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Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a public nuisance subject to abatement pursuant to Idaho Code § 46-1023(1) and/or be subject to the general penalty provisions found in City Code §§ 1-4-1 and 1-4-2. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 302, 1-19-2021)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. 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 special flood hazard areas 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, any officer or employee thereof, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 302, 1-19-2021)
This chapter and the various parts thereof are hereby declared to be severable. Should any Section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid. (Ord. 302, 1-19-2021)
The City Engineer is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions. (Ord. 302, 1-19-2021)
Duties of the Floodplain Administrator shall include, but not be limited to:
A. Permit Review: Review all development permits to determine that:
1. The permit requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
B. Use Of Other Base Flood Data: When Base Flood Elevation data has not been provided in accordance with Section 11-1-3-2, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data available from a federal, state or other source, in order to administer Section 11-1-5. Any such information shall be consistent with the requirements of the Federal Insurance Administrator.
C. Obtain And Maintain For Public Inspection: Obtain and maintain the following for public inspection and make available as needed:
2. Certification required by 11-1-5-1.C.2. (lowest floor elevations or floodproofing of non-residential structures and service facilities/mechanical equipment);
3. Certification required by Section 11-1-5-1.C.4. (engineered flood openings);
4. Records of all variance actions, including justification for their issuance;
5. Improvement and damage calculations.
D. Notification To Other Entities:
1. Whenever a watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.
2. Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
3. Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
E. Remedial Actions: Take actions on violations of this chapter as required in Section 11-1-3-6 herein. (Ord. 302, 1-19-2021)
A Development Permit shall be obtained before construction or development begins, including placement of manufactured homes, within any Special Flood Hazard Area established in Section 11-1-3-2. Application for a Development Permit may be made on forms furnished by the 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. Specifically, the following information is required:
A. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
B. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed;
C. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in Section 11-1-5-1.C.2.;
D. Base Flood Elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and
E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 302, 1-19-2021)
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