§ 153.041 FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS.
   (A)   Application requirements. Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. To apply for a floodplain development permit, the following items shall be presented to the Floodplain Administrator:
      (1)   A plot plan, drawn to scale, which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
         (a)   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;
         (b)   The boundary(ies) of the Special Flood Hazard Area, the floodway(s), and non-encroachment area(s), as delineated on the FIRM or other flood map as determined in § 153.022, or a statement that the entire lot is within the Special Flood Hazard Area, floodway, and/or non-encroachment area;
         (c)   Flood zone(s) designation of the proposed development area, as determined on the FIRM or other flood map, and the base flood elevation, where provided, as set forth in § 153.022;
         (d)   The old and new location of any watercourse that will be altered or relocated as a result of proposed development;
         (e)   The certification of the plot plan by a registered land surveyor or professional engineer.
      (2)   Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area, including but not limited to:
         (a)   Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
         (b)   Elevation in relation to mean sea level to which any proposed utility systems will be elevated or protected;
      (3)   A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include, but are not limited to, the proposed method of elevation, if applicable (i.e., fill, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);
      (4)   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;
      (5)   Certification that all other local, state and federal permits required prior to floodplain development permit issuance have been received.
      (6)   Documentation for placement of recreational vehicles, when applicable, to ensure that the provisions of § 153.066(F) are met.
      (7)   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; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
      (8)   Application fees. A non-refundable application fee of $1,000 shall be included with the permit application.
      (9)   Review fees. A retainer of $1,000 shall be included with the permit application to cover the costs associated with the review of the permit application. The final review fee shall be the actual cost, based upon the number of hours and an established hourly rate, to review the permit application. Prior to issuing the floodplain development permit, the Floodplain Administrator shall subtract the amount of the review fee from the retainer, and refund the remaining amount to the applicant with the permit. If the amount in the retainer falls below $500, the Floodplain Administrator, at this or her discretion, may require an additional amount to make the retainer whole before continuing with the review of the permit. If the applicant fails to respond to this request within 14 days, the permit shall be denied and the applicant shall be prohibited from refilling the project for 90 days.
   (B)   Permit requirements. The floodplain development permit shall include, but not be limited to:
      (1)   A description of the development to be permitted under the floodplain development permit.
      (2)   The Special Flood Hazard Area determination for the proposed development, in accordance with available data specified in § 153.022.
      (3)   The regulatory flood protection elevation required for the reference level, all attendant utilities, and all public utilities.
      (4)   All certification submittal requirements with timelines.
      (5)   A statement that no fill material or other development shall encroach into the Special Flood Hazard Area of any watercourse.
   (C)   Certification requirements.
      (1)   Elevation Certificates.
         (a)   An Elevation Certificate (FEMA Form 81-31) 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 reference level, 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.
         (b)   An Elevation Certificate (FEMA Form 81-31) is required before final approval of the footing/foundation inspection, in order to establish the reference level. Within 7 calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the 7-day calendar period and prior to submission of the certification shall be at the permit holder's risk. 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 further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
         (c)   A final as-built Elevation Certificate (FEMA Form 81-31) 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 reference level 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.
      (2)   Deed restriction. A copy of the deed will be submitted to the Floodplain Administrator. The deed will note the location of the SFHA and the BFE, and the restrictions of any development in these areas.
      (3)   Placement of some manufactured homes. If a manufactured home is placed within Zone A or AE, and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required, in accordance with the provisions of § 153.066(B).
      (4)   Watercourse alteration or relocation. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; 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 a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
      (5)   Certification exemptions. Recreational vehicles meeting requirements of § 153.066(F)(1), if located within Zone A or AE, are exempt from the elevation certification requirements specified in items (1) and (2) of this division.
(Ord. passed 10-16-2007; Am. Ord. passed 4-15-2008)