If such elevation is not available, the highest
knownhistorical flood elevation may be used to estab-
lish flood proofing heights. If the development con-
tains fifty (50) lots or five (5) acres, whichever is
less, the procedures in Appendix "A" shall be fol-
lowed.
3) Mobile homes to be placed within a floodplain must
be provided with over -the -top and frame ties to
ground anchors. Specific requirements shall be that
`J!J;.'aver=the=top 'tie- be p. rovided at each of the four
corners of the mobile home, with two additional ties
per side at intermediate locations and mobile homes
less than 50 feet long require one additional tie per
side. (ii) frame ties be provided at each corner of
the home with five additional ties per side at inter-
mediate points and mobile homes less than 50 feet
long requiring four additional ties per side.
(iii),all components of the anchoring system shall be
capable of carrying a force of 4,800 pounds; and
(iv) any addition to the mobile home be similarly an-
chored;
4) All new construction and substantial improvements
(including the placement of prefabricated buildings
and mobile homes) shall (i) be designed (or modified)
and adequately anchored to prevent flotation, col- ,
lapse, or lateral movement of the structure, (ii) be
constructed with materials and utility equipment re-
sistant to flood damage, and (iii) be constructed by
methods and practices that minimize flood damage; and,
5) Sanitary sewage and solid waste disposal systems must
be approved under laws and standards administered by
the Department of Health and Environmental Sciences
prior to any approval given under this Ordinance.
B. Where a proposed development within such floodplain may
significantly increase flood velocities or depths, the per-
mit issuing authority may require a permit applicant to
furnish additional hydraulic and survey information before
acting upon the permit application. This information may
include, but not be limited to, any of the following:
1) Valley cross sections of the watercourse and adjoin-
ing floodplain;
2) Certification by a qualified professional engineer that
floodproofing measures are reasonably adequate to pro-
tect against major flood damages; or,
3) A hydrologic study documenting probable effect on up- I
stream or downstream property owners.
C. Permits for floodplain developments may be modified or de-
nied if the additional information shows that proposals
would increase flood damages to other properties or would
cause a threat to the health or safety of its occupants.
D. Areas of Shallow Flooding
1) New construction and substantial improvements of any
residential structure located in Areas of Shallow
Flooding Zone as specified in the FIRM shall have
the lowest floor (including basement) elevated
above the crown of the nearest street to or above
-
the elevation specified in the FIRM, whichever is
higher.
2) New construction and substantial improvements of
any non-residential structure located in Areas of
'
Shallow Flooding Zone as specified in the FIRM shall
have the lowest floor (including basement) elevated
above the crown of the nearest street to or above
the depth number specified in the FIRM, or together
with attendant utility and sanitary facilities shall:
(a] be floodproofed so.that below the base flood
level, the structure is watertight with wells
substantially impermentable to the passage of
water,
(b) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects
of buoyance, and
(c) be certified by a registered professional en-
gineer that the standards of this sub -section
are satisfied. Such certifications shall be
verified, recorded and maintained for public
inspection.
4.02. FLOODWAY PERMITS
A. As provided in the Montana Water Use Act of 1973, Section
85-2-301-MCA, all new surface water diversions and changes
in place of diversion after July 1, 1973, require permits
or approval, respectively from the Department of Natural
Resources and Conservation. Within floodways, the Depart-
ment of Natural Resources and Conservation shall review
each proposed diversion of change in place of diversion
to determine if flood flows may be affected. If it ap-
pears that a proposed diversion or change in place of di-
version may significantly affect flood flows, the Depart-
ment of Natural Resources and Conservation may require the
applicant to provide additional information and to apply
for a permit with the Floodplain Administrator under the
Floodway Management and Regulation Act. A.permit under the
Floodway Management and Regulation Act shall not be granted
if, in the judgment of the Floodplain Administrator:
1) The proposed diversion will increase the upstream ele-
vation of the one -hundred (100) year flood;
2) The proposed diversion is not designed and constructed
to minimize potential erosion from flooding of a flood
on one -hundred (.100) year frequency; and,
' 3) Any permanent diversion structure crossing the full
width of the stream channel is not designed and con-
structed to safely withstand up to a flood of one -hun-
dred (.100) year frequency.
B. New artificial obstructions, nonconforming uses, encroach-
ments, including fill, new construction, substantial im-
provements and any other development which increase the
elevation of the flood of one -hundred (100) year frequency.
or which increase flood velocities are prohibited.
