Public Ways and Property
CHAPTER 1: CEMETERY
SECTION:
6-1-1: Name
6-1-2: Plat Of Cemetery
6-1-3: Care, Maintenance And Management
6-1-4: Purchasing Lots
6-1-5: Fees
6-1-6: Use Of Lots
6-1-7: Transfer; Fee
6-1-8: Burial Rights
6-1-9: Certificate Of Burial Rights
6-1-10: Application For Interment
6-1-11: Burials And Markers
6-1-12: Records Maintained
6-1-13: Taxation; Assessments
6-1-14: Decoration Of Graves
6-1-1: NAME:
The burial ground of the Town shall be known and designated as the Hanksville Town Cemetery.
6-1-2: PLAT OF CEMETERY:
The Mayor and Town Council shall file and record in the office of the county recorder an accurate plat of the cemetery owned and controlled by the Town, which plat shall clearly show the sections of burial lots which have been disposed of and the names of the persons owning or holding the same and the plots held for disposal. The Mayor shall file any additional plats to the said cemetery before offering for sale any burial plots therein.
6-1-3: CARE, MAINTENANCE AND MANAGEMENT:
A. The Town Council shall have entire control, care and management of the cemetery and will appoint a council member as the Cemetery Administrator to oversee the workings of the cemetery. They shall keep in repair the enclosure around the cemetery to prevent it being entered by cattle or other loose animals and, so far as practicable, exercise diligence and reasonable care in the protection of the rights and property of the space owners,but shall not be liable for any damage or loss.
B. The Town Council shall have the authority to see that the owners or persons in charge of the lots obey all the orders and rules and regulations of the Town Council in regard to the care of the same. They shall or shall have all walks, avenues and roadways unobstructed so access can be made to any lot.
C. The Town reserves the right to remove any existing shrubbery, trees, curbing or fencing that interferes with the reasonable and proper care of the cemetery or is not in conformity with the then existing rules and regulations ten (10) days after written notice is given to the property owner.
D. The Town Council shall have the authority to make rules and regulations pertaining to the operation and maintenance of the cemetery and to regulate and fix the price of lots from time to time, as the occasion may require or as deemed advisable.
E. Space for indigent burials for Hanksville residents will be designated by the Cemetery Administrator.
F. Contractors and others having work in the cemetery must make their business known to the Cemetery Administrator before work is begun.
G. Disinterment and Exhumation must be arranged through the Town Clerk.
H. Any person violating the provisions of the cemetery policies and procedures shall be guilty of a Class B misdemeanor and shall be prosecuted
6-1-4: PURCHASING PLOTS:
Any person wishing to purchase a plot or burial space shall contact the Town Clerk. Payment of said plot or burial space, shall be paid to the Town Treasury. A certificate of burial rights shall be made to the purchaser.
The Town Clerk shall give each purchaser a right of burial certificate for each burial space showing the description and stating the price paid. The Town shall keep duplicates of all certificates issued as part of the Town records.
The Town Council must review any request for more than five (5) plots.
Any one individual twenty-one (21) years of age or older may reserve a plot(s).
No plots may be purchased for the purpose of selling for a profit.
6-1-5: FEES:
A. Specified: Fees shall be charged for burial lots and burial related services in such amounts as established by resolution of the Town Council.
B. Down Payment: When purchasing a plot, fifty percent (50%) is required as a down payment. All remaining fees must be paid in full at the time of burial.
C. Nonresident Defined: A "nonresident" is defined as one who has not lived in the Town for one (1) consecutive year based on date of application.
6-1-6: USE OF LOTS:
The plots in the said cemetery shall be reserved for the use of such families and persons as have heretofore become the purchasers of the same according to the provisions of this chapter; to be used and possessed by them and their heirs as a place for burial of the dead in accordance with the regulations that are set, or that may be prescribed by ordinance or resolution of the Town Council, or by the laws of the State.
Interments are limited to human dead unless special permission is granted by the Town Council.
Interments will be made only after a permit for burial has been filled out by a family representative or mortician prior to the opening of the grave.
Information for all internments must be given to the Cemetery Administrator. Information given by telephone will be taken with particular care, but the Town will not be responsible for errors arising or resulting from this procedure. All such orders must be confirmed in writing. The person giving the order must give the space owner’s name, address and all other information required on the burial permit and submit a copy of a death certificate containing the following information: the name of the deceased, date and place of death, cause of death, name and address of person responsible for burial, name of mother and father of deceased, name of funeral director, the date and time of the funeral, the location of the grave space to be used and whether or not the Town marker.
