§ 155.15 ABROGATION AND GREATER RESTRICTIONS.

   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. O-28-96, passed 12-10-96; Am. Ord. O-8-07, passed 5-22-07)

§ 155.16 INTERPRETATION.

   In the interpretation and application of this chapter, all provisions shall be: (a) considered as minimum requirements; (b) liberally construed in favor of the governing body; and, (c) deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. O-28-96, passed 12-10-96; Am. Ord. O-8-07, passed 5-22-07)

§ 155.17 WARNING AND DISCLAIMER OR LIABILITY.

   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City Council of Florence or any officer or employee, the Commonwealth of Kentucky, the Federal Insurance Administration, or the Federal Emergency Management Agency, thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. O-28-96, passed 12-10-96; Am. Ord. O-8-07, passed 5-22-07)

§ 155.18 ASSURANCE TO FEDERAL INSURANCE ADMINISTRATION.

   The City of Florence, Kentucky, assures the Federal Insurance Administration that it will enact as necessary, and maintain in force in those areas having flood, or flood- related erosion hazards, adequate land use and control measures with effective enforcement provisions consistent with the Criteria set forth in part 60 of the National Flood Insurance Program Regulations (CFR44).

(Res. R-13-96, passed - - )

§ 155.19 PUBLIC SERVICES DIRECTOR RESPONSIBILITIES.

   The Public Services Director is vested with the responsibility, authority and means to:

   (A)   Assist the Administrator, at his request, in his delineation of the limits of the area having special flood, or flood-related erosion hazards.

   (B)   Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain, or flood-related erosion areas.

   (C)   Cooperate with federal, state, and local agencies and private firms which undertake to study, survey, map, and identify flood plain, or flood-related erosion areas, and cooperate with neighboring communities with respect to management of adjoining flood plain, and/or flood-related erosion areas in order to prevent aggravation of existing hazards.

   (D)   Upon occurrence, notify the Administrator in writing whenever the boundaries of the Community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all Flood Hazard Boundary Maps and Flood Insurance Rate Maps accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished flood plain management regulatory authority.

   (E)   The Public Services Director is hereby appointed to maintain for public inspection and to furnish upon request for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance Rate Map, any certificates of flood-proofing, and information on the elevation (in relation to mean sea level) of the level of the lowest flood (including basement) of all new or substantially improved structure, and include whether or not such structures include a basement, and if the structure has been floodproofed; and

   (F)   The city hereby agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program.

(Res. R-13-96, passed - - )

ADMINISTRATION

§ 155.30 DESIGNATION OF LOCAL ADMINISTRATOR.

   The Boone County Building Inspector, and/or his designee, is hereby appointed to administer, enforce, and implement the provisions of this chapter by granting or denying development permits in accordance with its provisions, and is herein referred to as the Floodplain Administrator.

(Ord. O-28-96, passed 12-10-96; Am. Ord. O-8-07, passed 5-22-07)

§ 155.31 PERMIT PROCEDURES.

   A development permit shall be obtained before any construction or other development begins within any special flood hazard area established by § 155.12. Application for a development permit shall be made on forms furnished by the Floodplain Administrator prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Endorsement of Local Administrator is required before a state floodplain construction permit can be processed. Specifically, the following information is required:

   (A)   Application Stage.

      (1)   Proposed elevation in relation to Mean Sea Level (MSL) of the proposed lowest floor (including basement) of all structures in Zone A and elevation of highest adjacent grade; or

      (2)   Proposed elevation in relation to Mean Sea Level to which any non-residential building will be flood-proofed;

      (3)   All appropriate certifications from a registered professional engineer or architect that the non-residential flood-proofed structure will meet the floodproofing criteria in §§ 155.46(B)and 155.48(B);

      (4)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

   (B)   Construction Stage. Upon placement of the lowest floor, and before construction continues, or flood-proofing by whatever construction means, it shall be the duty of the permit holder to submit to the Floodplain Administrator and to the state a certification of the elevation of the lowest floor or flood-proofed elevation, as built, in relation to Mean Sea Level. In AE, A1-30, AH and A Zones where the community has adopted a regulatory Base Flood Elevation, said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular structure, said certification shall be prepared by or under the direct supervision of a certified professional engineer or architect. Any continued work undertaken prior to the submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the lowest floor and flood proofing elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

(Ord. O-28-96, passed 12-10-96; Am. Ord. O-8-07, passed 5-22-07)