4.03. FLOODWAY FRINGE PERMITS
A. Uses allowed by permit within the floodway fringe are sub-
ject to the following conditions:
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1) Such structures or fill must not be prohibited by
any other statute, regulation, ordinance, or resolu-
tion;',
2) Such structures or fill must be compatible with local
comprehensive plans, if any;
3) The new construction of or substantial improvements
to residential structures must be constructed on
suitable fill such that the lowest floor elevations
(including basement) are two (2) feet or more above
the elevation of the flood of one -hundred (100) year
frequency. The fill shall be at an elevation no
lower than the elevation of the flood of one -hundred
(100),year frequency and shall extend for at least
fifteen ::(15) feet at:the-.elevation beyond the struc-
ture -in all directions. 'Where existing streets,
utilities, or lot dimensions make strict compliance
with this provision impossible, the Floodplain Adminis-
trator may authorize through permit and variance ap-
proval a lesser amount of fill or alternative flood
proofing measures. The responsible political subdivi-
sion shall notify the Department of Natural Resources
and Conservation and receive its approval prior to
approving any lesser fill or alternative flood proof-
ing for adequate drainage and access for a hauler;
4) The new construction of or substantial improvements
to commercial and industrial structures must be either
constructed on fill as specified in the preceeding sub-
paragraph or be adequately flood proofed up to an ele-
vation no lower than two (2) feet above the elevation
of the flood of one -hundred (100) year frequency.
Flood proofing shall be accomplished in accordance
with Section 4.06 of this Ordinance and shall further
include the water proofing, shall include impermeable
membranes or materials for floors and walls, and
water tight enclosures for all windows, doors, and
other openings, and be certified by a registered pro-
fessional engineer or architect that the floodproof-
ing methods are adequate to withstand the flood depths,
pressures, velocities, impact and uplift forces asso-
ciated with the base one -hundred (.100) year flood.
These structures shall be designed to withstand the
hydrostatic pressures resulting from a flood of one -
hundred (100) year frequency.
5) All new construction and substantial improvements (in-
cluding the placement of prefabricated buildings and
mobile homes) shall (i) be designed (or modified) and
adequately anchored to prevent flotation, collapse,
or lateral movement of the structure; (ii) be con-
structed with materials and utility equipment resis-
tant to flood damage, and (iii) be constructed by
methods and practices that minimize flood damage; and,
6) Roads, streets, highways, and rail lines shall be de-
signed to minimize increases 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 (2) feet above the
elevation of the flood of one -hundred (100) year
frequency.
7) Public or private structures and facilities for liquid
.or solid waste treatment and disposal must be flood
proofed to insure that no pollutants enter flood wa-
ters. These facilities must be reviewed and approved
L7
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under laws and standards administered by the Depart-
ment of Health and Environmental Sciences and the
Kalispell City -County Health Department prior to any
approval given by the Flood Plain Administrator; and
S) Agricultural structures that have a low flood damage
potential, such as sheds, barns shelters, and hay
and grain storage structures, must meet the require-
ments of Section 4.03 (A) (4) of this ordinance.
4.04. FLOOD CONTROL WORK PERMITS
Since structural flood control works often significantly ob-
struct and affect floodway flow capacity, the following flood
control measures may be allowed within designated £loodways
subject to.the insurance of a permit and the conditions set
.forth in this Sectiew.
A. 1) The proposed levees and flood walls are designed and
constructed to safely convey a flood of one -hundred
(100) year frequency;
2) The cumulative effect of the levees and flood walls
combined with allowable flood fringe encroachments
does not increase the unobstructed elevation of a
flood of one -hundred (100) year frequency. The Flood
Plain Administrator may establish either a lower or
higher permissible increase in the elevation of the
flood of one -hundred (100) year frequency for indi-
vidual levy projects, with the concurrence of the
Department of Natural Resources and Conservation and
the Federal Insurance Administration based upon the
following criteria:
(a) The estimated cumulative effect of other reason-
able anticipated future permissible uses; and,
(b) The type and amount of existing flood prone de-
velopment in the affected area.
3) The proposed levees and floodwalls, except those to
protect agricultural land only, are constructed at
least three (3) feet higher than the elevation of a
flood of one -hundred (100) year frequency.
B. Riprap, except that which is hand placed, if:
1) The riprap is designed to withstand a flood of one -
hundred (100) year frequency;
2) The riprap does not increase the elevation of the
flood of one -hundred (100) year frequency; and,
3) The riprap will not increase erosion upstream, down-
stream, or across stream from the riprap site.
C. Channelization projects if they do not significantly in-
crease the magnitude, velocity, or elevation of the flood
on one -hundred (100) year frequency downstream from such
projects.
D. Dams, provided that:
1) They are designed and constructed in accordance with
approved safety standards; and,
2) They will not increase flood hazards downstream either
through operational procedures or improper hydrologic
design.