Only a Town Maintenance Employee is to execute the opening and closing of a regular grave.
Hand Burials may be allowed by family requests on a case by case basis and approved by the Town Council. Hand burials shall be completed under supervision of the Town Maintenance Employee and will abide by all regulations set for regular burials.
Notice for the opening of a grave must be given early enough to allow at least eight (8) regular working hours for the work to be completed. Extra time may be required during winter months and extreme weather conditions.
No interment will be permitted, or remains received, unless the proper written order is furnished. Remains sent from other states must also be accompanied by a burial transit permit and filed with the Town Clerk.
The person ordering the opening of a grave will be responsible for preparations.
The Cemetery Administrator or Town Maintenance Employee will be in charge of every interment and no grave shall be opened, filled or refilled without direction of either person.
6-1-7: TRANSFER; FEE:
Owners of burial certificates may transfer their burial rights to other parties by filling out and signing forms provided by the Town Clerk.
Burials by or of heirs, after the original parties’ names on burial reservation (certificates) are deceased, requires the permission of living heirs, in writing, on forms supplied by the Town Clerk.
The Town shall, in no way, be held responsible for failure to properly determine the legal successorship to the said space owner.
If a plot is transferred to another person other than an heir, a fee as established by resolution of the Town Council will be charged.
Any discrepancy between the administrative files and certificate of burial rights will be considered a clerical error. The files located at the Town Office are to be considered the correct record. The Town reserves the right to recall, correct and reissue the correct certificate.
If the plot is being given back to the Town or to anyone else, it must meet the criteria of being a usable space. The criteria are as follows:
No burials, no caskets, no remains, no headstones, no markers, leave as found.
The determination of whether a space is usable will be the decision of the Town Council.
The person holding the certificate may issue the space back to the Town at any time.
6-1-8: BURIAL RIGHTS:
Burial rights are conveyed to the person or persons named therein and their heirs. Reserving a plot does not include ownership of the land, only the burial right to that space. All legal heirs are presumed to have legal claim to the rights unless specified differently in a written assignment filed with the Town Clerk.
6-1-9: CERTIFICATE OF BURIAL RIGHTS:
In all cases where the Town Council or any other person under the authority shall sell or contract to sell to any persons any plot or part of plot in the Town cemetery and the same remains unconveyed to the said purchaser, it shall be the duty of the Town Clerk to make and execute to the said purchaser a certificate of burial rights. The purchaser or his heirs shall furnish proper and satisfactory evidence showing that the plot or part of the plot alleged to have been paid for by the purchaser.
6-1-10: APPLICATION FOR INTERMENT:
The Town Council shall dig or shall have dug any grave in the said cemetery upon application being made by the owner or persons in charge and produce proper evidence that the arrangement has been made with the Town Clerk. The Mayor shall superintend or shall have superintended every interment and shall fill up and neatly trim the grave immediately after depositing the coffin and trim up all the graves that may settle.
6-1-11: BURIALS AND MARKERS:
All graves shall be dug five feet (5 ft.) deep and at least six inches (6 in.) within the lot boundary line.
One marker shall be allowed per burial plot, unless the second marker is military issued. Two (2) cremations may be buried in one burial plot, providing only one marker will be erected.
All burial plots, whether cremations or caskets, must have a marker.
Monument and Markers within the cemetery are personal property of plot owners, their heirs, or the responsible party that ordered and placed them.
Maintenance of the monuments is the responsibility of the owner. Marker(s) must be contained within the allotted dimensions of the plot. If it becomes necessary to remove a monument for a burial, the Town of Hanksville shall give proper written notice and the owner will be responsible to make the proper arrangements. Should the owner request the Town to remove the monument, the Town shall not be held liable for any cost from damage, which may occur during removal. The order for removing a monument will be given and fees paid for when all other required information, pertaining to the deceased person, is given to the Office. Such fees shall be determined by individual need and the labor and equipment required. If a monument company has been contracted to remove a monument for a burial, the monument company will also be responsible for returning the monument to its original location.
Cement, brick or stone coping shall be allowed around graves in the new section of the cemetery and shall be at least six inches (6 in.) within the lot boundary line. If it becomes necessary to disturb any existing stone or brick coping in order to dig a space next to it, the owner will be responsible to put it back. The Town is not liable for any damage done to a coping structure.
