HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1812, revisions to Ch. 18.58, BMC, Floodplain Regulations of UDO.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Debbie Arkell, Director of Public Services
Richard Hixson, City Floodplain Administrator
SUBJECT: Public Hearing for provisional adoption of Ordinance 1812, proposing revisions
to Chapter 18.58 Bozeman Municipal Code, better known as the City of Bozeman Floodplain
Regulations of the Unified Development Ordinance.
MEETING DATE: July 11, 2011
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Make a motion to provisionally adopt Ordinance 1812.
PROPOSED MOTION: I move to provisionally adopt Ordinance 1812 amending
Sections 18.58.040; 18.58.090.B.4.d; 18.58.250; and 18.58.260 Bozeman Municipal
Code as proposed.
BACKGROUND: The Federal Emergency Management Agency (FEMA) has recently
completed a re-evaluation of the flood hazard areas within Gallatin County, inclusive of the City
of Bozeman. The analysis updates the Flood Insurance Study (FIS) and Flood Insurance Rate
Maps (FIRMs) completed by FEMA on July 15, 1988. The revised flood information must be
adopted by September 2, 2011 in order for the city to remain in good participatory standing with
the National Flood Insurance Program (NFIP). The NFIP benefits flood-prone residents with
reduced insurance rates.
Existing flood hazard areas for Bozeman Creek, Mathew-Bird Creek, Nash-Spring Creek, Mill
Ditch Diversion, and Figgins Creek established in the July 15, 1988 FIS (and depicted upon the
July 15, 1988 FIRMs) in essence have remained unchanged with the re-evaluation recently
completed by FEMA. The only change that occurred for these areas was a simple datum
adjustment to the North American Vertical Datum of 1988 (NGVD88), which is the current
vertical elevation standard used in North America, from the National Geodetic Vertical Datum of
1929 (NGVD29), which is essentially obsolete.
Additional flood hazard areas were studied and mapped by FEMA for Bridger Creek and the
East Gallatin River. These newly studied and mapped areas (along with the datum-adjusted
existing mapped areas) will become jurisdictional flood hazard areas on September 2, 2011.
The principal revision contained in Ordinance 1812 is to Section 18.58.040 BMC whereby the
September 2, 2011 FIS/FIRMs are recognized as effective, replacing the 1988 FIS/FIRMs. The
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revisions to Sections 18.58090.B.4.d; 18.58.250; and 18.58.260 are clean-up references to the
code. The essence of the Bozeman Floodplain Regulations remains intact and will continue to
comply with minimum standards of the Montana Floodplain and Floodway Management Act
(Title 76, Chapter 5, Montana Code Annotated) and the National Flood Insurance Act of 1968, as
amended.
Ordinance 1812 is attached to this memorandum along with additional supporting information.
A certified letter from FEMA outlining the process employed in the re-evaluation and actions
necessary to comply with NFIP is provided. Also attached is an exhibit prepared by the
Bozeman Geographic Information System (GIS) Department depicting the flood hazard areas
effective under the new September 2, 2011 FIS. The city’s interactive GIS website
(http://www.bozeman.net/Departments-(1)/Information-Technology/GIS/Interactive-GIS)
contains a layer showing these areas. As a disclaimer, the GIS exhibit is for informational
purposes only; official hard-copies of the FIRMs, as well as the FIS are available for viewing at
the Engineering Department, 20 East Olive Street.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: None.
Attachments: Ordinance 1812; FEMA Letter; GIS Map Exhibit
Report compiled on: June 30, 2011
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Ordinance 1812
Page 1 of 5
ORDINANCE NO. 1812
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY REVISING CHAPTER 18.58 FLOODPLAIN REGULATIONS.
