(A) Administering Agency. The Louisville and Jefferson County Metropolitan Sewer District shall be the administering agency for this chapter. As administering agency it shall:
(1) Keep on file and make available to the public for its inspection up-to-date copies of the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRM), which are in digital format, published by the Federal Insurance Administration (FIA) or FEMA for the geographic boundaries of the Louisville/Jefferson County Metro Government and any cities within such geographic boundaries, dated December 5, 2006 and any amendments made by FEMA to such maps from time to time. Effective December 5, 2006, the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRM), dated December 5, 2006 and any subsequent amendments thereto, are hereby adopted and incorporated by reference. Prior to December 5, 2006, the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRM), published by the Federal Insurance Administration (FIA) or FEMA for the geographic boundaries of the Louisville/Jefferson County Metro Government and any cities within such geographic boundaries, dated February 2, 1994 and any amendments that have been made thereto, shall be kept on file and made available to the public for inspection.
(2) Accept data from third parties or use data of which it may become aware such as construction of any flood control protective works, evaluate it and, when the administering agency deems it accurate and otherwise acceptable, submit it to the Administrator of the Federal Insurance Administration or FEMA as the basis for amending the Flood Insurance Rate Maps for Jefferson County, and work with FEMA to amend the Flood Insurance Rate Maps for Jefferson County.
(3) Engage in a program of education to promote public awareness of the location of local regulatory floodplain, the risks of undertaking development in those areas without appropriate floodproofing and floodplain storage compensation measures, the availability and advantages of flood insurance, and protections which may be provided by floodproofing and floodplain storage compensation.
(4) On a time schedule as staffing and budget permit in the discretion of the administering agency prepare or cause to be prepared watershed master plans for all watersheds in Jefferson County identifying thereon the local regulatory base flood elevation, the local regulatory floodplain, the local regulatory conveyance zone, and other relevant hydraulic and geologic information.
(5) Develop an application for the floodplain permit listing items and information to be submitted for review and the form of those submittals and establish fees to be paid to the administering agency to cover the cost of its review. Information to be submitted shall include but not be limited to the following: site plan, lower floor construction drawings, grading and drainage plans, base flood elevation, conveyance zone limits, elevation of lowest floor, floodproofing elevation if applicable, floodproofing certification if applicable, description of the extent to which a watercourse will be altered, description of access, state permit, deed of restriction if applicable, certificate by a licensed professional engineer in the Commonwealth of Kentucky as to floodproofing adequacies and base flood elevation data for proposed new development.
(6) Review all floodplain permit applications for development or construction of structures in the local regulatory floodplain and so long as the application as it may be revised and any conditions attached to it are consistent with the requirements of this chapter, issue floodplain permits therefor and assure that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required.
(7) Inspect as necessary development permitted by the floodplain permit or local regulatory conveyance zone permit to assure its conformance with the permit issued and obtain from the permit holder certificates of elevation in accordance with the provisions of this chapter.
(8) When the development is not in conformance with this chapter or with the floodplain permit or the local regulatory conveyance zone permit issued by the administering agency, either take appropriate enforcement action or recommend enforcement action to the Floodplain Board.
(9) Notify adjacent communities and the State prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA.
(10) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(11) Develop regulations as necessary implementing the provisions of this chapter including application forms and required submittals of technical information and maps and drawings to provide the administering agency adequate information for its review.
(12) Provide to the Floodplain Board the information and assistance required and necessary for its proceedings and actions.
(13) At its sole discretion, in an emergency, if other appropriate information designating local regulatory base flood elevation, local regulatory conveyance zone and local regulatory floodplain is not available, use maps issued by FEMA designating the FEMA base flood elevation, floodway and floodplain instead.
(14) Provide a flood determination letter. The flood determination letter shall include, at a minimum, whether any flood permits have been issued for repairs, reconstruction, alteration, additions and/or improvements within a ten-year rolling period for properties located in the floodplain.
(15) Maintain a database of all approved floodplain permits for properties located in the floodplain. This database shall include dates and amounts of the approved permits. This information shall be made available to the public upon request.
(B) Variances. The Floodplain Board, upon application, after public hearing, and subject to the procedural and substantive standards hereinafter set forth, may grant such specific variance from the individual provisions of § 157.03 above as will not cause detriment to the public good, safety or welfare nor be contrary to the spirit, purposes or intent of this chapter where by reason of unique and exceptional physical circumstances or condition of the particular property owned by the applicant (including all adjacent or contiguous or nearby property under the same ownership) the literal enforcement of the requirements of this chapter will result in an unreasonable hardship on the owner of the property adversely affected by the provisions of § 157.03.
(1) The following additional prerequisites are required for the granting of a variance from § 157.03:
(a) The property is a historic structure, and the development proposed will not preclude the structure's continued designation as a historic structure, and the variance requested from the provisions of § 157.03 is the minimum required to preserve the historic character of the structure; or
(b) The variance is the minimum necessary to afford relief, considering the flood hazard; and
(c) A showing has been made of good and sufficient cause, a finding has been made that failure to grant the variance would result in exceptional hardship to the applicant, and a finding has been made that the granting of a variance would not result in an increase in the local regulatory base flood elevation, additional threats to public safety, or public expense, nor create nuisances, cause fraud on or victimization of the public, nor conflict with existing local laws or ordinances; and
(d) A variance shall not be granted within the local regulatory conveyance zone if any increase in the local regulatory base flood elevation during a local regulatory flood would result.
(2) Conditions.
(a) Upon consideration of the factors noted above and the intent and policies of this chapter, the Floodplain Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives herein.
(b) If an applicant is granted a variance which allows the permitted structure to be built with a lowest floor elevation no more than a specified number of feet below freeboard elevation then the applicant shall be notified that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(3) Additional information. The Floodplain Board may require the applicant to submit such additional information as it may deem necessary in order for it to evaluate the variance request.
(4) Process. Upon receipt of the written request of an applicant for a variance stating the reason therefor, the written decision of the administering agency disapproving the requested development and receipt of any additional information requested by the Floodplain Board, the Floodplain Board shall schedule a public hearing date, notify adjacent property owners and hear all interested parties at the hearing before rendering its decision to grant or deny the variance or to grant it with conditions.
(C) Appeals.
(1) Any person aggrieved by a final written decision of the administering agency under this chapter may appeal that decision to the Jefferson Circuit Court.
(2) All appeals shall be taken in the appropriate Circuit Court within 30 days after the final action or decision of the administering agency and all decisions which have not been appealed within 30 days shall become final.
(3) When an appeal has been filed, the clerk of the Circuit Court shall issue a summons to all parties, including the administering agency in all cases, and shall cause to be delivered for service as in any other law action.
(1994 Jeff. Code, § 157.04) (Jeff. Ord. 30-1997, adopted and effective 11-11-1997; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 202-2006, approved 11-13-2006; Lou. Metro Am. Ord. No. 199-2015, approved 11-24-2015; Lou. Metro Am. Ord. No. 157-2017, approved 8-25-2017)