(a)
The
city manager or designee is hereby appointed the floodplain administrator
to administer and implement the provisions of this article and other
appropriate sections of 44 CFR (Emergency Management and Assistance
- National Flood Insurance Program regulations) pertaining to floodplain
management.
(b)
Duties
and responsibilities of the floodplain administrator shall include
but not be limited to the following:
(1)
Maintain and hold open for public inspection all records pertaining
to the provisions of this article;
(2)
Review permit applications to determine whether proposed building
sites, including the placement of manufactured homes, will be reasonably
safe from flooding;
(3)
Review, approve or deny all applications for development permits
required by adoption of this article;
(4)
Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies, including section 404 of the federal Water Pollution Control
Act Amendments of 1972, 33 USC 1344, from which prior approval is
required;
(5)
Where interpretation is needed as to the exact location of the boundaries
of areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions),
the floodplain administrator shall make the necessary interpretation;
(6)
Notify, in riverine situations, adjacent communities and the state
water development board, and also the state commission on environmental
quality, prior to any alteration or relocation of a watercourse, and
submit evidence of the notification to the Federal Emergency Management
Agency;
(7)
Require the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained;
(8)
When base flood elevation data has not been provided in accordance with section 3.05.007, the floodplain administrator shall obtain, review and utilize base flood elevation data and floodway data available from a federal, state or other reasonable source, in order to administer the provisions of division 2 of this article;
(9)
When a regulatory floodway has not been designated, the floodplain
administrator must require that no new construction, substantial improvements,
or other development, including fill, shall be permitted within zones
A1-30 and AE on the city’s FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase
the water surface elevation of the base flood at any point within
the community, unless such increase is less than 6 inches and is demonstrated
to be completely contained within the property being developed.
(Ordinance 2009-27 adopted 11/9/09)
(a)
Application for development permit.
(1)
A floodplain development permit application shall be presented to
the floodplain administrator on forms furnished by him or her and
may include but not be limited to plans in duplicate drawn to scale
showing the location, dimensions and elevation of proposed landscape
alterations, existing and proposed structures, including the placement
of manufactured homes, and the location of the foregoing in relation
to areas of special flood hazard. All developers, owners or builders
shall obtain a floodplain development permit before beginning any
projects in floodplain areas, such as constructing new buildings and
infrastructure, substantially improving existing structures, filling
land and altering watercourses. Construction or renovation projects
shall not begin until the city issues a floodplain development permit.
(2)
Additionally, the following information is required:
(A)
Elevation, in relation to mean sea level, of the lowest floor, including
basement, of all new and substantially improved structures.
(B)
Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed.
(C)
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 3.05.042.
(D)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development,
including grading plans with contours not more than a 2-foot interval
or as required for sufficient detail as determined by the floodplain
administrator.
(E)
The location and elevation of the base flood for both existing conditions
and fully developed conditions. The location and elevation of the
existing conditions base flood may be based on the city’s FIRMs
for areas that have been studied in detail and no floodplain alteration
is proposed. Both the existing and fully developed base flood location
and elevation shall be based on a detailed study as part of an application
for a CLOMR where no detailed study of the floodplain exists and where
floodplain alterations are proposed unless otherwise stated in writing
by the floodplain administrator.
(F)
An engineering report with the following recommended format shall
be provided for all subdivisions and new construction in floodplains:
(i)
Description of the project and the hydrologic and hydraulic
analyses used.
(ii)
Vicinity map.
(iii)
Summary table with existing and proposed base flood elevations
and velocities.
(iv)
Documentation that the principle of equal conveyance has been
achieved.
(v)
Copies of input and output data for hydrologic and hydraulic
models for the existing and proposed conditions for the existing base
flood and the fully developed base flood together with the 10-year,
50-year and 500-year floods.
(vi)
Evaluation of the effective floodway and any proposed modifications
to the floodway for the existing base flood and the fully developed
base flood.
(vii)
Engineering plans including the following recommended elements:
a.
