(A) No person, firm, corporation or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the Floodplain Manager.
(B) No person, firm, corporation or governmental body shall commence any development of a critical facility on land below the 0.2% annual chance food elevation without first obtaining a development permit from the Floodplain Manager. The Floodplain Manager shall not issue a development permit if the proposed development does not meet the requirements of this chapter.
(C) For development in flood fringes, regulatory floodplains, and SFHA or floodplains where no floodways have been identified (zones A, AO, AH, AE, A1 through A30, A99, AR, VO, V1 through V30, VE, V, M or E), the following requirements shall be met. The application for development permit shall be made on a form provided by the county.
(1) The application for development permit shall be accompanied by:
(a) Drawings of the site, drawn to scale showing property line dimensions and legal description for the property and sealed by a licenced engineer, architect or land surveyor;
(b) Existing grade elevations using NAVD 88 and all changes in grade resulting from excavation or filling;
(c) The location and dimensions of all buildings and additions to buildings;
(d) Enclosures below the base flood elevation and accessory buildings will require a non- conversion agreement
(e) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 152.07; and
(f) Itemized cost of project or improvements as estimated by a licensed engineer or architect.
(2) Upon receipt of an application for a development permit, the Floodplain Manager or the County Engineer shall compare the elevation of the site to the base flood elevation (BFE). Any development located on land that can be shown by survey data to be below the current BFE is subject to the provisions of this chapter.
(3) Any development located on land shown to be below the BFE and hydraulically connected to a flood source, but not identified as floodplain on the current FIRM, is subject to the provisions of this chapter.
(4) Any development located on land that can be shown by survey data to be higher than the current base flood elevation (BFE) and which has not been filed after the date of the site’s first flood insurance rate map is not in the mapped floodway, or located in Zone A, is not in the floodplain and therefore not subject to the requirements of this chapter. A LOMA-floodway is required before developing land inadvertently included in the mapped floodway. Unless a LOMA is obtained, all provisions of this chapter apply if the land is located in a Zone A.
(5) Any development located on land that is above the current BFE, but will be graded to an elevation below the BFE, is subject to the provisions of this chapter.
(6) The Floodplain Manager shall maintain documentation of the existing ground elevation at the development site and certification that the ground elevation existed prior to the date of the site’s first FIRM identification.
(7) A soil erosion and sedimentation control plan for disturbed areas greater than 10,000 square feet shall be submitted. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate the effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure post-construction maintenance.
(8) The Floodplain Manager shall be responsible for obtaining from the applicant copies of all other local, state and federal permits, approvals or permit-not-required letters that may be required for this type of activity listed in § 152.06. The Floodplain Manager shall not issue a permit unless all other local, state and federal permits have been obtained.
(D) Upon receipt of an application for a critical facility, the Floodplain Manager shall compare the elevation of the site to the 0.2% annual chance flood elevation, if available. Refer to § 152.09 for critical facility site requirements.
(E) A development permit or approval shall become invalid unless the actual start of construction, as defined, for work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences.
(F) All permitted work shall be completed within 12 months after the date of issuance of the permit or the permit shall expire. Time extensions of not more than 90 days each may be granted, in writing, by the Floodplain Manager. Time extensions shall be granted only if the original permit is compliant with this chapter and the FIRM and FIS in effect at the time the extension is granted.
(G) The applicant is required to submit certification by a registered, licensed professional engineer or registered land surveyor that the finished fill and building elevations were accomplished in compliance with § 152.07. Floodproofing measures must be certified by a registered professional engineer or registered architect as being compliant with applicable floodproofing standards.
(H) Accessory structures designed in accordance with § 152.07 are exempt from certification, provided sufficient compliance with the development permit are documented. FEMA elevation certificate and floodproofing certificate forms may be required as documentation of compliance.
(I) An as-built grading plan prepared by a registered professional engineer is required to certify that any development in floodplain, such as grading or the construction of bridges or culverts, are in substantial conformance with the development permit.
(J) No building, land or structure may be occupied or used in any manner until a letter or certificate has been issued by the Floodplain Manager stating that the use of the building or land conforms to the requirements of this chapter.
(K) The Floodplain Manager must maintain records in perpetuity documenting compliance with
this chapter including the elevation to which structures and alterations to structures are constructed or floodproofed.
(L) Refer to § 36.098 in the county fee schedule of this code of ordinances.
(Ord. 21-4, passed 11-9-2021)