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(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of § 157.07 of this chapter.
(2) Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.
(3) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(4) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be watertight.
(5) Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
(B) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
(Ord. 8808, passed 5-15-12)
For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the City of Danville shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
(Ord. 8808, passed 5-15-12)
Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Director for a variance. The Director shall review the applicant's request for a variance and shall submit its recommendation to the Danville City Council. The Danville City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
(A) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(1) The development activity cannot be located outside the floodplain;
(2) An exceptional hardship would result if the variance were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health, safety or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities;
(6) The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
(7) All other state and federal permits have been obtained.
(B) The Director shall notify an applicant in writing that a variance from the requirements of the building protections standards of § 157.07 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
(2) Increase the risk to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
(C) Historic structures.
(1) Variances to the building protection requirements of § 157.07 of this chapter which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in § 157.02, may be granted using criteria more permissive than the requirements of §§ 157.06 and 157.07 of this chapter subject to the conditions that:
(a) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure;
(b) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(D) Agriculture. Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in this chapter. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed.
(1) All agricultural structures considered for a variance from the floodplain management regulations of this chapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures or animal confinement facilities, such as farm houses, cannot be considered agricultural structures.
(2) Use of the varied structures must be limited to agricultural purposes in zone A only as identified on the community's Flood Insurance Rate Map (FIRM).
(3) For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with § 157.07 of this chapter.
(4) The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with § 157.07 of this chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 157.07 of this chapter.
(5) The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with § 157.07(B) of this chapter.
(6) The agricultural structures must comply with the floodplain management floodway provisions of § 157.06 of this chapter. No variances may be issued for agricultural structures within any designated floodway.
(7) Wet-floodproofing construction techniques must be reviewed and approved by the floodplain administrator and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
(Ord. 8808, passed 5-15-12)
The degree of protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This chapter does not create liability on the part of the City of Danville or any officer or employee thereof for any flood damage that results from proper reliance on this ordinance or any administrative decision made lawfully thereunder.
(Ord. 8808, passed 5-15-12)
This chapter repeals and replaces other ordinances adopted by the City of Danville to fulfill the requirements of the National Flood Insurance Program including: Ordinance #6573 passed 5-23-1978, Ordinance #8501 passed 9-19-2006 and Ordinance #8805 passed 5-1-2012. However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter and other ordinance easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 8808, passed 5-15-12)
Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the Director may determine that a violation of the minimum standards of this chapter exists. The Director shall notify the owner in writing of such violation.
(A) If such owner fails after ten days notice to correct the violation:
(1) The City of Danville shall make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with the chapter;
(2) Any person who violates this chapter shall upon conviction thereof be fined not less than $50 or more than $750 for each offense;
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and
(4) The City of Danville shall record a notice of violation on the title of the property.
(B) (1) The Director shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
(2) The Director is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
(3) No site development permit shall be permanently suspended or revoked until a hearing is held by the City Council. Written notice of such hearing shall be served on the permittee and shall state:
(a) The grounds for the complaint, reasons for suspension or revocation; and
(b) The time and place of the hearing.
(4) At such hearing the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the City Council shall determine whether the permit shall be suspended or revoked.
(C) Nothing herein shall prevent the City of Danville from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 8808, passed 5-15-12)