07-10A-09: FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS:
   (1)   Application Requirements: Upon determination by the Floodplain Administrator, an application for a floodplain development permit shall be made prior to any development activities located within the special flood hazard areas. The following items shall be presented to apply for a floodplain development permit:
      A.    A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
         1.    The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
         2.    The boundary of the special flood hazard area as delineated on the FIRM as determined in subsection 07-10A-05(2) of this article, or a statement that the entire lot is within the special flood hazard area;
         3.    The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 07-10A-05(2) of this article;
         4.    The boundary of the floodway(s) as determined in subsection 07-10A-05(2) of this article;
         5.    The base flood elevation (BFE) where provided as set forth in subsections 07-10A-05(2) and (3); or subsection 07-10A-11(3) of this article;
         6.    The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
         7.    The certification of the plot plan by a registered land surveyor or professional engineer.
      B.    Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
         1.    Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
         2.    Elevation in relation to mean sea level to which any non- residential structure in Zone A, AE, AH, and AO will be floodproofed; and
         3.    Elevation in relation to mean sea level to which any proposed utility equipment and machinery will be elevated or floodproofed.
      C.    If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures will be required prior to Certificate of Occupancy/Completion.
      D.    A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this article are met. These details include but are not limited to:
         1.    The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and
         2.    Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsection 07-10A-11(1)H2 of this article when solid foundation perimeter walls are used in Zones A, AE, AH, and AO.
      E.    Usage details of any enclosed areas below the lowest floor.
      F.    Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
      G.    Certification that all other local, State, and Federal permits required prior to floodplain development permit issuance have been received.
      H.    Documentation for placement of recreation vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsection 07-10A-11(2)E of this article are met.
      I.    A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream.
   (2)   Permit Requirements: The floodplain development permit shall include, but not be limited to:
      A.    A complete description of all the development to be permitted under the floodplain development permit (i.e., house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, rip-rap, docks, grading, paving excavation or drilling operations, or storage of equipment or materials, etcetera).
      B.    The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 07-10A-05(2) of this article.
      C.    The flood protection elevation required for the lowest floor and all attendant utilities.
      D.    The flood protection elevation required for the protection of all utility equipment and machinery.
      E.    All certification submittal requirements with timelines.
      F.    A statement that no fill material or other development shall encroach into the floodway of any watercourse, as applicable.
      G.    The flood openings requirements.
      H.    All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.
      I.    Fully enclosed areas below the lowest floor are usable solely for parking of vehicles, building access or storage.
      J.    All materials below BFE/FPE must be flood resistant materials.
   (3)   Certification Requirements:
      A.    Elevation Certificates:
         1.    A Construction Drawings Elevation Certificate (form provided by FEMA) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
         2.    A Final As Built Finished Construction Elevation Certificate (form provided by FEMA) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the data certification. The photographs must be taken with views confirming the building description and diagram number provided in section A of the certificate. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi- level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.
      B.    Floodproofing Certificate: If non-residential floodproofing is used to meet the flood protection elevation requirements, design plans, with supporting data, an operation plan and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Prior to request for a Certificate of Compliance/Occupancy a Floodproofing Certificate (FEMA 086-0-34) shall be provided to the Floodplain Administrator for review and approval.
      C.    Manufactured Home: If a manufactured home is placed within Zone A, AE, AH, and AO, and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 07-10A-11(2)D2 of this article.
      D.    Alter Or Relocate Watercourse: If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:
         1.    A description of the extent of watercourse alteration or relocation; and
         2.    A professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and
         3.    A map showing the location of the proposed watercourse alteration or relocation; and
         4.    An Idaho stream channel alteration permit approval shall be provided by the applicant to the Floodplain Administrator.
      E.    Certification Exemptions: The following structures are exempt from the elevation/floodproofing certification requirements specified in subsections (3)A and (3)B of this section:
         1.    Recreational vehicles meeting requirements of subsection 07-10A-11(2)E of this article;
         2.    Temporary structures meeting requirements of subsection 07-10A-11(2)F of this article; and
         3.    Accessory structures one thousand five hundred (1,500) square feet or less meeting requirements of subsection 07-10A-11(2)G of this article. (Ord. 19-038, 8-30-2019)