WHEREAS, Chapter 18.58 Floodplain Regulations of the Bozeman Municipal Code
(BMC) establishes land use regulations to promote public health, safety, and welfare; and
WHEREAS, Chapter 18.58 BMC complies with the Montana Floodplain and
Floodway Management Act (Title 76, Chapter 5, Montana Code Annotated); and
WHEREAS, the City of Bozeman participates in the National Flood Insurance
Program as a community in good standing; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has updated the
July 15, 1988 Flood Insurance Study and Flood Insurance Rate Maps for Gallatin County,
inclusive of the City of Bozeman; and
WHEREAS, the FEMA updated Flood Insurance Study and Flood Insurance Rate
Maps become effective on September 2, 2011; and
WHEREAS, the City of Bozeman must officially adopt the updated Flood Insurance
Study and Flood Insurance Rate Maps by the September 2, 2011 effective date in order to remain
a community in good standing with the National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
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Ordinance 1812
Page 2 of 5
Section 1
Section 18.58.040 of the Bozeman Municipal Code shall be amended as follows:
18.58.040 FLOODPLAIN REGULATION ESTABLISHMENT AND APPLICABILITY
These floodplain regulations are hereby established and are applicable in all areas defined by the
base flood elevations and 100-year floodplains as delineated in the Flood Insurance Study, or
other means specified in §18.58.030, BMC. The basis for the Flood Insurance Study is a
scientific and engineering report entitled The Flood Insurance Study for the City of Bozeman,
Montana, dated July 15, 1988 the Flood Insurance Study of Gallatin County, Montana, and
Incorporated Areas, dated September 2, 2011 (FEMA FIS No. 30031CV000A), with
accompanying Flood Insurance Rate Maps and Flood Boundary/Floodway Maps. The official
floodplain maps, together with the Flood Insurance Study are on file in the office of the City
Floodplain Administrator. The floodplain regulations are hereby established in all areas subject
to flooding. Depiction on the official zoning map of the City is not required for this district.
Section 2
Section 18.58.090.B.4.d (Flood Hazard Evaluation (Requirement for Study (Cross Sectional
Information))) of the Bozeman Municipal Code shall be amended as follows:
d. Cross Sectional Information.
(1) Cross sections shall follow the applicable guidelines established by
the Montana Department of Natural Resource Conservation. If
applicable guidelines are not available, cross section information
shall be as follows:
(a) Cross section elevations and stations should be determined
at points representing significant breaks in ground slope
and at changes in the hydraulic characteristics of the
floodplain (e.g., points where ground cover, soil or rock
conditions change). Elevations must be reported in
NAVD88 or NGVD29 datum.
(b) Each cross section shall cross the entire floodplain. The
cross section alignment should be perpendicular to the
general flow of the watercourse, the slope of the channel
and the hydraulic characteristics of the reach. A minimum
of four cross sections are required over the entire reach
with at least two cross sections at the property where the
elevations are desired. Additional cross sections must be
taken at bridges, control structures or natural constrictions
in topography.
(2) Photogrammetric methods may be used in lieu of cross sections
whenever appropriate and when reviewed and approved by the
City Engineer.
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Ordinance 1812
Page 3 of 5
Section 3
Section 18.58.250 of the Bozeman Municipal Code shall be amended as follows:
18.58.250 FLOODWAY FRINGE - USES ALLOWED WITHOUT PERMITS
All uses allowed in the floodway, according to the provisions of §18.58.210 18.58.200, BMC of
these regulations, shall also be allowed without a permit in the floodway fringe.
Section 4
The introductory paragraph only of Section 18.58.260 of the Bozeman Municipal Code shall be
amended as follows:
18.58.260 FLOODWAY FRINGE - USES REQUIRING PERMITS
When a site specific exemption or relaxation of the standards of §18.42.100, BMC allows
utilization of a portion of the floodplain, the uses allowed in the floodway subject to the issuance
of a permit, according to the provisions of §18.58.220 18.58.210 through §18.58.240 18.58.230,
BMC, shall also be allowed by permit within the floodway fringe. In addition, new construction,
substantial improvements and alterations to structures are allowed by permit. This includes but is
not limited to residential, commercial and industrial construction and suitable fill to be allowed
by permit from the City Floodplain Administrator, subject to the following conditions:
…
Section 5
Repealer
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the
City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 6
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance. All other provision of
the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and
effect.
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Ordinance 1812
Page 4 of 5
Section 7
Severability
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity
of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal
Code as a whole.
Section 8
Codification
The provisions of Section 1, 2, 3, and 4 shall be codified as appropriate in Title 18, Unified
Development Ordinance, of the Bozeman Municipal Code. All references within the Bozeman
Municipal Code shall be revised to reflect the changes in this ordinance.
Section 9
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption, or September
2, 2011, whichever is later.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the _______ day of _______, 2011.
____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
317
Ordinance 1812
Page 5 of 5
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ____ day of
________________, 2011. The effective date of this ordinance is __________, __, 2011.
____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
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1 0 10.5 Mile
¯FEMA Flood Zones
This map was created by the City of Bozeman GIS Department on 6/28/11 and is intended for planning purposes only.Floodway data was provided by FEMA with an effective date of 9/2/11.The official FEMA floodplain maps are available for viewing at the City of Bozeman Engineering Department.For more information please call 582-2280 or visit the following website: http://montanadfirm.com/status/Gallatin/default.htm
1 inch = 1,000 feet
Legend
City Limits
Stream or Ditch
FEMA DFIRM
Zone AE Floodway
Zone AE
0.2% Annual Chance Flood Hazard
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