The city engineer is hereby appointed to administer and implement
the provisions of this chapter.
(1965 Code, app. B, art. IV, sec. A)
Duties and responsibilities of the city floodplain administrator
shall include, but not be limited to:
(1) Maintaining
and holding open for public inspection all records pertaining to the
provisions of this chapter;
(2) Reviewing,
approving or denying all applications for development permits required
by adoption of this chapter;
(3) Reviewing
permits for proposed development to assure that all necessary permits
have been obtained from those federal, state or local governmental
agencies from which prior approval is required;
(4) Where
interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions),
the city engineer shall make the necessary interpretation;
(5) Notifying
adjacent communities and the state water commission, prior to any
alteration or relocation of a watercourse, and submitting evidence
of such notification to the Federal Emergency Management Agency;
(6) Assuring
that maintenance is provided within the altered or relocated portion
of such watercourse so that the flood-carrying capacity is not diminished,
where appropriate easements are provided;
(7) When base flood elevation data for various flood-prone areas have not been provided in accordance with section
7-6, the city engineer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of article III;
(8) No new
construction, substantial improvements or other development (including
cut and/or fill) shall be permitted within Zone A1-30 on the community's
FIRM, unless it is first demonstrated, by engineering data submitted
by the applicant in accordance with the procedures as set forth in
this chapter, 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.
(1965 Code, app. B, art. IV, sec. B)
(a) The city
council shall hear and render judgment on requests for variances from
the requirements of this chapter. Variance requests shall be processed
as follows:
(1) For
cut and/or fill, building or building permits, the applicant shall
present the disapproved permit to the council, together with information
as to why the variances should be granted. The council will then hear
the request as soon as practical.
(2) For
subdivision plats, the applicant may submit the disapproved permit
and the request for variance, prior to plat submission or in conjunction
with other data required for the platting process. This request shall
be handled similar to paragraph (a) above. If the applicant chooses
to submit the disapproved permit as part of the plat submission process,
then the variance request shall be handled similar to other variances
requested under the subdivision regulations, except that criteria
for the floodplain variance shall be governed by this section.
(3) The
city engineer shall reply in writing as to his evaluation of the applicant's
request and make a recommendation as to approval or denial of the
variance request.
(4) If
the council approves the request, the permit will be issued with variances
or any special conditions that are attached to the variance.
(b) Any person
or persons aggrieved by the decision of the council may appeal such
decision to a court of competent jurisdiction.
(c) The city
engineer shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency
upon request.
(d) Variances,
without regard to the procedures set forth in the remainder of this
section, may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Sites and
Places or the state historic survey list.
(e) Upon
consideration of the factors noted above and the intent of this chapter,
the council may attach such conditions to the granting of variances
as it deems necessary to further the purpose and objectives of this
chapter.
(f) Variances
shall not be issued within any designated flood-way if any increase
in flood levels during the base flood discharge would result.
(g) 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 be granted only 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, extraordinary public
expense, create nuisances, cause fraud on or victimization of the
public or conflict with existing local laws or ordinances.
(h) Any applicant
to whom a variance or variances are granted shall be given written
notice of the specific parts of the floodplain chapter for which variances
were granted and that the cost of flood insurance will be commensurate
with the increased risk resulting from the granting of the variance
or variances.
(i) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that (i) the criteria outlined in section
7-33 are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(1965 Code, app. B, art. IV, sec. D)
A floodplain development permit shall be required for all development
in any area of special flood hazard as defined in this chapter to
ensure conformance with the provisions of this chapter.
(1965 Code, app. B, art. III, sec. C)
No structure or land in an area of special flood hazard shall
hereinafter be located, altered, have its use changed or otherwise
be developed unless a floodplain development permit has been issued
pursuant to the terms of this chapter.
Requests for floodplain development permits for proposed development
in the Flood Zone AE areas of the city shall be processed in accordance
with the following requirements:
(1) For new structures for which no footprint existed prior to the effective date of this section, or for the expansion of the footprint of structures existing prior to the effective date of this section, an application for a floodplain development permit shall comply with section
7-4, section
7-32, section
7-53, section
7-71, section
7-72, section
7-74, section
7-75, section
7-111, section
7-113 and section
7-114 as such sections may apply.
(2) For (i) interior remodeling of an existing structure; (ii) exterior remodeling of an existing structure that does not change the existing footprint, first floor elevation or elevation of the land; (iii) removal and replacement of an existing structure with a new structure of the same footprint, first floor elevation and location, or in an improved location, and no change in the elevation of the land; (iv) replacement of multiple existing structures with one structure up to the aggregate footprint of the multiple structures and in keeping with (iii) above; or (v) replacement of an existing structure or structures such that they are elevated on columns or pilings such that the lowest horizontal structural elements are at or above the base flood elevation and the elevation of the land is not changed, and in keeping with (iii) above, an application for a floodplain development permit shall comply with section
7-4, section
7-71, section
7-72, section
7-74, section
7-75, section
7-113 and section
7-114 as such sections may apply. Further, work allowed under subsection
(2) must present the least possible resistance to the flow of the base flood, which can be accomplished by orientation of the structure, minimal structural elements, and other design features.