4.05. ADDITIONAL FACTORS
Permits shall'be granted or denied by the Flood Plain Ad-
ministrator on the basis of whether the proposed establish-
ment or alteration of an artificial obstruction or noncon-
forming use meets the requirements of this Ordinance. Addi-
tional factors that shall be considered for every permit
application are:
4.06.
1) The danger to life and property due to increased flood
heights or velocities caused by encroachments;
2) The danger that materials may be swept onto other lands
or downstream to the injury of others;
3) The proposed water supply and sanitation systems and
the -abili-ty'a _these systems'to prevent disease, con-
tamination and unsanitary conditions;
4) The susceptibility of the proposed facility and its con-
tents to flood damage and the effects of such damage on
the individual owner;
5) The importance of the services provided by the proposed
facility to the community;
6) The requirements of the facility for a water front loca-
tion;
7) The availability of alternative locations not subject to
flooding for the proposed use;
8) The compatibility of the proposed use with existing de-
velopment and development anticipated in the foreseeable
future;
9) The relationship of the proposed use to the comprehensive
plan and floodplain management program for the area;
10) The safety of access to the property in times of flood
for ordinary and emergency service; and
11) Such other factors as are in harmony with the purposes
of this Ordinance and the Montana Floodplain and Floodway
Management Act, and the National Flood Insurance Program.
FLOOD PROOFING REQUIREMENTS
If the following flood proofing requirements are to be uti-
lized for a particular structure in accordance with this
Ordinance, the methods used must be certified as adequate by
a registered professional engineer or architect:
A. All electrical service materials, equipment, and install-
ation for uses permitted with or without a permit in a
floodplain or floodway shall conform to the following con-
ditions:
1) All incoming power service equipment, including all
metering equipment, control centers, transformers,
distribution and lighting panels, and all other sta-
tionary equipment must be located at least two (2)
feet above the elevation of the flood on one -hundred
(100) year frequency;
2) Portable and movable electrical equipment may be
placed below the elevation of the flood of one -hundred
(.100) year frequency, provided that the equipment can
be disconnected by a single plug -and -socket assembly
of the submersible type;
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3) Electric heating systems must be installed in accor-
dance with subparagraph "A" of this section.
C. Plumbing systems for allowed and permitted floodplain and
floodway uses shall conform to the following conditions:
1) Sewer lines, except those to be buried and those in
' sealed vaults, must have check valves installed to
prevent sewage backup into permitted structures; and,
2) All toilets, stools, sinks, urinals, and drains must
be located such that the lowest point of possible
water entry is at least two (2) feet above the eleva-
tion of the flood of one -hundred (100) year frequency.
4.07.' EMERGENCY-MArVER
A. Emergency repair to and/or replacement of severely dam-
aged public transportation facilities, public water and
sewer facilities, and flood control works may be author-
ized and permit requirements waived if:
1) Upon notification and prior to the emergency repair
and/or replacement, the Floodplain Administrator de-
termines that an emergency condition warranting imme-
diate action exists; and,
2) The Floodplain Administrator agrees upon the nature
and type of proposed emergency repair and/or replace-
ment.
B. Authorization to undertake emergency repair and/or re-
placement work may be given verbally if the Floodplain
Administrator feels that a written authorization would
unduly delay the emergency works. Such verbal authoriza-
tion must be followed by a written authorization stating
the emergency condition, the type of emergency work agreed
upon, and a notation that a verbal authorization had been
previously given.
CHAPTER V
ADMINISTRATION
5.01. ADMINISTRATOR
A. The Building Official of the City or his designated repre-
sentative is hereby designated as the "Floodplain Adminis-
trator" for Kalispell, State of Montana, and has the re-
sponsibility of such position as outlined in this ordin-
ance.
B. The Floodplain Administrator is hereby appointed with the
authority to review permit applications and proposed uses
or construction to determine compliance with this ordin-
ance, and is required to assure that 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.
C. The Floodplain Administrator shall adopt such procedures
as may be necessary to efficiently administer the provi-
sions of this Ordinance.'
D. The Floodplain Administrator charged with the administra-
tion of this Ordinance shall maintain such files and re-
cords as may be necessary to document nonconforming uses,
flood elevations, fee receipts, the issuance of permits,
74
agendas, minutes, records of public hearings, and any
other matter relating to floodplain management in
Kalispell. Such files and records shall be open for
public inspection. In matters of litigation, the
Kalispell City Attorney may restrict access to speci-
fic records.
E.
Copies of all permits granted must be sent to the Depart-
'
ment of Natural Resources and Conservation.
F.
