(a) It shall be unlawful for any person to begin construction or other development activity, including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure, or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1464.06, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met. All floodplain permits shall be signed by both the Floodplain Administrator and the City Engineer.
(b) Permitting Sequence.
(1) For subdivisions or commercial developments that must have Planning approval.
A. Floodplain development permit. An application must be submitted and Floodplain Development Permit approved prior to seeking Final Plat (subdivisions) or a Final Development Plan (commercial developments) approval by Planning Commission.
B. CLOMR/LOMR. If the B.F.E. is indicated that it will be raised during the Floodplain Development Permit, then a CLOMR must be submitted and approved by FEMA prior to Floodplain Development Permit approval by the City. Within 6 months of the date that as-built technical data showing the increased BFE becomes available or completion of the development (whichever is first), the applicant must apply for and acquire a LOMR.
C. LOMR/LOMR-F/LOMR-FW. If any proposed development or project intends to remove an area from the SFHA through a LOMR, LOMR-F (if fill will be placed in the SFHA), or a LOMR-FW (if fill will be placed in the floodway), a CLOMR or CLOMR-F must first be submitted and approved by FEMA prior to receiving any building permits (this includes building permits for structures, not for subdivision site work).
D. Certificate of compliance. Prior to final acceptance of a subdivision by Council or prior to the issuance of a final occupancy permit by the Building Department (commercial developments)for which a Floodplain Development Permit had been previously issued, a Certificate of Compliance must be issued by the Floodplain Administrator for the subdivision. This shall include verification that a LOMR/LOMR-F/LOMR-FW for the subdivision has been obtained from FEMA as well as reviewing the as-builts of the subdivision or commercial development for any roadways, Stormwater Control Measures (SCMs), storm sewer system, sanitary sewer system and final grading within the subdivision to verify that those items have been constructed in general conformance with the supporting documentation and plans upon which the current Floodplain Development Permit was issued.
(2) For structures.
A. Floodplain development permit. Must be submitted and approved prior to topography map approval. This may be omitted if a Floodplain Development Permit was issued for a house within a subdivision that had previously received a Floodplain Development Permit.
B. CLOMR/LOMR. If an increase in BFE is proposed in the Floodplain Development Permit application, then a CLOMR must be submitted and approved by FEMA prior to Floodplain Development Permit approval by the City. Within 6 months of the date as-built technical data showing the increased BFE becomes available or completion of the development (whichever is first), the applicant must apply for and acquire a LOMR. A CLOMR may not be required if the subject structure is located within a subdivision that had previously received a CLOMR as determined by the Floodplain Administrator.
C. LOMR/LOMR-F/LOMR-FW. If any proposed development or project intends to remove an area from the SFHA through a LOMR, LOMR-F (if fill will be placed in the SFHA), or a LOMR-FW (if fill will be placed in the floodway), a CLOMR, CLOMR-F, or must first be submitted and approved by FEMA prior to receiving any Building Permits (this includes building permits for structures, not for subdivision site work). A LOMR or LOMR-F may not be required if the subject structure is located within a subdivision that had previously received a LOMR/LOMR-F as determined by the Floodplain Administrator.
D. Floodplain Landscaping Permit. Once the final grade has been accepted by the City, but before landscaping has been performed, a floodplain landscaping permit must be submitted to the City. Once the landscaping has been performed, another final grade check will be performed by the City. This is to check to ensure that the grading around a structure has not exceeded the limits of the floodplain development permit.
E. Certificate of compliance. Prior to final occupancy, a certificate of compliance must be issued by the City for the structure. This shall occur once the floodplain landscaping permit has been issued by the City.
(Ord. 96-08. Passed 7-14-08; Ord. 129-12. Passed 11-26-12; Ord. 78-15. Passed 7-13-15; Ord. 10-21. Passed 2-22-21.)