§ 156.46 STANDARDS FOR SFHAS WITHOUT ESTABLISHED BASE FLOOD ELEVATION AND/OR FLOODWAYS/FRINGES.

   (A)   Drainage area upstream of the site is greater than one square mile:

      (1)   If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the state’s Department of Natural Resources for review and comment;

      (2)   No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway permit (including letters of authorization) or a floodplain analysis/regulatory assessment citing the 1% annual chance flood elevation and the recommended flood protection grade has been received from the state’s Department of Natural Resources; and

      (3)   Once the Floodplain Administrator has received the proper permit for construction in a floodway permit (including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, a floodplain development permit may be issued, provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the state’s Department of Natural Resources and the provisions contained in §§ 156.40 through 156.47 of this code have been met.

   (B)   Drainage area upstream of the site is less than one square mile:

      (1)   If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 1% annual chance flood elevation for the site; and

      (2)   Upon receipt, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in §§ 156.40 through 156.47 of this code have been met.

   (C)   The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than one fourteen-hundredths of a foot and will not increase flood damages or potential flood damages.

(Ord. 2014-OR-04, passed 4-7-2014)