Burials are accepted between nine o'clock (9:00) A.M. and four o'clock (4:00) P.M. daily. Exceptions may be made on a case by case basis determined by the Public Works Director. Additional charges will be made for interments on Saturdays.
Vaults are not required, but are strongly suggested, in the “Pioneer Section '' of the cemetery which starts at the front of the cemetery (West fence) and extends to the second road (running North and South). All burials in the “New Section” of the Town cemetery will be in cement vaults only, including cremations. Wooden vaults are not permitted.
One interment only shall be allowed in a casket, except a father or mother with an infant child, or two children buried at the same time. Not more than one casket will be allowed per burial plot. One cremation is allowed to be buried on top of an existing burial. Cremains are not allowed to be scattered on cemetery grounds.
6-1-12: RECORDS MAINTAINED:
The Town Office shall keep or cause to be kept a record in a book set up for the purpose of all lot conveyances, stating the lot number and description of lots or parts of lots conveyed, the date of conveyance and the name of the person or persons to whom conveyed, together with the amount of money paid for the plot or part of plot.
6-1-13: TAXATION; ASSESSMENTS:
A. All plots or parts of plots shall be exempt from taxation and execution, except it be provided that the Town Council shall have the right to levy an assessment for improvements and maintenance. If any assessment which has been made against a lot, with written notice given, has not been paid within two (2) years after such assessment has been levied, then the unused portion of the lot or burial space may be advertised for sale and sold for such unpaid assessment.
B. Funds collected by the Town for the sale of burial plots shall be used for the care and maintenance of the cemetery. The Town may, but shall have no duty to, appropriate additional funds for the care, maintenance and upkeep of the cemetery. In no event shall the Town be responsible for the repairing or replacement of markers or monuments damaged or destroyed by someone other than the Town, its employees or contractors.
6-1-14: DECORATION OF GRAVES:
The Town reserves the right to remove any decorations that have been displaced from burial plots.
The Town will not be responsible for any damage or theft to any decorations left at the cemetery.
CHAPTER 2: USE OF RIGHTS OF WAY AND THOROUGHFARES
SECTION:
6-2-1: Encroachments
6-2-2: Display Of Goods
6-2-3: Planting And Maintenance Of Trees And Shrubs
6-2-4: Remediation
6-2-5: Penalty
6-2-1: ENCROACHMENTS:
It shall be unlawful for persons owning, occupying or having control of any premises to place or permit to be placed for more than seventy-two (72) hours upon or in the sidewalk, parking area, gutter, alley, public road, street or street right of way next to such premises the following items, except as authorized by ordinance, without the permission of the Town Council:
A. Any garbage, which includes, but is not limited to, broken ware, glass, filth, rubbish, sweepings, refuse matter, garbage, ashes, tin cans, lumber, wood boxes, fencing, building material, used and discarded tires or other like substances.
B. Any yard refuse, which includes, but is not limited to, dead trees, stumps, weeds, grass clippings or other yard items of any kind.
C. Any permanent or temporary structure, vehicle or item, which includes, but is not limited to, structures, mechanisms, devices, livestock feed, firewood or other structures of any kind, i.e., fences.
D. Any vehicle that cannot be started and moved under its own power without the assistance of another person, vehicle, or gravity, or is found to be in violation of Utah Code Annotated 41-6a-1408 Abandoned Vehicles.
E. Commercial diesel trucks and trailers, or any vehicle, for any period in front of a neighbor's property.
6-2-2: DISPLAY OF GOODS:
It shall be unlawful for any person, business or corporation to use any street, sidewalk or other public place as space for the display of goods or merchandise for sale without permission from the Town Council.
6-2-3: PLANTING AND MAINTENANCE OF TREES AND SHRUBS:
A. Planting: It shall be unlawful to plant any tree or any bush in any public road, street or street right of way or public place without having first secured permission from the Town Council.
B. Maintenance: Any tree or shrub which overhangs any sidewalk, street or other public place in the Town in such a way as to impede with traffic or travel, or within ten feet (10 ft.) of a street or seven feet (7 ft.) of a sidewalk level, shall be trimmed by the owner of the premises abutting or of the premises on which the tree or shrub grows or stands. Town maintenance personnel may trim any tree or shrub or may remove any tree, shrub or branch so that the obstruction or danger to traffic or passage shall be done away with.
