(A) Irrespective of any other provisions to the contrary herein, from and after the effective date of this section, there shall be no new development per-mitted within the 100-year flood plain as defined in the latest publication of the National Flood Insurance Programs “Flood Insurance Rate Map” for the city, which would generate wastewater to be transported to the wastewater treatment facilities of the city.
(B) An owner/developer of property situated in the floodplain may make request, in writing, to the city for a “Waiver of Service Area Restriction” only in cases where the owner/developer can sufficiently show that the natural environment in the 100-year floodplain would be preserved if the waiver was granted. The written request for a “Waiver of Service Area Restriction” must be submitted to the Floodplain Administrator of the city, who upon review thereof will judge whether the requested waiver conforms to the intent of this section. If it be found that the waiver would not be in keeping with the intent of this section, the request for a “Waiver of Service Area Restriction” shall be denied. Should the findings of the Floodplain Administrator be that the requested waiver would not violate the intent of this section, nor have detrimental effect upon the natural functions and values of the effected floodplain, when such a request would be presented to the City Council for the consideration and possible approval. Only after City Council approval, the city would then submit the request to the U.S. Environmental Protection Agency's regional administrator for review and possible approval. It is specifically the intent of this section that the regional administrator be the final authority in all such request for a “Waiver of Service Area Restriction.”
(`83 Code, § 12-321) (Ord. 89-19, passed 7-17-89; Am. Ord. 2012-03, passed 2-20-12)