The restrictions listed in this section constitute those general provisions which shall govern development, construction, improvement and relocation within the floodway and floodway fringe areas.
(a) All persons proposing development within the floodway and floodway fringe areas shall obtain approved permits from those government agencies having jurisdiction over flood plain development. No building permit or occupancy permit shall be issued until all such permits have been obtained and have been reviewed by the City Building Official.
(b) Developers of new, substantially improved or relocated structures within the floodway and floodway fringe areas shall submit to the Building Official a written document indicating:
(1) The elevation of the lowest habitable floor in the structure, including the basement;
(2) The elevation to which a structure has been floodproofed, if floodproofing methods have been employed.
Details of specifications proposed and as-built drawings shall be kept on record and will be available for public inspection and for use in determining flood insurance risk premium rates.
(c) Persons wishing to develop in areas designated as "A" zones on the Flood Insurance Rate Map (that "A" having no number affixed to the designation) shall obtain intermediate regional flood plain elevations from Federal, State or other sources. Such elevations shall be subject to review by the City.
(d) When floodproofing measures are employed, a registered engineer or architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and any other factors associated with the intermediate regional flood plain elevation.
(e) All new construction and substantial improvements made to existing structures, including mobile homes, shall be firmly anchored to prevent flotation and lateral movement and shall be constructed with flood-resistant materials and methods.
(f) If new and replaced utility and sanitary facilities must be located below elevation of the intermediate regional flood plain, they shall be constructed so as to be watertight, to resist hydrostatic and hydrodynamic loads and to be resistant to the affects of buoyancy. All measures to floodproof utility and sanitary facilities are subject to the approval of the City Engineer.
(g) On-site waste disposal systems, such as septic tanks and leach fields, shall be located to avoid impairment by flood waters associated with the intermediate regional flood level.
(h) The application or discharge of persistent toxic compounds whose direct or indirect effects through residuals have a half-life greater than six months, onto or within those areas defined as floodway or floodway fringe areas, is strictly prohibited.
(i) Service facilities, such as electrical and heating equipment, shall be constructed at or above the intermediate regional flood protection elevation for the particular area or floodproofed.
(j) Fill or other materials shall be protected against erosion by rip-rap, vegetative cover or bulkheading.
(k) Should any watercourse relocation or alteration be proposed, notification of such change in the watercourse shall be sent by the developer to all adjacent communities, to the State Department of Natural Resources and to the U.S. Department of Housing and Urban Development. Within the altered or relocated portion of any watercourse, the carrying capacity shall be maintained.
(l) In no case shall any permanent structure be erected nearer than fifty feet from the bank of Black Creek or the center of any open County drain. The bank of Black Creek shall be determined by a legal survey or from official maps maintained by the City. The center of public drainageways shall be determined from legal descriptions which are of public record.
(m) All subdivision proposals and proposals for new development shall be designed and located to be consistent with the need to minimize flood damage. In addition, all subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(n) Base flood elevation data must be submitted with any subdivision proposal greater than fifty lots or five acres.
(Ord. 78-7. Passed 9-25-78.)