6-2-4: REMEDIATION:
A. Any person who violates or permits violation of any provision of this chapter shall be given written notice by the Town that said personal property shall be removed within seventy-two (72) hours.
B. Personal property in violation of this chapter may be impounded and removed by the Town. The cost of the impoundment and removal shall be charged to the owner or person who claims the impounded property.
C. In the case of emergencies, the Town shall dispense with the seventy-two (72) hour notice requirement and provide the best notice practicable to require owners or renters to remove such personal property.
6-2-5: PENALTY:
Any person who violates or permits violation of any provision of this chapter shall be guilty of a Class B misdemeanor, and subject to penalty as provided in section 1-4-1 of this code.
CHAPTER 3: SOURCE PROTECTION OF THE HANKSVILLE CULINARY WATER SYSTEM
SECTION:
6-3-1: Purpose
6-3-2: Definitions
6-3-3: Establishment of Drinking Water Source Protection Zones
6-3-4: Permitted Uses
6-3-5: Prohibited Uses
6-3-6: Administration
6-3-1: PURPOSE:
The purpose of this ordinance is to insure the provision of a safe and sanitary drinking water supply for Hanksville Town by the establishment of drinking water source protection zones surrounding the wellheads for all wells which are the supply sources for the Town water system and by the designation and regulation of property uses and conditions which may be maintained within such zones.
6-3-2: DEFINITIONS:
DESIGN STANDARD: A control which is implemented by a potential contamination source to prevent discharges to the ground water. Spill protection is an example of a design standard.
LAND MANAGEMENT STRATEGIES: Zoning and on-zoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, ground-watering monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.
PESTICIDE PARAMETER GROUP: Those contaminants listed in the pesticide parameter group of the State of Utah Rules for Public Drinking Water Systems. A current list may be obtained from the State of Utah, Division of Drinking Water.
POLLUTION SOURCE: The point source discharge of contaminants to groundwater or potential discharge of the liquid forms of “extremely hazardous substances” which are stored in containers in excess of “applicable threshold planning quantities” as specified in SARA Title III. Example of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten animal units. The following clarify the definition of pollution source:
ANIMAL FEEDING OPERATION: A lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12) month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are to be considered a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
ANIMAL UNIT: A unit of measurement for any animal feeding operation calculated by adding the following number; the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over fifty-five (55) pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
EXTREMELY HAZARDOUS SUBSTANCES: Those substances which are identified in the Sec. 302 (EHS) column of the “Title III List of Lists - Consolidated List of Chemicals Subject to Reporting under SARA Title III” (EPA 560-4-91-011).
POTENTIAL CONTAMINATION SOURCE: Any facility or site which employs an activity or procedure which may potentially contaminate groundwater. A pollution source is also a potential contamination source.
REGULATORY AGENCY: Any governmental agency with jurisdiction over hazardous waste as defined herein.
SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or hazardous wastes are disposed of on land by placing earth cover thereon.
SEPTIC TANK/DRAIN-FIELD SYSTEMS: A system which is comprised of septic tank and drain-field which accepts domestic wastewater from building or facilities for subsurface treatment and disposal. By their design, septic tank/drain field system discharges cannot be controlled with design standards.
VOLATILE ORGANIC CONTAMINANTS (VOC) PARAMETER GROUP: Those contaminants listed in the volatile organic group of the State of Utah Rules for Public Drinking Water Systems. A current list may be obtained from the State of Utah, Division of Drinking Water.
WELLHEAD: The upper terminal of a well, including adapters, ports, valves and other attachments.
6-3-3: ESTABLISHMENT OF DRINKING WATER SOURCE PROTECTION ZONES:
ZONE ONE is the area within a one hundred (100) foot radius from the wellhead
ZONE TWO is the area within a two hundred fifty (250) day groundwater tie of travel to the wellhead, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer
ZONE THREE (waiver criteria zone) is the area within a 3-year groundwater time travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or groundwater divide, whichever is closer.
ZONE FOUR is the area within a fifteen (15) year groundwater time of travel to the wellhead, the boundary of aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.
6-3-4: PERMITTED USES:
The following uses shall be permitted within drinking water source protection zones:
Any use permitted within existing agricultural, single family residential, multi-family residential and commercial districts so long as uses conform to the rules and regulations of the regulatory agencies.
