(a) Administration
of this article shall be the responsibility of the city. The city
shall not issue a permit with respect to this article until clearances
necessary from the respective state and federal agencies are obtained.
(b) No
development or activity regulated by this article shall commence in
any area known or suspected to be inundated by the base flood (100-year
return frequency storm) without prior written approval from the city
in accordance with the requirements of this article.
(c) No
zoning clearance, building permit, or plat or subdivision approval
shall be issued for development activity or land subdivision in a
known or suspected base flood area until the proposed use, structure,
development, subdivision or activity is approved by the city.
(d) The
city shall enforce the provisions of this article, and for that purpose
shall have the following additional powers and duties:
(1) Require a registered professional engineer to review and examine
all applications for such permits to assure compliance with the provisions
of this article;
(2) Issue permits and keep permanent records thereof;
(3) Issue certificates indicating compliance with this article and keep
permanent records thereof;
(4) Conduct inspections of buildings, structures, lands and uses as are
necessary to determine compliance with this article. Such inspections
may be made by the building official or inspector in conjunction with
normal building or construction inspections;
(5) Receive, file and forward as necessary all applications pertaining
to this article;
(6) Initiate, direct and review from time to time the provisions of this
article and make recommendations to the council as necessary;
(7) Initiate amendments to this section as may be necessary to comply
with changes in the National Flood Insurance Program;
(8) Revoke permits, certificates of compliance and post stop work orders
where the provisions of this article are being violated;
(9) Require or conduct elevation surveys and monumentation as necessary
to assure compliance;
(10) Issue notices of violation where necessary and take further action
as specified in this article to obtain compliance;
(11) Provide and maintain public information relative to all matters arising
out of this article.
[Code 1984, ch. 3, § 7, art. II(F)]
All applications for building permits shall contain a statement
that such buildings or structures and appurtenances connected herewith
include facilities for the orderly runoff or retention of rain. Plans
submitted with such application shall include a signed statement issued
by a state registered professional engineer that the plans include
facilities adequate to prevent harmful runoff. For single-family dwellings
to be located in a subdivision meeting the requirements of this article,
the signed statement may, in lieu of the above, be placed on the face
of the final plat.
[Code 1984, ch. 3, § 7, art. II(B)]
(a) Any person wishing to develop real estate or accomplish landscape disturbing activities within the city limits of this city must make application for and procure a permit from the city which agrees to compliance with this article. Such application shall be accompanied by plans for the water detention facilities and all other plans called for by this article. The plans shall be drawn and signed by a registered professional engineer. The application shall be on a form provided by the city administrator and accompanied by a fee as provided in appendix
A.
(b) Landscape
disturbing activities which increase the danger of excessive erosion
and sedimentation shall be subject to the terms of this article and
a permit shall be required of all such activities which:
(1) Alter floodway storage or conveyance capacity of a floodway. Where
floodways are not determined, the entire area inundated by the 100-year
flood shall be considered to be a floodway.
(2) Alter existing floodwater or stormwater drainage or storage in a
manner which would divert or direct stormwaters or floodwaters onto
another property so as to cause damage.
(3) Produce a high risk of excessive erosion, sediment transport or deposition.
(c) A permit
shall not be issued unless it can be demonstrated through competent
hydraulic analysis that alteration will not increase flood stages
and/or flood damage to adjacent upstream or downstream properties.
(d) To
secure a permit, the applicant shall submit for approval to the city,
all plans, materials or calculations which are required to demonstrate
conformity with the general requirements of this article.
(e) In
regulating landscape disturbing activities, the city shall have the
authority to:
(1) Require modification of submitted plans where necessary to prevent
damages to other properties and where such modifications are reasonable
and economically feasible;
(2) Issue a stop work order with regard to the landscape disturbing activity
where such activity is in violation of this article or not in compliance
with authorized plans and schedules;
(3) Issue orders requiring corrective measures to be undertaken to bring
landscape disturbing activities in compliance with this article and
any authorized plans and schedules;
(4) Orders issued by the city shall be serviced or posted at the location
of the landscape disturbing activity.
[Code 1984, ch. 3, § 7, art. II(C)]