Existing and proposed water surface profiles including existing
and proposed channel flow lines showing the location and number designation
of cross-sections;
b.
Existing and proposed floodplain and floodway limits, boundary
lines, streets and contours showing the location and number designation
of cross-sections;
c.
The location, dimensions, etc., of all other associated improvements
or alterations to the creek or floodplain;
d.
The location of all existing and proposed easements and other
dedications;
e.
Plots of cross-sections showing scale, existing and proposed
ground elevations with cut and/or fill areas labeled, limits and values
for existing and proposed “n” values and equal conveyance
removed from both sides.
(G)
Maintain a record of all such information in accordance with section 3.05.071(b).
(b)
Approval or denial of development permit.
Approval or
denial of a development permit by the floodplain administrator shall
be based on all of the provisions of this article and the following
relevant factors:
(1)
The danger to life and property due to flooding or erosion damage;
(2)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of the damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury
of others;
(4)
The compatibility of the proposed use with existing and anticipated
development;
(5)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(6)
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical
and water systems;
(7)
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;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use; and
(10)
The relationship of the proposed use to the comprehensive plan for
that area.
(Ordinance 2009-27 adopted 11/9/09)
(a)
The
appeal board as established by the city shall hear and render judgment
on requests for variances from the requirements of this article.
(b)
The
appeal board shall hear and render judgment on an appeal only when
it is alleged there is an error in any requirement, decision or determination
made by the floodplain administrator in the enforcement or administration
of this article.
(c)
Any
person or persons aggrieved by the decision of the appeal board may
appeal the decision in the courts of competent jurisdiction.
(d)
The
floodplain administrator shall maintain a record of all actions involving
an appeal and shall report variances to FEMA upon request.
(e)
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 article.
(f)
Variances
may be issued for new construction and substantial improvements to
be erected on a lot of 1/2 acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the
base flood level, providing the relevant factors herein have been
fully considered. As the lot size increases beyond 1/2 acre, the technical
justification required for issuing a variance increases.
(g)
Upon
consideration of the factors noted above and the intent of this article,
the appeal board may attach such conditions to the granting of variances
as it deems necessary to further the purpose and objectives of this
article.
(h)
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(i)
Variances
may be issued for the repair or rehabilitation of historic structures
upon a determination that the proposed rehabilitation or repair will
not preclude the structure’s continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(j)
Prerequisites
for granting variances:
(1)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(2)
Variances shall only be issued upon:
(A)
Showing a good and sufficient cause;
(B)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(C)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(3)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest
floor elevation at an elevation less than two (2) feet above 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.
(k)
Variances
may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use; provided that:
(Ordinance 2009-27 adopted 11/9/09)
To minimize possible losses of life and property, the following
uses and structures are permitted in a floodplain area, provided they
are also permitted in the underlying zoning district:
(1)
Farm
or ranch;
(2)
Local
utilities, electrical substation, water reservoir or pumping station
and water treatment plant if protected from damage during times of
flood;
(3)
Public
park or playground, private recreation club or area, private community
center and golf course, if provided with controlled access during
time of flood;
(4)
Parking
lots designed in accordance with this article;
(5)
Radio,
television or microwave tower and amateur communications tower protected
from flood damage and with a conditional use permit;
(6)
Open
private recreation clubs or areas and private centers without exterior
walls are permitted in floodplain areas. Private and public facilities
listed above with enclosed walls that would incur damage are not permitted
in floodplain areas.
(Ordinance 2009-27 adopted 11/9/09)
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the provisions
of this article and other applicable regulations. Any person, firm
or corporation violating any of the provisions of this article shall
be deemed guilty of a misdemeanor and, upon conviction in the municipal
court of the city, shall be subject to a fine not to exceed the sum
of $2,000.00 for each offense. Each and every day a violation is continued
shall constitute a separate offense. Nothing herein contained shall
prevent the city from taking such other lawful action as is necessary
to prevent or remedy any violation.
(Ordinance 2009-27 adopted 11/9/09)
