425.050 Administration.
A. Establishment of Development Permit.
(1) Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 425.040(B). The permit shall be for all structures including manufactured homes, as set forth in Section 720.030, Definitions, and for all development including fill and other activities, also as set forth in Section 720.030, Definitions.
(2) Application for Development Permit. Application for a development permit shall be made on forms furnished by the Planning Department and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
(a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(b) Elevation in relation to mean sea level of floodproofing of any structure;
(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 425.080(C); and
(d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
B. Designation of the Local Floodplain Administrator. The City Manager, or designee, is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
C. Duties and Responsibilities of the Local Floodplain Administrator. Duties of the local floodplain administrator shall include, but not be limited to:
(1) Development Permit Application and Review. Review all development permits to determine that the permit requirements of this section have been satisfied.
(a) Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
(b) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 425.100 are met.
(c) Provide to building officials the base flood elevation and freeboard applicable to any building requiring a building permit.
(d) Review all development permit applications to determine if the proposed development qualifies as a substantial improvement, as set forth in Section 720.030, Definitions.
(2) Use of Other Base Flood Data (in A Zones). When base flood elevation data has not been provided (A) in accordance with Section 425.040(B), Basis for Establishing the Areas of Special Flood Hazard, the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 425.080, Specific Standards, and 425.090, Before Regulatory Floodway.
(3) Review of Building Permits. Where a FIRM and Flood Insurance Study have not been provided by the Federal Insurance Administration and elevation data is not available from another authoritative source (subsection (C)(2) of this section), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates.
(4) Information to be Obtained and Maintained.
(a) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in subsection (C)(2) of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement;
(b) For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in subsection (C)(2) of this section;
(c) Verify and record the actual elevation (in relation to mean sea level); and
(d) Maintain the floodproofing certifications required in subsection (A)(2)(c) of this section;
(e) Maintain for public inspection all records pertaining to the provisions of this section.
(5) Alteration of Watercourses.
(a) Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration as required in subsection (C)(6) of this section.
(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
(6) Requirement to Submit New Technical Data.
(a) Notify FEMA within six (6) months of project completion when an applicant had obtained a conditional letter of map revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries, or modified base flood elevations. This notification shall be provided as a letter of map revision (LOMR).
(b) The property owner shall be responsible for preparing technical data to support the LOMR application and paying any processing or application fees to FEMA.
(c) The Floodplain Administrator shall be under no obligation to sign the community acknowledgement form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this section and all applicable state and federal laws.
(7) Interpretation of FIRM Boundaries. Make interpretations where needed, as to 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 425.060. (Ord. 2-2018 § 2 (Att. B))