A development permit shall be obtained before any construction or other development begins within any area of the jurisdiction of the city. Application for a development permit shall be made on forms furnished by the floodplain administrator and, for sites located in the special flood hazard area established in section
3.05.007, may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question, existing or proposed structures, fill, storage of materials, and drainage facilities, and the location of the foregoing. Specifically, the following information is required:
(1) Site
plan, including but not limited to:
(A) For all proposed structures, spot ground elevations at building corners
and one-foot contour elevations throughout the building site;
(B) Proposed locations of water supply, sanitary sewer, and utilities;
(C) If available, the base flood elevation from the flood insurance study
and/or flood insurance rate map;
(D) If applicable, the location of the special flood hazard area and
floodway; and
(2) Foundation
design detail, including but not limited to:
(A) Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
(B) For a crawlspace foundation, location and total net area of foundation openings as required in section
3.05.061(6)(C) of this article and FEMA Technical Bulletins 1-93 and 7-93;
(C) For foundations placed on fill, the location and height of fill,
and compaction to be achieved (compacted to a minimum of 95 percent
using the standard Proctor test method);
(D) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in section
3.05.061(6)(B) of this article and FEMA Technical Bulletin TB 3-93;
(E) All appropriate certifications listed in section
3.05.034(4) of this article; and
(F) Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.316)
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;
(2) The
susceptibility of the proposed facility and its contents to flood
damage and the effect of such 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;
(10) The relationship of the proposed use to the comprehensive plan for
that area.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.317)
The city building official or his appointed representative is
hereby appointed to administer, implement, and enforce this article
by granting or denying development permits in accord with its provisions.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.318)
The duties and responsibilities of the floodplain administrator
shall include but not be limited to the following:
(1) Permit review.
Review all development permits to determine
that:
(A) Permit requirements of this article have been satisfied;
(B) All other required state and federal permits have been obtained;
(C) The site is reasonably safe from flooding; and
(D) The proposed development does not adversely affect the flood-carrying
capacity of areas where base flood elevations have been determined
but a floodway has not been designated. For purposes of this article,
“adversely affects” means that the cumulative effect of
the proposed development when combined with all other existing and
anticipated development will increase the water surface elevation
of the base flood more than one foot at any point.
(2) Review, use and development of other base flood data.
(A) When base flood elevation data has not been provided in accordance with section
3.05.007, the floodplain administrator may obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer division 3. Any such information shall be submitted to the city for adoption; or
(B) If no base flood elevation data is available from a federal or state
agency or other source, then a base flood elevation shall be obtained
using one of two methods from the FEMA publication “Managing
Floodplain Development in Approximate Zone A Areas, A Guide for Obtaining
and Developing Base (100-year) Flood Elevations” dated July
1995 in order to administer division 3.
(i) Simplified method:
a. 100-year or base flood discharge shall be obtained using the appropriate
regression equation found in a U.S. Geological Survey publication,
or the discharge-drainage area method; and
b. Base flood elevation shall be obtained using the Quick-2 computer
program developed by FEMA; or
(ii)
Detailed method:
a. 100-year or base flood discharge shall be obtained using the U.S.
Army Corps of Engineers’ HEC-HMS computer program; and
b. Base flood elevation shall be obtained using the U.S. Army Corps
of Engineers’ HEC-RAS computer program.
(3) Notification of other agencies.
In alteration or relocation
of a watercourse:
(A) Notify adjacent communities, the state commission on environmental
quality, and U.S. Army Corps of Engineers prior to development approval;
(B) Submit evidence of such notification to the Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency; and
(C) Assure that the flood-carrying capacity within the altered or relocated
portion of said watercourse is maintained.
(4) Documentation of floodplain development.
Require and
maintain for public inspection and make available as needed the following:
(B) Certification required by section
3.05.061(6)(B) (elevation or floodproofing of nonresidential structures);
(D) Certification of elevation required by section
3.05.063(b) (subdivision standards);
(E) Certification required by section
3.05.066(1) (floodway encroachments); and
(F) Reports required by section
3.05.067 (mudflow standards).
(5) Map determinations.
Make interpretations, where needed,
as to the exact location of the boundaries of the areas of special
flood hazard. Where there appears to be a conflict between a mapped
boundary and actual field conditions, grade and base flood elevations
shall be used to determine the boundaries of the special flood hazard
area. The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided
in division 4.
(6) Remedial action.
Take action to remedy violations of this article as specified in section
3.05.008.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.319)
The board of adjustment of the city shall hear and decide appeals
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.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.320; Ordinance adopting 2019 Code)