Development and/or filling of the flood fringe will be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation, and compensatory storage and other provisions of this chapter are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of § 152.32.
(A) Development permit. It shall be unlawful for any person, firm, corporation, or governmental body not exempted by state law to commence any development in the SFHA without first obtaining a development permit from the Comptroller.
(B) Application. Application for a development permit shall be made on a form provided by the Comptroller. The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal descriptions of the property and sealed by a licensed engineer, architect or land surveyor; existing grade elevations in mean sea level (1929 adjustment) datum or N.G.V.D. and all changes in grade resulting from excavation or filing; the location and dimensions of all buildings and additions to buildings. For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of § 152.32.
(C) Comparison of elevations. Upon receipt of a development permit application, the Comptroller shall compare the elevation of the site to the base flood or 100-year frequency flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the sites first Flood Insurance Rate Map identification is not in the SFHA and, therefore, not subject to the requirements of this chapter. The Comptroller shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the sites first Flood Insurance Rate Map identification.
(D) Erosion and sedimentation plan. A soil erosion and sedimentation control plan for disturbed areas shall be submitted. This plan shall include description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures and the identification of a responsible party to ensure post-construction maintenance.
(E) Copies of permits. The Comptroller shall be responsible for obtaining from the applicant, copies of all other local, state and federal permits, approvals or permit-not-required letters that may be required for this type of activity. The Comptroller shall not issue a permit unless all other local, state and federal permits have been obtained.
(F) Preventing increased damages. No development in the flood fringe shall create a threat to public health and safety.
(G) When fill used. If fill is being used to elevate the site above the base flood or 100-year frequency flood elevation, the applicant shall submit sufficient data and obtain a Letter of Map Revision (LOMR) from FEMA for the purpose of removing the site from the floodplain.
(H) Compensatory storage. Whenever any portion of a floodplain is authorized for use, the volume of space which is occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100- year frequency flood elevation. The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All floodplain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All floodplain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. Subject to the review and approval of village staff which includes the Building Department, Public Works and the Village Engineer, compensation of lost storage will not be required for a Public Flood Control Project meeting the definition set forth in § 152.01. Public Flood Control Projects not demonstrating an absence of adverse impact to adjacent property owners shall comply with the compensatory storage requirements of the code.
(Ord. 7-28, passed 5-9-07; Am. Ord. 8-70, passed 7-16-08; Am. Ord. 19-12, passed 3-20-19) Penalty, see § 152.99