[R.O. 2009 §8-31; Ord. No. 1077 §1, 12-28-2004]
The Police Chief is hereby designated as the Flood Plain Administrator
under this Chapter.
[R.O. 2009 §8-32; Ord. No. 1077 §1, 12-28-2004]
A.
Duties
of the Flood Plain Administrator shall include, but not be limited
to:
1.
Review of all application for flood plain development permits to
assure that sites are reasonably safe from flooding and that the flood
plain development permit requirements of this Chapter have been satisfied;
2.
Review of all applications for flood plain development permits for
proposed development to assure that all necessary permits have been
obtained from Federal, State or local governmental agencies from which
prior approval is required by Federal, State or local law;
3.
Review all subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, to determine whether
such proposals will be reasonable safe from flooding;
4.
Issue flood plain development permits for all approved applications;
5.
Notify adjacent communities and the State Emergency Management Agency
prior to any alteration or relocation of a watercourse and submit
evidence of such notification to the Federal Emergency Management
Agency (FEMA);
6.
Assure that the flood-carrying capacity is not diminished and shall
be maintained within the altered or relocated portion of any watercourse;
7.
Verify and maintain a record of the actual elevation (in relation
to mean sea level) of the lowest floor, including basement, of all
new or substantially improved structures;
8.
Verify and maintain a record of the actual elevation (in relation
to mean sea level) that the new or substantially improved non-residential
structures have been floodproofed;
9.
When floodproofing techniques are utilized for a particular non-residential
structure, the Flood Plain Administrator shall require certification
from a registered professional engineer or architect.
[R.O. 2009 §8-33; Ord. No. 1077 §1, 12-28-2004]
No development located within the special flood hazard areas
of this community shall be located, extended, converted or structurally
altered without full compliance with the terms of this Chapter and
other applicable regulations.
[R.O. 2009 §8-34; Ord. No. 1077 §1, 12-28-2004]
The degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare occasions
or the flood heights may be increased by manmade or natural causes,
such as ice jams and bridge openings restricted by debris. This Chapter
does not imply that areas outside the floodway and flood fringe or
land uses permitted within such areas will be free from flooding or
flood damage. This Chapter shall not create a liability on the part
of City, any officer or employee thereof for any flood damages that
may result from reliance on this Chapter or any administrative decision
lawfully made thereunder.
[R.O. 2009 §8-35; Ord. No. 1077 §1, 12-28-2004]
Violation of the provisions of this Chapter or failure to comply
with any of its requirements (including violations of conditions and
safeguards established in connection with granting of variances) shall
constitute a misdemeanor. Any person who violates this Chapter or
fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than fifty dollars ($50.00) per day and
a maximum penalty of five thousand dollars ($5,000.00) and, in addition,
shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense. Nothing
herein contained shall prevent the City or other appropriate authority
from taking such other lawful action as is necessary to prevent or
remedy any violation.
[R.O. 2009 §8-51; Ord. No. 1077 §1, 12-28-2004]
A flood plain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 410.050. No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate flood plain development permit for each structure or other development.
[R.O. 2009 §8-52; Ord. No. 1077 §1, 12-28-2004]
A.
To
obtain a flood plain development permit, the applicant shall first
file an application in writing on a form furnished for that purpose.
Every flood plain development permit application shall:
1.
Describe the land on which the proposed work is to be done by lot,
block and tract, house and street address or similar description that
will readily identify and specifically locate the proposed structure
or work;
2.
Identify and describe the work to be covered by the flood plain development
permit;
3.
Indicate the use or occupancy for which the proposed work is intended;
4.
Indicate the assessed value of the structure and the fair market
value of the improvement;
5.
Specify whether development is located in designated flood fringe
or floodway;
6.
Identify the existing base flood elevation and the elevation of the
proposed development;
7.
Give such other information as reasonably may be required by the
Flood Plain Administrator;
8.
Be accompanied by plan and specifications for proposed construction;
and
9.
Be signed by the permittee or his/her authorized agent who may be
required to submit evidence to indicate such authority.
