(a) Permitted development. Development in or the filling of the flood fringe shall be permitted only if protection is provided against the base flood by proper elevation and compensatory storage and if the other provisions of this article XIV are met. No use shall be permitted that adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of § 9-101.
(b) Development permit. No person, firm, corporation or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining a development permit therefor from the building commissioner.
(c) Application. Application for a development permit shall be made on a form provided by the building commissioner. The applicant shall submit a completed application to the building commissioner and shall forward a copy of such application to the village engineer. The application shall include drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a licensed engineer, architect or land surveyor; existing grade elevations in NAVD 88, and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings. For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans, and the development shall be subject to the requirements of § 9-101. The building commissioner shall determine, and the applicant shall submit, an appropriate application fee, taking into account the village engineer’s cost of review and other village expenses incurred in issuing the development permit.
(d) Site elevation. Upon receipt of a development permit application, the floodplain administrator shall compare the elevation of the site to the base flood or 100-year frequency flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the site’s first FIRM identification is not in the SFHA and, therefore, not subject to the requirements of this article XIV. The floodplain administrator shall forward to the building commissioner documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site’s first FIRM identification.
(e) Other permit requirements. The applicant shall provide to the building commissioner and to the floodplain administrator copies of all other federal, state and local permits, approvals or permit-not-required letters that are required for this type of activity. The building commissioner shall be responsible for obtaining from the applicant all other federal, state and local permits, approvals or permit-not-required letters that are required for this type of activity. The building commissioner shall not issue a permit unless all other federal, state and local permits have been obtained.
(f) No public health threat. No development in the flood fringe shall create a threat to public health and safety.
(g) Removal from floodplain. If fill is being used to elevate a site above the base flood elevation, the applicant shall submit sufficient data to FEMA and obtain a letter of map revision therefrom for the purpose of removing the site from the floodplain. See § 9-101 for additional requirements.
(h) Compensatory storage. Whenever any portion of a floodplain is authorized for use, the volume of space that will be occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation. The excavation volume shall be at least equal to one and one-half times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All floodplain storage lost below the existing ten-year flood elevation shall be replaced below the proposed ten-year flood elevation. All floodplain storage lost above the existing ten-year flood elevation shall be replaced above the proposed ten-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse.
(Ord. No. 2021-16-3512)