Along watercourses where a floodway has been established, the mapped floodplain areas are hereby divided into the two following districts: A floodway overlay district (FW) and a flood fringe overlay district (FF) as identified by the Flood Insurance Study (and accompany map(s)). The floodway overlay district (FW) is identified by the Flood Insurance Rate Map dated April 19, 2010. Within these districts, all uses not meeting the standards of this chapter and those standards of the underlying zoning district shall be prohibited.
(A) Designation of Floodplain Administrator. The City Engineer of the community is hereby designated as the community’s local Floodplain Administrator. The Floodplain Administrator is authorized and directed to administer, implement and enforce all provisions of this chapter. If the local Floodplain Administrator position is unfilled, the community CEO shall assume the duties and responsibilities herein.
(B) Permits required. A floodplain development permit shall be required before any development, construction or substantial improvement is undertaken. No person, firm, corporation, government agency or other entity shall initiate any floodplain development without first obtaining a floodplain development permit.
(C) Duties of Floodplain Administrator. Duties of the City Engineer shall include, but not be limited to, the following:
(1) Review, approve or deny all applications for floodplain development permits;
(2) Review all development permit applications to assure that sites are reasonably safe from flooding and that the permit requirements of this chapter have been satisfied;
(3) Review applications for proposed development to assure that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required;
(4) Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
(5) Notify adjacent communities and the State Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency;
(6) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished;
(7) Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures in the floodplain;
(8) Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which all new or substantially improved structures have been flood-proofed;
(9) Verify, record and maintain record of all improved or damaged structures to ensure compliance with standards in applicable sections. Track value of improvements and market value with permits. Also, ensure consistent market value estimations to evaluate against damaged or improved values;
(10) Ensure that the Comprehensive Development Plan, as amended, is consistent with this chapter; and
(11) In the event the Floodplain Administrator discovers work done that does not comply with applicable laws or ordinances, the Floodplain Administrator shall revoke the permit and work to correct any possible violation in accordance with this chapter.
(D) Application for permit and demonstration of compliance.
(1) To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:
(a) Identify and describe the proposed development and estimated cost to be covered by the floodplain development permit;
(b) Describe the land on which the proposed development is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or development;
(c) Indicate the use or occupancy for which the proposed development is intended;
(d) Be accompanied by plans and specifications for proposed construction; and
(e) Be signed by the permittee and authorized agent who may be required to submit evidence to indicate such authority.
(2) If any proposed development is located entirely or partially within a floodplain, applicants shall provide all information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(a) All such proposals are consistent with the need to minimize flood damage;
(b) All utilities and facilities such as sewer, gas, water, electrical and other systems are located and constructed to minimize or eliminate flood damage;
(c) Structures will be anchored to prevent flotation, collapse or lateral movement;
(d) Construction materials are flood-resistant;
(e) Appropriate practices to minimize flood damage have been utilized; and
(f) Electrical, heating, ventilation, air conditioning, plumbing and any other service facilities have been designed and located to prevent entry of floodwaters.
(3) For all new and substantially improved structures, an elevation certificate based upon the finished construction certifying the elevation of the lowest floor, including basement and other relevant building components shall be provided to the Floodplain Administrator and be completed by a licensed surveyor, engineer or architect.
(4) When flood-proofing is utilized for an applicable structure, a flood-proofing certificate shall be provided to the Floodplain Administrator and be completed by a licensed professional engineer or architect.
(5) For all development proposed in the floodway, no-rise certification shall be provided to the Floodplain Administrator and be completed by a licensed professional engineer.
(6) Any other such information as reasonably may be required by the City Engineer shall be provided.
(7) Federal regulations in 44 C.F.R. chapter 1, pt. 65.5 and 65.6 allow for changes to the special flood hazard area through a Letter of Map Revision (LOMR) or a Letter of Map Revision Based on Fill (LOMR-F), provided the community determines that the land and any existing or proposed structures that would be removed from the floodplain are “reasonably safe from flooding.” The community acknowledgement form asserting this is required for LOMR and LOMR-F applications and must be signed by the Floodplain Administrator. The Floodplain Administrator shall not sign a community acknowledgment form unless all criteria set forth in the following paragraphs are met:
(a) The applicant shall obtain floodplain development permit before applying for a LOMR or LOMRF;
(b) The applicant shall demonstrate that the property and any existing or proposed structures will be “reasonable safe from flooding,” according to the minimum design standards in FEMA Technical Bulletin 10-01; and
(c) All requirements listed in the Simplified Approach in FEMA Technical Bulletin 10-01 shall be met and documentation from a registered professional engineer shall be provided. If all of these requirements are not met, the applicant must provide documentation in line with the Engineered Approach outlined in FEMA Technical Bulletin 10-01.
(E) Flood data required.
(1) All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood elevations are not provided. Zone A areas shall be subject to all development provisions of this chapter. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state or other sources, including from a study commissioned by the applicant pursuant to best technical practices.
(2) Until a floodway has been designated, no development or substantial improvement may be permitted within the floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the base flood more than one foot at any location as shown in the Flood Insurance Study or on base flood elevation determinations.
(F) Variances and appeals procedures.
(1) The Board of Adjustment as established by city shall hear and decide appeals and request for variances from the requirements of this chapter.
(2) The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the City Engineer in the enforcement or administration of this chapter.
(3) Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided in Neb. Rev. Stat. § 23-168 (for counties) and Neb. Rev. Stat. § 19-192 (for municipalities).
(4) In evaluating such appeals and requests, the Board of Adjustment shall consider technical evaluation, all relevant factors, standards specified in other sections of this chapter, and:
(a) The danger to life and property due to flooding or erosion damage;
(b) The danger that materials may be swept onto other lands to the injury of others;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, future owners and neighboring properties;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity of the facility to have a waterfront location, where applicable;
(f) The availability of alternative locations that are not subject to flooding or erosion damage for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and the floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing government services during and after flood conditions, including emergency management services and maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets and bridges.
(G) Conditions for variances.
(1) Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination that failure to grant the variance would result in an exceptional hardship to the applicant.
(2) Variances shall only be issued based upon a determination that the granting of a variance will not result in increased flood heights.
(3) Variances shall only be issued based upon a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(4) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in division (E)(1) above and on have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(5) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure on the National Register of Historic Places and the variance is the minimum necessary to preserve the historic character and design of the structure.
(6) Variances shall not be issued within any designated floodway if any increase in water surface elevations along the floodway profile during the base flood discharge would result.
(7) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(8) The applicant shall be given a written notice over the signature of a community that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and also that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter.
(9) All requests for variances and associated actions and documents, including justification for their issuance, shall be maintained by the community.
(H) Enforcement.
(1) Failure to obtain a floodplain development permit or the failure of a structure or other development to be fully compliant with the provisions of this chapter shall constitute a violation. A structure or other development without a floodplain development permit, elevation certificate, certification by a licensed professional engineer of compliance with these regulations or other evidence of compliance is presumed to be in violation until such time as documentation is provided.
(2) When the Floodplain Administrator or other authorized community representative determines, based on reasonable grounds, that there has been a violation of the provisions of this chapter, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(a) Be in writing;
(b) Include an explanation of the alleged violation;
(c) Allow a reasonable time for the performance of any remedial act required;
(d) Be served upon the property owner or their agent as the case may require; and
(e) Contain an outline of remedial actions that, if taken, will bring the development into compliance with the provisions of this chapter.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999