(A) Permit 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.
(B) 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 streets address, or similar description that will readily identify and definitively 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 floodproofing is utilized for an applicable structure, a floodproofing certificate shall be provided to the Floodplain Administrator and be completed by a licensed professional engineer or architect.
(5) Any other such information as reasonably may be required by the Floodplain Administrator shall be provided.
(6) Federal regulations in 44 C.F.R. §§ 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, that 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 acknowledgment form asserting this is required for LOMR and LOMR-F applications 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 LOMR-F.
(b) The applicant shall demonstrate that the property and any existing or proposed structures will be “reasonably safe from flooding,” according to the minimum design standards in FEMA Technical Bulletin 10-01.
(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.
(Ord. 964, passed 6-7-2022)