Work permitted hereunder must be started within six (6) months
of the date of approval of the required floodplain development permit,
otherwise the permit shall become null and void.
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(1965 Code, app. B, art. III, sec. D; Ordinance 1637 adopted 5/8/2006; Ordinance 1861 adopted 4/12/2010)
(a) Application for a floodplain development permit shall be presented to the city engineer, on forms furnished by him, prior to any proposed cut and/or fill or building. Application for a floodplain development permit for a proposed subdivision may be presented prior to or in conjunction with other data required for the platting process. For platting purposes, a floodplain development permit shall serve only as an approval of the floodplain chapter requirements. No cut and/or fill, building or other site alterations shall proceed until the permit is approved. The permit application shall be accompanied by supporting hydrology and hydraulic data prepared by a registered professional civil engineer, in accordance with the forms article of this chapter. It may also include, but not be limited to, plans in duplicate drawn to scale showing the locations, dimensions and elevations of proposed structures, and the location of the foregoing in relation to areas of special flood hazard. See section
7-114 for supplementary application floodplain development permit for building or structure in the flood hazard area. Additionally, the following information is required:
(1) Elevation,
in relation to mean sea level, of the lowest floor (including basement)
of all proposed structures;
(2) Elevation,
in relation to mean sea level, to which any nonresidential structure
shall be floodproofed;
(3) Certification from a registered professional civil engineer or registered architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section
7-72(2);
(4) Certification
of the fair market value of an existing structure, prepared by a certified
real estate appraiser, and a cost estimate of proposed improvements
to such structure, prepared by a registered architect or registered
professional engineer, shall be submitted to verify whether or not
the proposed improvements exceed fifty (50) percent of the fair market
value of the existing structure. In the case of a structure that has
suffered damage, the data will verify the fair market value of the
structure before the damage occurred;
(5) Description
by a registered professional civil engineer of the extent to which
any watercourse or natural drainage will be altered or relocated as
a result of proposed development.
(6) Permit
review fee in the amount of one thousand five hundred dollars ($1,500.00)
to cover the cost for the city to secure from its floodplain consultant
a review of the applicant's permit application, and for the cost of
processing the permit application.
(b) Approval
or denial of a floodplain development permit by the city engineer
shall be based on all of the provisions of this chapter and the following
relevant factors outlined below. A permit shall be denied if any factor
is not satisfactorily addressed.
(1) The danger to life and property due to flooding or erosion damage; velocities in excess of six (6) fps shall be considered erosive, and the product of the velocity times the depth of flow in excess of that shown as within the "safe range" by section
7-112 shall be considered dangerous. Mitigating measures shall be addressed;
(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; materials to be stored in special flood hazard areas shall
be properly restrained by anchorage or restraints so that flotation
and displacement will not occur during the inundation period;
(4) Access
to the property elevated to or above the elevation of the flood of
record for ordinary and emergency vehicles must be provided for new
construction and proposed subdivisions;
(5) The
cost of providing governmental services during and after flooding
conditions;
(6) 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 sites, shall be analyzed as delineated in section
7-111;
(7) The
availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(8) The
relationship of the proposed use to the comprehensive plan for that
area with respect to the dedication of additional drainage easement,
in accordance with the existing subdivision regulations.
(c) All proposed drainage improvements to be made within the limits of the areas of special flood hazard as set forth in section
7-6 shall require a performance bond which shall be filed with the city engineer after the approval of the floodplain development permit. For improvements being made in a subdivision under the requirements:
(1) A
performance bond will be executed by a surety company, licensed to
do business in the state in an amount equal to the cost estimate,
such cost estimate to include an inflation factor based upon a locally
recognized construction cost index, as approved by the city engineer,
of all uncompleted and unaccepted improvements required by this chapter;
with the condition that the developer shall complete such improvements
and have them approved by the city engineer within three (3) years
from the date of approval of the floodplain development permit;
(2) The performance bond shall be substantially in the same form as the bond instrument set out in section
7-113 of this chapter. The city engineer is authorized to sign the bond instrument on behalf of the city and the city attorney shall approve the same as to form.
(d) If a
floodplain development permit application is disapproved, the city
engineer shall notify the applicant in writing of the section and
specific requirement of the floodplain chapter within which the proposed
development does not comply and the nature of such noncompliance.
(1965 Code, app. B, art. IV, sec. C; Ordinance 1563 adopted 9/13/2004)
It shall be unlawful to develop any property within an area
of special flood hazard, except in accordance with the terms of a
floodplain development permit. Drawings and other material or criteria,
submitted to the city engineer in applying for such permit, shall,
upon approval and issuance of such a permit, be a part of a condition
and term of such permit. In addition, all standards and requirements
of this chapter and all factors listed herein as relevant in approving
or denying such permit shall be a part of such a permit and a condition
and term of such a permit. In addition to named materials required
to be submitted in applying for such a permit, the city engineer may
require additional submission in order to verify whether such a permit
should be issued. The conditions and terms shall constitute a continuing
obligation upon all future occupants or users of the land, to the
extent the same are applicable after development has been completed.
(1965 Code, app. B, art. VI, sec. C)