Notification by the Floodplain Administrator must be
made, in riverine situations, to adjacent communities
and the Floodplain Management Section (MDNR & C) prior
to any alteration or relocation of a watercourse, and
copies submitted of such notification to the Federal In-
surance -Administration.
G.
Assure that the flood carrying capacity within the altered
or relocated portion of any watercourse is maintained.
5.02. PERMIT APPLICATIONS
A.
Activities or uses which require the issuance of a per-
mit, 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 may be required to furnish such of the
following as is deemed necessary for determining the
suitability of the particular site for the proposed use:
1) Plans in duplicate drawn to scale with dimensions
shown, showing the nature, location, dimensions, and
elevation of the lot, the existing and proposed
structures, fill, storage of materials, flood proof-
ing measures, and the relation of the above to the
location of the channel;
2) A surface view plan showing elevations or contours
of the existing ground; pertinent structure, fill, or
storage elevations; size, location and spatial
arrangement of all proposed and existing structures
on the site, location and elevations of streets,
water supply sanitary facilities, and; if available,
dated photographs showing existing land uses and
channel conditions upstream and downstream; and,
3) Specifications for flood proofing, filling, excavat-
ing, grading, riprapping, storage of materials, water
supply, and sanitary facilities,
C. In addition to the information specified in sub -paragraph
B above, the following information is required for cer-
tain proposed uses when the proposal encroaches a desig-
nated floodplain where floodways are not available:
1) A minimum of four (4) surveyed river valley cross- '
sections as per instructions given in Appendix "A",
Field Survey Instructions for Flood Hazard Evalua-
tions;
2) A surveyed water surface profile as per instructions
given in Appendix "A", Field Survey Instructions for
Flood Hazard Evaluations; and
3) Certification by a registered professional engineer
or architect that flood proofing measures are ade-
quate to protect against major flood damages; or a
hydrological study documenting probable effect on up-
stream or downstream property owners.
175
1
1
D) Applicants who have received permits are required to fur-
nish the following, at the time of an on -site conformance
inspection, for determining that the permit conditions
and specifications have been complied with:
1) Certification by a registered professional engineer
or architect the actual elevation (in relation to
mean sea level) of the lowest habitable floor (in-
cluding basement) of all new or substantially improved
structures, and whether or not the structure contains.
a basement; and,
2) Certification by a registered professional engineer
or architect the actual elevation (in relation to
mean sea level) of the rxstified floodproofing of all
new or substantially improved floodproofed structures.
5.03. PERMIT REVIEW EXPIRATION DATE
A permit application is considered to have been automatically
granted sixty (60) days after receipt of the application,
except where:
1) The Floodplain Administrator notifies the applicant be-
fore the sixtieth (60th) day that the permit is denied,
or conditionally approved;
2) The Floodplain Administration notified the applicant that
additional hydraulic and survey information is required
before acting upon the permit application; and,
3) The permit requires State
surface water diversions,
dards, etc.
5.04. REVIEW -VARIANCES -APPEALS
endorsement as in the case of
variances from approved stan-
A. There is hereby created a Kalispell Flood Hazard Board of
Adjustment, the membership administration and rules of
procedure of which are identical to and the same as the
Kalispell Zoning Board of Adjustment.
B. The Kalispell City Council may, by variance, grant a per-
mit 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 any
designated floodway if any increase in flood levels
during the base flood discharge would result;
2) Variances shall only be issued upon (i) a showing of
good and sufficient cause, (ii) a determination that
failure to grant the variance would result in excep-
tional hardship to the applicant, (iii) a determin-
ation that the granting of a variance will not result
in increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the
public, or conflict with existing State laws or local
resolutions, (iv) a determination that the proposed
use would be adequately floodproofed, (v) a deter-
mination that a reasonable alternative location out-
side the floodplain is not available, (vi) a deter-
mination that the variance requested is the minimum
necessary, considering the flood hazard, to afford
relief, and
3) Variances shall be issued in writing from the Kalis-
pell City Council and shall notify the applicant
J 701
that (i) the specific variance that is granted, along
with any conditions attached, thereon; (ii) the issu-
ance of a variance to construct a structure below the
base flood will result in increased premium rates for
flood insurance up to amounts as high as $25 for $100
of insurance coverage; and (iii) such construction
below the base flood level increases risks to life
and property. The Floodplain Administrator shall
maintain the records of variance notification, vari-
ance actions, including justification for their issu-
ance.
