A. Flood Plain Administrator: As provided in Section 14-4-6 of this Title, the Flood Plain Administrator has been designated by the City Council and has the responsibility of such position as outlined in these regulations.
B. Review Authority; Considerations: The Flood Plain Administrator is hereby appointed with the authority to review flood plain development permit applications, proposed uses and construction to determine compliance with these regulations. The Flood Plain Administrator is required to ensure that all necessary permits have been received from those governmental agencies from which approval is required by Federal and State law and local codes, including section 404 of the Federal Water Pollution Control Act of 1972, 33 USC 1334 and under the provisions of the Natural Streambed and Land Preservation Act. Flood plain development permits shall be granted or denied by the Flood Plain Administrator on the basis of whether the proposed establishment, alteration or substantial improvement of an artificial obstruction meets the requirements of these regulations. Additional factors that shall be considered for every permit application are:
1. Danger To Life And Property: The danger to life and property due to increased flood heights, increased flood water velocities or alterations in the pattern of flood flow caused by encroachments;
2. Materials Swept Onto Other Lands: The danger that materials may be swept onto other lands or downstream to the injury of others;
3. Prevention Of Disease And Unsanitary Conditions: The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
4. Susceptibility Of Facility: The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner;
5. Importance Of Services: The importance of the services provided by the facility to the community;
6. Requirement For Waterfront Location: The requirement of the facility for a waterfront location;
7. Available Alternative Locations: The availability of alternative locations not subject to flooding for the proposed use;
8. Compatibility: The compatibility of the proposed use with existing development and anticipated development in the foreseeable future;
9. Relationship To Comprehensive Plan: The relationship of the proposed use to the Comprehensive Plan and flood plain management program for the area;
10. Safety Of Access: The safety of access to property in times of flooding for ordinary and emergency services; and
11. Other Factors: Such other factors as are in harmony with the purposes of these regulations, the Montana Flood Plain and Floodway Management Act and the National Flood Insurance Program.
C. Time Limit For Action On Permit Application: A flood plain development permit application is considered to have been automatically granted sixty (60) days after the date of receipt of the application by the Flood Plain Administrator, unless the applicant has been notified that the permit is denied, conditionally approved or additional information pertinent to the permit review process is required.
D. Adoption Of Administrative Procedures: The Flood Plain Administrator shall adopt such administrative procedures as may be necessary to efficiently administer the provision of these regulations.
E. Records Maintenance: The Flood Plain Administrator shall maintain such files and records as may be necessary to document nonconforming uses, base flood elevations, floodproofing and elevation certifications, fee receipts, the issuance of permits, agenda, minutes, records of public meetings and any other matters related to flood plain management in the City. Such files and records shall be open for public inspection. In matters of litigation, the City Attorney may restrict access to specific records.
F. Additional Information May Be Required: The Flood Plain Administrator may require whatever additional information is necessary to determine whether the proposed activity meets the requirements of these regulations. Additional information may include hydraulic calculations assessing the impact on base flood elevations or velocities; level survey; or certification by a registered land surveyor, professional engineer or licensed architect that the requirements of these regulations are satisfied.
G. Notice To Public; Publication: Upon receipt of an application for a permit or a variance, the Flood Plain Administrator shall prepare a notice containing the facts pertinent to the application and shall publish the notice at least once in a newspaper of general circulation in the area. Notice shall also be served by first class mail upon adjacent property owners and the DNRC Flood Plain Management Section. The notice shall provide a reasonable period of time, not less than fifteen (15) days, for interested parties to submit comments on the proposed activity.
H. Distribution Of Permits Granted: Copies of all permits granted must be sent to the Department of Natural Resources and Conservation in Helena, Montana.
I. Notification To Specific Agencies: In riverine situations, notification by the Flood Plain Administrator must be made to adjacent communities, the Flood Plain Management Section (DNRC) and FEMA prior to any alteration or relocation of a stream. The flood-carrying capacity within the altered or relocated portion of any stream must be maintained. Erosion control measures shall be incorporated to ensure stability of altered channels and stream banks. (Ord. 97-01, 3-24-1997)