A. Review Of Building Permits: Where elevation data is not available, either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, and any other relevant factors, where applicable. Failure to elevate at least two feet (2') above grade in these zones may result in higher insurance rates.
B. Construction Materials And Methods: All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage in accordance with the Technical Bulletin 2, “Flood Damage-Resistant Materials Requirements”, and available from the Federal Emergency Management Agency or in conformance with this chapter, whichever is more stringent.
C. Design, Location Of Certain Equipment: Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall be located at a minimum of the flood protection level, as defined in section 10-1-5, so as to prevent water from entering or accumulating within the components during conditions of flooding. On-site waste disposal systems shall be located and constructed to avoid functional impairment, or contamination from them, during flooding.
D. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.
E. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this chapter, shall meet the requirements of "new construction" as defined in section 10-1-5.
F. Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a building (within the original footprint) or structure existing on the effective date of this chapter and located totally or partially within the floodway, flood fringe area, or stream setback, provided there is no additional encroachment below the flood protection elevation in the floodway, flood fringe area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this chapter, including, but not limited to, construction within the original building footprint and in conformance with the substantial improvement criteria.
G. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in section 10-1-10. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the flood protection elevation and certified in accordance with the provisions of section 10-1-8-2K.
H. When a structure is partially located within an area of special flood hazard, the entire structure shall meet the requirements for new construction and substantial improvements.
I. When a structure is located within multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.
J. Certification Requirements:
1. Elevation Certificates:
a. An elevation certificate (FEMA Form 86-0-33) is required prior to the actual start of any new construction for all structures included within or removed from the special flood hazard area (SFHA). It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
b. The floodplain administrator may require an elevation certificate (FEMA Form 86-0-33) after the lowest floor is established. If required, within seven (7) calendar days of establishment of the lowest floor elevation, it shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the lowest floor, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
c. (1) A final as-built finished construction elevation certificate (FEMA Form 86-0-33) is required for all structures included within or removed from the special flood hazard area (SFHA) after construction is completed and prior to certificate of occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of occupancy.
(2) The finished construction elevation certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in divison A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three inches (3") by three inches (3"). Digital photographs are acceptable.
2. Floodproofing Certificate: If non-residential floodproofing is used to meet the flood protection elevation requirements, a floodproofing certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.
3. If a manufactured home is placed within zone A, AE, AH, AO, or A1-30 and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of section 10-1-8-6C.
4. Certification Exemptions: The following structures, if located within zone A, AE, AH, AO, or A1-30, are exempt from the elevation/floodproofing certification requirements specified in this division:
a. Recreational vehicles meeting requirements of section 10-1-8-7D;
b. Temporary structures meeting requirements of section 10-1-8-6E;
c. Accessory structures less than two hundred (200) square feet meeting requirements of section 10-1-8-6F.
d. Approved letter of map revision based on fill (LOMR-F), reflecting the lowest lot elevation (LLE) to be a minimum of one and one half feet (1.5') of fill above base flood elevation.
(Ord. 332, 2-23-1999; amd. Ord. 700A, 3-11-2014; Ord. 815, 7-23-2019)
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