Any other open land use where any building located on the property is incidental and accessory to primary open land use.
6-3-5: PROHIBITED USES:
The following uses or conditions shall be and hereby prohibited within the drinking water source protection zones, whether or not such use or condition may otherwise be ordinarily included as a part of use under Section 4 of this chapter:
ZONE ONE - the location of any uncontrolled potential contamination source as defined herein.
ZONE TWO - the location of a pollution source unless its contaminated discharge can be controlled with design standards.
ZONE THREE - the application of any substance from the pesticide parameter group or the application of any substance from the volatile organic contaminant (VOC) parameter group unless it can be controlled through land management strategies.
ZONE FOUR - the location of a potential contamination source unless it can be controlled through land management strategies.
6-3-6: ADMINISTRATION:
The policies and procedures for administration of any source protection zone established under this ordinance, including without limitation those applicable to nonconforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for Hanksville Town, as the same is presently enacted or may from time to time be amended.
CHAPTER 4: FLOOD DAMAGE PREVENTION IN THE TOWN OF HANKSVILLE
SECTION:
6-4-1: Purpose
6-4-2: Definitions
6-4-3: Methods of Reducing Flood Losses
6-4-4: General Provisions
6-4-5: Administration
6-4-6: Provisions for Flood Hazard Reduction
6-4-1: PURPOSE:
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 to specific areas by provisions designed:
To protect human life and health;
To minimize expenditure of public money for costly flood control projects;
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and grudges located in areas of special flood hazard;
To help maintain a state tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
To ensure that potential buyers are notified that property is in an area of special flood hazard; and,
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
6-4-2: DEFINITIONS:
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application:
BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year.
DEVELOPMENT: Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of water and/or;
The unusual and rapid accumulation or runoff of surface waters from any source.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufacture home” does not include a “recreational vehicle”.
STRUCTURE: A walled and roofed building or manufactured home that is principally above ground
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or;
Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.
6-4-3: METHODS OF REDUCING FLOOD LOSSES:
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
Controlling filling, grading , dredging, and other development which may increase flood damage; and
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
6-4-4: GENERAL PROVISIONS:
Lands to which this ordinance applies:
This ordinance shall apply to all areas within the jurisdiction of Hanksville Town.
Compliance:
No structure or land shall hereafter be constructed, located, extended, or altered without full compliance with the terms of this ordinance and other applicable regulations
Abrogations and Greater Restrictions:
This ordinance is not intended to repeat, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Interpretation:
In the interpretation of this ordinance, all provisions shall be:
Considered as minimum requirements.
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under State statute.
Warning and Disclaimer of Liability:
This ordinance shall not create liability on the part of Hanksville Town, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
6-4-5: ADMINISTRATION:
Establishment of Development Permit:
A development permit shall be obtained before construction or development begins within the community. Application for a development permit shall be made on forms furnished by Hanksville Town and may include but not limit to:
Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill storage of material, drainage facilities, and the location of the foregoing.
Designation of the “Local Development Administrator”:
The Local Development Administrator is hereby appointed to administer and implement this ordinance by granting or denying development permit application in accordance with its provisions. The Local Development Administrator will be the members of the Planning and Zoning Commission described below in Section 9-2-6.
Duties and Responsibilities of the Local Development Administrator:
Duties shall include but not be limited to:
Permit Review
Determine that the permit requirements of this ordinance have been satisfied and whether proposed building sites will be reasonably safe from flooding.
Determine that permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
Determine if the proposed development adversely affects the flood carrying capacity of the flood-prone area. For the purposes of this ordinance, “adversely affects” means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent over-bank areas.
If it is determined that there is no adverse affect and the development is not a building, then the permit shall be granted without further consideration.
If it is determined that there is an adverse effect, the technical justification (i.e., a registered professional engineer’s certification) for the proposed development shall be required.
If the proposed development is a building, then the provision of this ordinance shall apply.
6-4-6: PROVISIONS FOR FLOOD HAZARD REDUCTION:
If a proposed building site is located in a flood-prone area, all new construction and substantial improvements (including the placement of manufactured homes) shall conform to the following standards:
Anchoring:
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting hydrostatic and hydrodynamic loads.
Construction Materials and Methods:
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
Utilities:
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Subdivision Proposals:
All subdivision proposals shall be consistent with the need to minimize flood damage;
All subdivision proposals shall have public utilities and facilities such a sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage