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(a) Generally. Except as otherwise provided herein, a development must be designed, constructed, operated, and maintained to comply with the performance criteria set forth in this chapter and the Technical Reference Manual, incorporated by reference pursuant to below section 1048.14.
(b) Maintenance. Operation and maintenance activities, as specified in the approved operation and maintenance plan, shall be executed routinely, with scheduled reporting to the Director, as long as the operation permit is in effect.
(c) Modifications. If the activity authorized by the permit is not completed according to the approved schedule and permit conditions, the Director shall be notified by City inspection officials. For revisions resulting in a schedule extension of more than of thirty days, or if deviations from the permit conditions are expected to occur, the applicant shall be required to obtain approval of the permit modification.
(Ord. 11-01. Passed 8-21-01; Ord. 16-2019. Passed 12-17-19.)
The floodplain management criteria shall be as follows:
(a) Base Flood Elevation and Location of Floodplain and Floodway.
(1) The Base Flood Elevations (BFE) shall be as delineated on the 100-year profile and floodplain maps as noted on the FEMA Flood Insurance Study maps and profiles, or the best available information as determined by the Director.
(2) The location of the regulatory floodway and its accompanying flood elevation shall be as delineated on the FEMA regulatory floodway maps.
(3) When no base flood or 100-year frequency flood elevation information exists, the base flood or 100-year frequency flood elevation shall be determined by the licensed professional-engineer using an appropriate model or technique as approved by the Director.
(4) Nothing contained herein shall prohibit the application of these regulations to land that can be demonstrated by engineering survey to lie within any floodplain. Conversely, any lands (except for those located in a regulatory floodway) that can be demonstrated by a topographic survey certified by a state licensed professional engineer or state licensed professional land surveyor to lie beyond the floodplain, and to the satisfaction of the Director, to have been higher than the base flood elevation as of the effective date of the first regulatory floodplain map denoting the site to be in a floodplain, or for unmapped floodplains as of the effective date of the ordinance, shall not be subject to the regulations of this section.
(5) In the case of a site located in the regulatory floodway that is higher than the BFE, it is subject to the regulations of this section until such time as a letter of map revision is received from the FEMA.
(b) Performance Standards Applicable to all Floodplain Development.
(1) Modification and disturbance of natural riverine floodplains shall be avoided to protect existing hydrologic and environmental functions. Such disturbances shall be minimized and all negative impacts mitigated as described in a mitigation plan.
(2) No development shall be allowed in the floodplain that shall singularly or cumulatively create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare or impair the natural hydrologic functions of the floodplain or channel.
(3) For all projects involving channel modification, fill, or levees, the flood carrying capacity of the regulatory floodplain shall be maintained.
(4) Compensatory storage is required for all lost floodplain storage as follows:
A. Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine floodplain shall be at least equal to 1.2 times the volume of floodplain storage lost. Such compensation areas shall be designed to drain freely and openly to the watercourse and located opposite or adjacent to fill areas. The floodplain volume lost below the existing 10-year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. The floodplain volume lost above the 10-year existing frequency flood elevation must be replaced above the proposed 10-year frequency elevation.
B. Hydraulically equivalent compensatory storage requirements for fill or structures in a nonriverine floodplain shall be at least equal to 1.0 times the volume of floodplain storage lost.
(c) Public Health Protection Standards.
(1) No developments in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE.
(2) New and replacement water supply systems, wells, and sanitary sewer lines may be permitted providing all manholes or other above-ground openings located below the Flood Protection Elevation (FPE) are watertight.
(d) Building Protection Requirements.
(1) All new buildings, building alteration that either increases the first floor area by more than twenty percent or the building's market value by more than fifty percent, the installation of a manufactured home on a new site or a new manufactured home on an existing site or installing a recreational vehicle on a site for more than 180 days and located within a 100-year floodplain shall be protected from flood damage below the flood protection elevation.
(2) The lowest floor, including basements for all new construction or substantial improvements of residential structures shall be two feet or more above the base flood elevation.
A. If placed on fill, the top of the fill shall be above the flood protection elevation. The fill shall be placed at that elevation for a distance of ten feet out from the building unless the building design is certified by a state licensed structural engineer as protected from damages due to hydrostatic pressures. Additionally, the fill must be demonstrated not to settle below the flood protection elevation and to be adequately protected against erosion, scour and differential settlement.
B. If elevated by means of walls, pilings, or other foundation, the building's supporting structure must be permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood or 100-year frequency flood. The permanent openings shall be no more than one foot above grade, and consist of a minimum of two openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the BFE. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris. All areas below the Flood Protection Elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPE. Water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the flood protection elevation. No area below the flood protection elevation shall be used for storage of items or materials.
(3) The lowest floor including basement of all new construction or substantial improvements of nonresidential buildings shall be two feet or more above the base flood elevations in accordance with paragraph (2) above or be structurally dry flood proofed. A nonresidential building may be structurally dry flood proofed (in lieu of elevation) provided that a state licensed professional engineer or structural engineer shall certify that the building has been structurally dry flood proofed below the flood protection elevation and the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100-year frequency flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy and impacts from debris or ice. Flood proofing measures shall be operable without human intervention and without an outside source of electricity. (Levees, berms, floodwalls and similar works are not considered flood proofing for the purpose of this subsection.)
(4) Manufactured homes and recreational vehicles to be installed on a site for more than 180 days, shall be elevated to or above the flood protection elevation and shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with applicable rules and regulations.
(5) Tool sheds and detached garages on an existing single-family platted lot, may be constructed with the lowest floor below the flood protection elevation in accordance with the following:
A. The building is not used for human habitation.
B. All areas below the base flood or 100-year frequency flood elevation shall be constructed with waterproof material. Structures located in a regulatory floodway shall be constructed and placed on a building site so as not to block the flow of floodwaters.
C. The structure shall be anchored to prevent flotation.
D. Service facilities such as electrical and heating equipment shall be elevated or flood proofed to the flood protection elevation.
E. The building shall be valued at less than five thousand dollars ($5,000.00) and be less than 500 square feet in floor size.
F. The building shall be used only for the storage of vehicles or tools and may not contain other rooms, workshops, greenhouses or similar uses.
(6) A non-conforming structure damaged by flood, fire, wind or other natural or man-made disaster may be restored unless the damage exceeds fifty percent of its market value before it was damaged, in which case it shall conform to this chapter.
(e) If the proposed development would result in a change in the mapped regulatory floodplain or 100-year frequency flood elevation on a site, the applicant shall submit sufficient data to obtain a Letter of Map Revision (LOMR) from FEMA.
(f) Any work involving construction or modification or removal of a dam or an on-stream structure to impound water shall obtain a State Dam Safety Permit or letter indicating a permit is not required prior to the start of construction of a dam.
(Ord. 11-01. Passed 8-21-01; Ord. 16-2019. Passed 12-17-19.)
Within all riverine floodplains where the floodway has not been determined, the developer shall have an engineering study performed to determine a flood conveyance path to demonstrate that a proposed development will have no singular or cumulative impact on flood heights or velocities, as required by this chapter. The developer shall submit that engineering study for review and acceptance. In the case of riverine floodplains draining greater than one square mile, it shall also be sent to MDEQ or FEMA for review and approval. Upon acceptance, the developer can then choose to locate all development activity outside of the flood conveyance path or meet the performance standards of this chapter. Should the flood conveyance path be determined so as to include land not owned by the applicant, notice to the affected property owners shall be made for comment.
(Ord. 11-01. Passed 8-21-01; Ord. 16-2019. Passed 12-17-19.)
If the development is located in a regulatory floodplain, the applicant shall provide the following additional information:
(a) Site location of the property, drawn to scale on the regulatory floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area;
(b) A plan view of the project showing:
(1) The regulatory floodway limit, floodplain limit and for work in public bodies of water.
(2) Ten-year frequency flood elevation, 100-year frequency flood elevation and graphic or numerical scales (horizontal and vertical).
(3) A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway location.
(c) A listing of all local, state and federal permits or approval letters that may be required for this type of development. All required local, state and federal permits must be received prior to permit issuance unless otherwise agreed to by the Director or as may be allowed by the appropriate local, state or federal agency or department have jurisdiction over the matter.
(d) Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the performance standards of this chapter.
(e) All changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; the location and dimension of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of this chapter.
(f) Elevation certificates of the lowest floor (elevation including basements) or the elevation to which a nonresidential building has been flood proofed using a flood proofing certificate shall be required for all buildings in the floodplain.
(Ord. 11-01. Passed 8-21-01.)
All new and redevelopment projects in the City must comply with the volume and flow rate management requirements as set out in the Technical Reference Manual, incorporated by reference in below Section 1048.14.
(Ord. 11-01. Passed 8-21-01; Ord. 04-08. Passed 3-18-08; Ord. 16-2019. Passed 12-17-19.)
The technical procedures and design standards contained in the Stormwater Management Technical Reference Manual (TRM), any amendment to it, as prepared by the Director and adopted by City Commission resolution, are incorporated by reference and shall be used for guidance to determine compliance for the performance criteria established by this chapter.
(Ord. 11-01. Passed 8-21-01; Ord. 04-08. Passed 3-18-08; Ord. 16-2019. Passed 12-17-19.)
Those stormwater management systems approved in compliance with this chapter that will function as an integral part of the City-maintained system as determined by the Director shall be dedicated to the City. All areas and/or structures to be dedicated to the City must be dedicated by plat or separate instrument and accepted by resolution of the City Commission.
(Ord. 11-01. Passed 8-21-01.)
(a) All stormwater management systems dedicated to, and accepted by the City shall be maintained by the City. Maintenance of all other stormwater management systems approved in compliance with this chapter shall be accomplished by the legal entity responsible for maintenance, which may include an approved entity as identified below:
(1) Local government: A county, municipality, inland lake board, or other appropriate governmental unit, or combination of local governments.
(2) Special district: An active drainage district or a special assessment district.
(3) State or federal agency: An appropriate state or federal agency.
(4) Public utility: An officially franchised, licensed, or approved communication, water, sewer, electrical, stormwater, or other public utility.
(5) Developer or property owner: A developer or property owner who provides a bond or other assurance of continued financial capability to operate and maintain stormwater management systems and who executes a legal maintenance agreement with the Director.
(6) Property owner association: Property owner associations able to comply with the following provisions:
A. The association provides a binding legal instrument through which it assumes full responsibility for stormwater management system operation and maintenance.
B. The association has sufficient powers to operate and maintain the system, establish rules, assess members, contract for services, exist perpetually, and, if dissolved, to provide alternate operation and maintenance services.
C. The association can provide a bond or other assurance of financial capability to operate and maintain the system.
(b) All systems not dedicated to the City shall have adequate easements to permit the City to inspect and, if necessary, to take corrective action should the responsible entity fail to properly maintain the system.
(Ord. 11-01. Passed 8-21-01.)
Any development activity commenced without compliance with this chapter or any activity conducted contrary to the requirements of this chapter shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law. The City may institute injunctive mandamus or other appropriate action for the enforcement of this chapter and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus, or other appropriate forms of remedy or relief.
(Ord. 11-01. Passed 8-21-01.)
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