[Ord. No. 930, § 4.1, 7-27-2010]
(a)
A development permit shall be obtained before construction or development begins within any special flood hazard area established in Section 8.3-8. Application for a development permit shall be made on forms furnished by the city auditor and may include, but not be limited 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 materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1)
Elevation in relation to mean sea level, of the lowest floor
of all structures;
(2)
Elevation in relation to mean sea level to which any structure
has been floodproofed;
(3)
Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the floodproofing criteria in Section 8.3-22(2) and,
(4)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 930, § 4.2, 7-27-2010]
The building official is hereby appointed to administer and
implement this chapter by granting or denying development permit applications
in accordance with its provisions.
[Ord. No. 930, § 4.3, 7-27-2010]
(a)
Duties of the building official shall include, but not be limited
to:
(1)
Permit review.
(a)
Review all development permits to determine that the permit
requirements of this chapter have been satisfied.
(b)
Review all development permits to determine that all necessary
permits have been obtained from those federal, state, or local governmental
agencies from which prior approval is required.
(c)
Review all development permits to determine if the proposed
development is located in the floodway. If located in the floodway,
assure that the encroachment provisions of Section 8.3-23(1) are met.
(2)
Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 8.3-8, Basis for establishing the special flood hazard areas, the building official shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available (known as best available data) from a federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in the floodplain are administered in accordance with Section 8.3-22, Specific standards.
(3)
Information to be obtained and maintained.
(a)
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
(c)
Maintain for public inspection all records pertaining to the
provisions of this chapter.
(4)
Alteration of watercourses. The responsible person shall:
(a)
Notify nearby communities, water resource districts, and the
North Dakota State Engineer, as necessary, prior to any alteration
or relocation of a watercourse, and submit evidence of such notification
to the Federal Emergency Management Agency.
(b)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
not diminished; and,
(c)
Notify the appropriate water resource district prior to removal
or placement of fill within 200 feet of the bank of a body of water
during normal flow or stage.
(5)
Interpretation of flood insurance rate map (FIRM) boundaries. Make interpretation where needed, as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8.3-18.
[Ord. No. 930, § 4.4, 7-27-2010]
(1)
Appeal board.
(a)
The Williston City Commission as established by the City of
Williston shall hear and decide appeals and requests for variances
from the requirements of this chapter.
(b)
The Williston City Commission shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the building official in the enforcement
or administration of this chapter.
(c)
Those aggrieved by the decision of the Williston City Commission,
or any taxpayer, may appeal such decision to the district court, as
provided in NDCC 40-47-11, 11-33-12, or 58-03-14.
(d)
In passing upon such applications, the Williston City Commission
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this ordinance; and:
1.
The danger that materials may be swept onto other lands to the
injury of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The necessity to the facility of a waterfront location, where
applicable;
6.
The availability of alternative locations, for the proposed
use which are not subject to flooding or erosion damage;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site; and
11.
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
(e)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre to less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-11) in Section 8.3-18(1)(d) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(f)
Upon consideration of the factors of Section 8.3-18(1)(d) and the purposes of this chapter, the Williston City Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(g)
The building official shall maintain the records of all appeal
actions and report any variances to the Federal Emergency Management
Agency upon request.
(2)
Conditions for variances.
(a)
Variances may be issued for the reconstruction, rehabilitation,
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this section.
(b)
Variances shall not be issued within the identified floodplain
if any increase in flood levels during the base flood discharge would
result.
(c)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(d)
Variances shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and,
3.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, cause fraud on or victimization of the public as identified in Section 8.3-18(1)(d), or conflict with existing local laws or ordinances.
(e)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