C. The Kalispell Flood Hazard Board of Adjustments may, by
variance, grant a permit for the establishment of alter-
ation of an artificial obstruction or nonconforming use
that is:not_.in.compliance with the minimum standards con-
tained in this Ordinance only if:
1) The proposed use would not increase flood heights or
flood hazard either upstream or downstream;
2) Refusal of a permit would, because of exceptional cir-
cumstances, cause a unique or undue hardship on the
applicant or community involved.
3) The proposed use is adequately flood proofed;
4) Reasonable alternative location outside the designated
floodplain are not available.
D. Appeals from any decision of the Kalispell City Council or
its officers or agencies including the Kalispell Flood
Hazard Board of Adjustments may be taken by an aggrieved
person or persons, jointly or separately aggrieved to a
court of record.
5.05. FEES
A processing fee of twenty-five dollars ($25.00) shall be sub-
mitted with each permit application.
CHAPTER VI
6.01. VIOLATION NOTICE
The Floodplain Administrator shall bring any violation of this
Ordinance to the attention of the Kalispell City Council and
the Kalispell City Attorney.
6.02. COMPLIANCE
Use permits issued on the basis of approved plans and applica-
tions authorized only the use, arrangement, and construction
set forth in such approved plans and application, and no other
use, arrangement, or construction. Any use, arrangement, or
construction not in compliance with that authorized shall be
deemed a violation.of this Ordinance, and punishable as pro-
vided in Section 6.03. An applicant may be required to sub-
mit certification by a registered professional engineer or ar-
chitect, or other qualified person designated by the Floodplain
Administrator that finished fill and building floor elevations,
flood proofing, or other flood protection measures were accom-
plished in compliance with this Ordinance.
6.03. PENALTIES
Violation of the provisions of this Ordinance for failure to
177
comply with any of the requirements (including violations
of conditions and safe -guards established in connection
with variances), shall constitute a misdemeanor. Any per-
son 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.
APPENDIX "A"
FIELD SURVEY INSTRUCTIONS FOR FLOOD HAZARD EVALUATIONS
In evaluating a proposed use within a floodplain for which no eleva-
tions have been designated, the Floodplain Administrator may require
the applicant to submit the following:
A. Cross Sections. A minimum of four surveyed valley cross sections
by a registered land surveyor or professional engineer according
to the following field survey instructions:
11 The surveys required are cross sections of stream channels
and the floodplain on both banks.
2) One cross section shall be taken of the stream where it en-
ters the site.
3) Three cross sections shall be taken downstream from the site,
each approximately 1,000 feet apart. In no case, however,
should the fall in water surface elevation between two sec-
tions exceed 5.0 feet. Cross sections should also be taken
at all bridge locations in the reach. The cross section
farthest downstream should be located at a natural constric-
tion or at a bridge crossing. Cross sections shall be taken
at any bridge location between the site and lowest cross
section. All bridges in the reach should be described and
sketched showing unobstructed waterway openings and eleva-
tions.
4) Distances between cross sections are to be determined by
stadia, and these distances and locations of cross sections
shall be shown on the location map.
5) The overbank cross sections are to be extended to obtain a
vertical rise of fifteen (15) feet above the water surface.
6) If a U.S. Geological Survey river gauging station is within
the reach of the stream under study, the elevation of any
convenient foot mark shall be surveyed and clearly indi-
cated on the location map.
7) Elevations of the water surface determined by survey as part
of each valley cross section.
8) Cross sections should be plotted on ten divisions to the
inch cross section paper, using any convenient, identified
scale for vertical and horizontal distance.
9) The elevation of any known high water mark shall be identi-
fied and included in the survey.
B. Profile. A profile shall be prepared by a registered land sur-
veyor or professional engineer on cross section paper of ten
divisions to the inch, showing the observed water surface pro-
file, location of cross sections, site boundaries, riverbank
profile, and thalweg (lowest point of the channel bottom along
the reach of stream).
C. Reference. All surveyed elevations shall be tied to mean sea I
level datum and the benchmark used shall be in elevation Refer-
ence Mark noted on FIRM.
D. The Department of Natural Resources and Conservation will utilize
this information to determine 100-year frequency water surface
elevations.
SECTION II. This Ordinance is effective thirty (.30) days after final
passage and adoption hereof,
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AND APPROVED BY THE MAYOR THIS 22nd DAY OF SEPTFOER o 1980.
Norma E. Happ, Mayor ,
ATTEST:
Marjo3fte Giermann, City Clerk.
I, Marjorie Giermann, City Clerk of the City of Kalispell, Montana, do certify that on '
the 26thday of August , 19 80 , I posted a copy of the foregoing ordinance
in my office, and the same remained posted until the second reading on the 22nd day of
September , 19 80 , and the foregoing is a true and correct copy of the ordinance
as passed by the City Council.
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