A. Designation Of The Local Floodplain Administrator: The Elko city engineer or designated staff member is hereby appointed local floodplain administrator to administer and implement this local ordinance by granting or denying floodplain development permits in accordance with its provisions.
B. Establishment Of Development Permit: A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in the city of Elko for the purpose of protecting its citizens from increased flood hazards and ensuring new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the flood insurance rate map enumerated in subsection 3-8-3B, "Basis For Establishing Areas Of Special Flood Hazard", of this chapter, without a valid floodplain development permit. Applications for a permit shall be made on forms furnished by the local floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
C. Permit Application: The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application forms.
1. The proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all residential and nonresidential structures whether new or substantially improved to be located in zones A, A1-A30, AE, and AH, if base flood elevations data are available.
2. In zone AO the proposed elevation in relation to mean sea level of the lowest floor (including basement) and the elevation of the highest adjacent grade of all residential and nonresidential structures whether new or substantially improved.
3. The proposed elevation in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed.
4. A certificate from a licensed professional engineer or architect in the state of Nevada that any utility floodproofing meets the criteria in subsection 3-8-5B, "Standards For Utilities", of this chapter.
5. A certificate from a licensed professional engineer or architect in the state of Nevada that any nonresidential floodproofed structures meet the criteria in subsection 3-8-5A5, "Nonresidential Floodproofing Requirements", of this chapter.
6. When a watercourse will be altered or relocated as a result of the proposed development, the applicant must submit the maps, computations, and other materials required by the federal emergency management agency (FEMA) to process a letter of map revision (LOMR) and pay any fees or other costs assessed by FEMA for processing the revision.
7. A technical analysis, by a professional engineer licensed in the state of Nevada, showing the proposed development located in the special flood hazard area will not cause physical damage to any other property.
8. When there is no base flood elevation data available for zone A from any source, the base flood elevation data will be provided by the permit applicant for all proposed development of subdivisions, manufactured home and recreational vehicle parks in the special flood hazard areas, for all developments of fifty (50) lots or five (5) acres, whichever is less.
D. Duties And Responsibilities Of The Local Floodplain Administrator: Duties and responsibilities of the local floodplain administrator shall include, but not be limited to, the following:
1. Permit Application Review: The floodplain development permit will not be issued by the local floodplain administrator until the following has been accomplished:
a. Review all applications for completeness, particularly with the requirements of subsection C, "Permit Application", of this section, and for compliance with the provisions and standards of this chapter.
b. Review all subdivision and other proposed new development, including manufactured home and recreational vehicle parks to determine whether the proposed development site will be reasonably safe from flooding. When the proposed building site is located in the special flood hazard area, all new construction and substantial improvements will meet the applicable standards of subsection 3-8-5A, "Standards Of Construction", of this chapter.
c. Determine whether any proposed development in the special flood hazard area may result in physical damage to any other property to include stream bank erosion and any increase in velocities or that it does not adversely affect the carrying capacity of the areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one-half foot (1/2') at any point. To assist the local floodplain administrator in making this determination, the permit applicant may be required to submit additional technical analyses.
d. Ensure all other required state and federal permits have been received.
e. For construction on an existing structure, determine if proposed construction constitutes substantial improvement or repair of a substantially damaged structure.
2. Use Of Other Flood Data:
a. When the federal emergency management agency has designated special flood hazard areas on the community's flood insurance rate maps (FIRM) but has neither produced water surface elevation data nor identified a floodway, the local floodplain administrator shall attempt to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to subsection D6, "Retaining Floodplain Development Documentation", of this section, as criteria for requiring new construction, substantial improvements or other proposed development meets the requirements of this chapter.
b. When base flood elevations are not available, the local floodplain administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the special flood hazard areas. This information shall be submitted to the city council for adoption.
c. When base flood elevations are not available from any other source, base flood elevations shall be obtained using one of two (2) methods from the FEMA publication, FEMA 265, "Managing Floodplain Development In Approximate Zone A Areas - A Guide For Obtaining And Developing Base (100-Year) Flood Elevations", dated July 1995.
3. Alteration Of Watercourses: Prior to issuing a permit for any alteration or relocation of watercourse the local floodplain administrator must:
a. Have processed letter of map revision (LOMR).
b. Notify all adjacent communities, Nevada's national flood insurance program coordinator, and submittal of evidence of such notification to the federal insurance administration, and the federal emergency management agency.
c. Determine that the potential permit recipient has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
4. Inspections: The local floodplain administrator or designee shall make periodic inspections throughout the period of construction to monitor compliance with the requirements of the floodplain development permit or any variance provisions.
5. Stop Work Orders: The local floodplain administrator shall issue, or cause to be issued, a stop work for any floodplain development found noncompliant with the provisions of this chapter or conditions of the development permit and all development found ongoing without a floodplain development permit. Disregard of a stop work order shall subject the violator to the penalties described in subsection 3-8-3C, "Compliance", of this chapter.
6. Retaining Floodplain Development Documentation: The local floodplain administrator shall obtain and retain for public inspection and have available for the national flood insurance program coordinator or the federal emergency management agency representative conducting a community assistance visit, the following:
a. Floodplain development permits and certificates of compliance.
b. Elevation certificates with record of certification required by subsection 3-8-5A4, "Lowest Floor Certification Requirements", of this chapter.
c. Certifications required by subsection 3-8-5A5, "Nonresidential Floodproofing Requirements", of this chapter.
d. Elevation certificates with record of certification required by subsection 3-8-5A6, "Requirements For Areas Below The Lowest Floor", of this chapter.
e. Elevation certificates with record of certification of elevation required by subsection 3-8-5C, "Standards For Subdivisions", of this chapter.
f. Certification required by subsection 3-8-5G, "Floodways", of this chapter.
g. Variances issued pursuant to section 3-8-6, "Variance Procedures", of this chapter.
h. Notices required under subsection D3, "Alteration Of Watercourses", of this section.
i. Reports required by subsection 3-8-5H, "Mudslide (i.e., Mudflow) Prone Areas", of this chapter.
7. Map Determinations: The local floodplain administrator may make map interpretations where needed, in writing with appropriate documentation, as to the exact location of the boundaries of the areas of special flood hazard and where there appears to be a conflict between a mapped boundary and actual field conditions.
8. Appeals: The city council of the city of Elko shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
9. Submission Of New Technical Data To FEMA: When the city of Elko base flood elevations either increase or decrease resulting from physical changes affecting flooding conditions, as soon as practicable, but not later than six (6) months after the date such information becomes available, the city of Elko will submit the technical or scientific data to FEMA. Such submissions are necessary so that upon confirmation of the physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
10. Nonconversion Of Enclosed Areas Below The Lowest Floor: To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the floodplain administrator shall:
a. Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet (5') or higher;
b. Enter into a "nonconversion agreement for construction within flood hazard areas" or equivalent with the city of Elko. The agreement shall be recorded with the Elko County recorder as a deed restriction. The nonconversion agreement shall be in a form acceptable to the floodplain administrator and county counsel; and
c. Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least seventy two (72) hours. (Ord. 736, 6-14-2011)