A. Designation Of Floodplain Administrator: The Planning and Zoning Administrator is hereby appointed as the Floodplain Administrator, who is responsible for administering and implementing the provisions of this chapter.
B. Permit Procedures: A floodplain development permit shall be obtained before any construction or development begins within any area of special flood hazard established in subsection 11-1-3B of this chapter. This permit shall be for all structures, including manufactured homes, as set forth in the "definitions", and for all "development", including fill and other activities, also as set forth in the "definitions". Any reconstruction, rehabilitation, addition or alteration of any structure or development, including all such changes to conforming and nonconforming developments that existed prior to the adoption of this chapter, also must obtain a floodplain development permit. Application for a floodplain development permit shall be made to the floodplain administrator on forms furnished by the administrator or the administrator's designee prior to starting development activities. In order to complete a permit, information is required during the application and construction stages. Specifically, the following information is required:
1. Application Stage:
a. Plans in duplicate drawn to scale with elevations of the project area, the nature, location, dimensions of existing and proposed structures, earthen fill placement, storage of materials or equipment and drainage facilities;
b. Elevation in relation to the flood protection elevation identified on the effective FIRM of the lowest floor level, including crawl spaces or basement, of all proposed structures or identified by other flood protection elevation data as provided under subsection B1c of this section;
c. If base flood elevation data or floodway data are not available from the most current FIS and FIRM, or from a federal or state source, then it shall be developed independently by the applicant through analysis by a registered professional engineer;
d. If base flood and floodway data are from other than a current FIRM, and are less restrictive than the current FIRM, the information shall be submitted to FEMA to obtain a letter of map change before construction occurs under a floodplain development permit;
e. Elevation to which any nonresidential structure will be floodproofed;
f. Design certification from a registered professional engineer or architect that any proposed nonresidential floodproofed structure will meet the floodproofing criteria in subsection 11-1-5G1b of this chapter;
g. Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development;
h. Description of mitigation or maintenance activities within the altered or relocated portion of all altered or relocated watercourses and certification by a registered professional engineer that the flood carrying capacity is not diminished;
i. Copies of all required federal and state permits, including studies and mitigation plans for wetlands;
j. The administrator may require additional information if necessary to determine impacts to special flood hazard areas or to ensure that the development mitigates such impacts.
2. Technical Review: A technical review will be required to evaluate the technical data that is part of the application. The applicant will pay the costs of an independent technical review.
3. Construction Stage:
a. 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 the same;
b. 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.
4. Expiration Of Floodplain Development Permit: All floodplain development permits shall be conditional upon the commencement 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 been substantially begun and thereafter is pursued to completion.
C. Duties And Responsibilities Of Administrator: Duties of the floodplain administrator shall include, but shall not be limited to:
1. Review all floodplain development permit applications to assure that the permit requirements of this chapter have been satisfied.
2. Review proposed development to assure that necessary permits have been received from governmental agencies from which approval is required by federal or state law, including section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334; the endangered species act of 1973, 16 USC 1531-1544; and state of Idaho stream channel alteration permits, Idaho Code title 42, chapter 38, require that copies of such permits be provided and maintained on file. However, the administrator's review in no way alters the responsibility of the developer to obtain all necessary permits.
3. Obtain and record from the applicant, the actual elevation in relation to the vertical datum on the effective FIRM, or highest adjacent grade, of the lowest floor level, including basement, of all new construction or substantially improved structures.
4. Obtain and record from the applicant, the actual elevation, in relation to the vertical datum on the effective FIRM to which any new or substantially improved structures have been floodproofed.
5. When floodproofing is utilized for a structure, the floodplain administrator shall obtain certification of design criteria from a registered professional engineer or architect.
6. Where interpretation is needed of the exact location of boundaries of the areas of special flood hazard, including regulatory floodway (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter.
7. Ensure that all records pertaining to the provisions of this chapter shall be maintained in the office of the city clerk or his/her designee and shall be open for public inspection.
8. Issue or deny development permits.
D. Fees And Deposits: Any fees for the floodplain development permit shall be set by resolution of the city council. (1984 Code § 12-1-4)
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