A floodplain permit is administrative in nature and is intended to ensure that land uses located in the Floodplain Overlay District comply with the requirements in Article 9.
A floodplain permit must be obtained before any of the following is initiated in the Floodplain Overlay District:
A. 
New development, broadly construed;
B. 
Repair, modification, or addition to an existing structure; or
C. 
Change in the use of a building or structure.
The owner of the subject property may submit an application for a floodplain permit.
The general steps outlined below shall be used in the review of an application for a floodplain permit.
A. 
Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.
B. 
Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. If the application is deemed incomplete or if additional information is requested, the Zoning Administrator will take no further steps to process the application until the deficiencies are remedied or the information is provided. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
C. 
Decision. When the Zoning Administrator determines the application is complete, he or she makes a decision based on the decision criteria in this division to i) approve the floodplain permit, ii) approve the floodplain permit with conditions, or iii) deny the floodplain permit.
D. 
Applicant notification. Within a reasonable time following his or her decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
E. 
Public record copy. A copy of the decision document is retained as a public record.
In determining whether to issue a floodplain permit or deny the permit, the Zoning Administrator shall determine whether the proposed use is consistent with the standards in Article 9.
A. 
The application submittal shall include an application form as may be used by the Village and a site plan prepared at a scale of one inch equals 20 feet or other appropriate scale depicting the information listed in Appendix F.[1] The application at a minimum shall include the following:
(1) 
Name and address of the property owner;
(2) 
Legal description of the subject property;
(3) 
A description of the proposed project;
(4) 
The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study, either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
(5) 
Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Division 4 or 6 of Article 9 are met; and
(6) 
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 170.1221. This may include any of the information noted in § 170.1232.
[1]
Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.
B. 
In addition to the information listed in Appendix F, the following shall be depicted on the site map:
(1) 
Elevation of existing and proposed roads located in the floodplain;
(2) 
Elevation of existing and proposed wellheads located in the floodplain; and
(3) 
Elevation of existing and proposed buildings located in the floodplain.
A. 
Project involving construction. For a project involving any construction, a floodplain permit shall automatically expire 12 months after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed 12 months, provided that:
(1) 
The permit holder requests the extension prior to the expiration of the permit;
(2) 
The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and
(3) 
The project complies with this chapter in effect at the time the extension is granted.
B. 
Change in use. For a change in use, the floodplain permit shall automatically expire six months after the date of issuance if the applicant does not move into the vacant space.
An aggrieved person may appeal a final decision made pursuant to this division by filing an administrative appeal with the Zoning Board of Appeals within 30 calendar days of the final decision.