A. Permit Required: A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development within any special flood hazard area established in section 10-1-6 of this chapter. The floodplain development permit shall be for all structures, including manufactured homes, and for all other development, including fill and other activities, as each are defined in section 10-1-5 of this chapter. A floodplain development permit shall also be required for any development that could possibly increase or alter the flood hazard.
B. Application For Permit: Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the floodplain administrator to apply for a floodplain development permit:
1. Completion of the city of Eagle floodplain development checklist by a registered professional engineer.
2. Any additional information required by the floodplain administrator.
3. A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
a. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
b. The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in section 10-1-6, or a statement that the entire lot is within the special flood hazard area;
c. The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in section 10-1-6;
d. The boundary of the floodway(s) or flood fringe area(s) as determined in section 10-1-6;
e. The base flood elevation (BFE) where provided as set forth in section 10-1-6;
f. The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
g. The certification of the plot plan by a registered land surveyor or professional engineer.
4. Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
b. Elevation in relation to mean sea level to which any non-residential structure in Zone A, AE, AH, AO, or A1-30 will be floodproofed; and
c. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
5. If floodproofing, a floodproofing certificate (FEMA Form 86-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.
6. A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include, but are not limited to:
a. The proposed method of elevation, if applicable (for example, fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and
c. Foundation plans stamped by a registered professional engineer.
7. Usage details of any enclosed areas below the lowest floor.
8. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
9. Certification that all other local, state, and federal permits required prior to floodplain development permit issuance have been received.
11. A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
C. Permit Requirements: The floodplain development permit shall include, but not be limited to:
1. A complete description of all the development to be permitted under the floodplain development permit (for example, house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, and the like).
2. The special flood hazard area determination for the proposed development in accordance with available data specified in section 10-1-8-6.
3. The flood protection elevation required for the lowest floor and all attendant utilities.
4. The flood protection elevation required for the protection of all public utilities.
5. All certification submittal requirements with timelines.
6 A statement that no fill material or other development shall encroach into the floodway or flood fringe area of any watercourse, as applicable.
7. The flood openings requirements, if in zones A, AE, AH, AO, or A1-30.
8. All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.
9. A statement of the limitations of below BFE enclosure uses, if applicable (for example, parking, building access and limited storage only).
10. A statement that all materials below BFE/FPE must be flood resistant materials.
D. Determinations For Existing Buildings And Structures: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Idaho Building Code and this chapter is required.
E. Conditions Of Approval: Conditions of approval may include, but not be limited to:
1. Riparian vegetation and other landscaping is maintained in perpetuity as shown on approved plans.
2. As built certification shall be required to be submitted prior to occupancy of structure or upon completion of the proposed work.
3. Other permits (for example, Idaho department of water resources and U.S. army corps of engineers) shall be obtained by the applicant prior to commencement of construction.
4. Restoration of damaged riparian vegetation within riparian zone shall be required prior to completion of the proposed project. A bond to assure such restoration may be required prior to commencement of such work.
5. Landscaping and driveway plans to accommodate the function of the floodplain to allow for sheet flooding. Floodwater carrying capacity is not diminished by the proposal. Surface drainage is controlled and shall not adversely impact adjacent properties including driveways drained away from paved roadways. Culvert(s) under driveways may be required. Landscaping berms shall be designed to not dam or otherwise obstruct floodwaters or divert same onto roads or other public pathways.
6. Impacts of the development on aquatic life, recreation, or water quality upstream, downstream or across the stream are not adverse.
7. Building setback in excess of minimum required along waterways is encouraged.
8. The bottom of the lowest floor (crawl space) in the floodplain shall be a minimum of one foot (1') above the base flood elevation.
9. The backfill used around the foundation in the floodplain shall provide a reasonable transition to existing grade, but shall not be used to fill the parcel to any greater extent.
10. Driveways shall comply with effective street standards; access for emergency vehicles has been adequately provided for.
11. Landscaping or revegetation shall conceal cuts and fills required for driveways and other elements of the development.
12. Wetlands shall not be diminished.
F. Notice To Applicant, Issuance Of Permit: After rendering a decision, the floodplain administrator shall return one copy of the application and decision, together with those items required by subsection B of this section, to the applicant, after having marked such copy either as approved or disapproved and attested to the same by signing such copy. One copy of the complete application and decision, similarly marked, shall be retained by the floodplain administrator. The floodplain administrator shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title.
G. Construction Stage:
1. For all new construction and substantial improvements, the permit holder shall provide to the floodplain administrator an as built certification of the floor elevation or floodproofing level, using appropriate FEMA elevation or floodproofing certificate, immediately after the lowest floor or floodproofing is completed. When floodproofing is utilized for nonresidential structures, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.
2. Certificate deficiencies identified by the floodplain administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the floodplain administrator to issue a stop work order for the project.
H. Appeals: Any person aggrieved by a decision of the floodplain administrator in the grant or denial of a floodplain development permit may appeal such decision to the city council, by filing a notice of appeal stating the nature of the appeal with the city council, within twenty (20) days of the return of the floodplain administrator's decision to the applicant. The city council, within fifteen (15) business days of the receipt of a notice of appeal, shall schedule and hold a public hearing in accordance with the hearing provisions of section 67-6509, Idaho Code, to further consider the application. Following the public hearing, the city council shall, within fifteen (15) business days of the hearing affirm, affirm with modification or reverse the decision of the floodplain administrator. The decision of the city council shall be in writing and accompanied by a statement in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon, and explain the justification for the decision based upon the criteria, standards, and facts as set forth. In accordance with the provisions of section 67-5215, Idaho Code, a person aggrieved by a decision of the city council in its grant or denial of a floodplain development permit may appeal the city council's decision to the district court.
I. Expiration And Revocation Of Floodplain Development Permit: If the work described in the development permit has not begun within one year from the date of issuance thereof, said permit shall expire and shall be revoked by the floodplain administrator and written notice thereof shall be given to the persons affected.
(Ord. 700A, 3-11-2014; amd. Ord. 815, 7-23-2019)
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