(a) Applications for a Flood Plain Development Permit shall be made on forms furnished by the Commissioner. The application shall consist of a general application and such supplemental project-specific information as is required to demonstrate compliance with all applicable design and construction standards of this Chapter. Application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant.
(b) The general application shall establish the compatibility of the proposed development with all requirements of the Zoning Code by:
(1) Demonstrating that the applicant is a governmental entity and that the proposed development is a public use authorized by Section 1169.01 of the Codified Ordinances;
(2) Demonstrating that the development is limited to filling, excavating, grading, draining, fencing or similar work incidental to use of the land for agricultural or plant cultivation purposes authorized by Section 1169.01 of the Codified Ordinances;
(4) Attaching a copy of the Decision of the Planning Commission authorizing the alteration of a structure devoted to a non-conforming use or a Letter of Opinion of the Commissioner that such authorization is not required by Section 1181.01 of the Codified Ordinances for development of the kind proposed.
(c) The general application shall require disclosure of sufficient information to enable the Commissioner to determine:
(1) The location of the lot or parcel sought to be developed in relation to the boundaries of the Flood Plain District and boundaries of any affected floodway;
(2) Whether the proposed development entails alteration or relocation of any watercourse;
(3) Whether the proposed development entails alteration of the topography of the floodplain by the introduction of fill, excavation, dredging, mining or similar activity: or by the enlargement of any structure; and,
(4) Whether the proposed development entails new construction or the substantial improvement of any existing structure.
(d) The Commissioner shall deny the application if the proposed work will violate any requirement of Section 1333.10 of this Chapter or any restriction of the Zoning Code.
(1) If the general application demonstrates that the work to be performed consists solely of maintenance or improvement of an existing structure that does not constitute substantial improvement of that structure and does not involve any enlargement of the structure, new construction or alteration of the topography of the floodplain, the Commissioner shall issue the Flood Plain Development Permit.
(2) If the general application demonstrates that the proposed development will entail any alteration of a floodway, the Commissioner shall withhold issuance of the Permit pending review of the application in accordance with Section 1333.12(a) and, if applicable, the completion of all proceedings required by Section 1333.13.
(3) If the general application demonstrates that the proposed development is located in "Zone A” and encompasses five or more acres, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations demonstrating that the proposed construction will comply with Section 1333.16.
(5) If the general application demonstrates that the work to be performed involves new construction or the substantial improvement of an existing structure, the Commissioner shall withhold issuance of the Permit pending review of the application in accordance with Section 1333.12 and all applicable provisions of Sections 1333.14 to 1333.19.
(Ord. 8289. Passed 3-2-21.)