A. When a floodplain development permit is required by this chapter, applicants are required to furnish the following information:
1. Plans in duplicate drawn to scale (including dimensions) showing the location and elevation of the lot, existing and proposed structure locations, external dimension of structures, floodproofing measures, mean sea level elevation of the lowest floor of proposed structures and location of the channel, street or road finished grade elevations, well locations, and excavation or fill quantity estimates;
2. Specifications for floodproofing, filling, excavating, grading, riprapping, storage of materials and location of utilities;
3. A professional engineer's or registered architect's design calculations and certification that the proposed activity has been designed to be in compliance with these regulations; and
4. Certification of floodproofing or elevation shall be provided on a standard form available from the department.
B. To determine that the permit specifications and conditions have been completed, applicants who have received permits are required to furnish the following at the time of an on site conformance inspection:
1. Certification by a registered professional engineer or licensed land surveyor of the actual mean sea level elevation of the lowest floor (including basement) of all new, altered or substantially improved buildings;
2. If floodproofing techniques were used for buildings, the mean sea level elevation to which the floodproofing was accomplished must be certified by a structural engineer or licensed architect in the same manner;
3. Certification for artificial obstructions other than buildings, verifying that the activity was accomplished in accordance with this chapter and the design plans submitted with the application for the permit activity; and
4. Certification of floodproofing or elevation on a standard form available from the department.
C. Floodplain development permits may be granted or denied by the department on the basis of whether the proposal meets the requirements of this chapter. Factors that must be considered are:
1. The danger to life and property due to increased flood heights, increased floodwater velocities or alterations in the pattern of flood flow caused by encroachments;
2. The danger that materials may be swept onto other lands or downstream to the injury of others;
3. The proposed water supply and wastewater systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner;
5. The importance of the services provided by the facility to the community;
6. The requirement of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the proposed use;
8. The compatibility of the proposed use with existing development and anticipated development in the foreseeable future;
9. The relationship of the proposed use to the growth policy and floodplain management program for the area; and
10. The safety of access to property in times of flooding for ordinary and emergency services.
D. A floodplain development permit application is considered to have been automatically granted sixty (60) days after the date of receipt of a complete application as determined by the department unless the applicant has been notified that the permit is denied, conditionally approved or additional information pertinent to the permit review process is required.
E. The department may require additional information if necessary to determine whether the proposal meets the requirements of this chapter.
F. Upon receipt of a complete application for a floodplain development permit or a variance, the department must prepare a notice containing the facts pertinent to the application and must publish the notice at least once in a newspaper of general circulation in the area. Notice must also be sent by first class mail upon adjacent property owners and by the most efficient method to the DNRC floodplain management section. The notice must provide at least fifteen (15) days for interested parties to submit comments on the proposed activity.
G. Copies of all permits granted must be sent, by the most efficient method, to the DNRC floodplain management section.
H. In riverine situations notification by the department must be made to adjacent communities, the DNRC floodplain management section, and the federal emergency management agency prior to any alteration or relocation of a watercourse. (Ord. 3159, 8-20-2012)