(A) Development permits.
(1) 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 Zoning Administrator.
(2) No person, firm, corporation, or governmental body shall commence any development of a critical facility on land below the 0.2% annual chance flood elevation without first obtaining a development permit from the Zoning Administrator.
(3) The Zoning Administrator shall only issue a permit for development activities, including new construction and substantial improvements, which meet the requirements of this chapter.
(B) The application for development permit shall be accompanied by:
(1) A site plan or drawings, drawn to scale using NG VD 29, showing:
(a) Property lines and dimensions;
(b) Existing grade elevations;
(c) All changes in grade resulting from excavation or filling;
(d) Description of the benchmark or source of survey elevation control;
(e) Sewage disposal facilities;
(f) Water supply facilities;
(g) Floodplain limits based on elevation or depth, as applicable;
(h) Floodway limits, as applicable;
(i) The location and dimensions of all buildings and additions to buildings;
(j) The location and dimensions of all structures, including but not limited to fences, culverts, decks, gazebos, agricultural structures, and accessory structures; and
(k) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 94.07.
(2) Cost of project or improvements, including all materials and labor, as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
(C) Upon receipt of an application for a development permit, the Zoning Administrator shall compare the elevation of the site to the BFE.
(1) Any development located on land that is shown by survey elevation to be below the current BFE is subject to the provisions of this chapter.
(2) 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.
(3) Any development located on land that can be shown by survey data to be higher than the current BFE and which has not been filled after the date of the site's first flood map showing the site in the floodplain, is not located in a mapped floodway, or located in a Zone A, is not in the floodplain and therefore not subject to the provisions of this chapter. A LOMR-Floodway is required before developing land inadvertently included in a mapped floodway. Unless a LOMR is obtained, all ordinance provisions apply if the land is located in a Zone A.
(4) 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.
(5) The Zoning Administrator shall maintain 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.
(6) The Zoning Administrator shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit-not-required letters that may be required for this type of activity. The Zoning Administrator shall not issue a permit unless all other federal, state, and local permits have been obtained.
(D) Upon receipt of an application for a critical facility, the Zoning Administrator shall compare the elevation of the site to the 0.2% annual chance flood elevation, if available. Refer to § 94.09(A)(5) 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. 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 180 days each, may be granted, in writing, by the Zoning Administrator. 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.
(F) Certification and as-built documentation.
(1) The applicant is required to submit certification by a licensed professional engineer or registered land surveyor that the finished fill and building elevations were accomplished in compliance with § 94.07 of this chapter. Floodproofing measures must be certified by a registered professional engineer or registered architect as being compliant with applicable floodproofing standards. Accessory structures designed in accordance with § 94.07 are exempt from certification, provided sufficient compliance with the development permit are documented. FEMA elevation certificate and flood proofing certificate forms are required as documentation of compliance.
(2) 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.
(3) No building, land or structure may be occupied or used in any manner until a letter or certificate has been issued by the Zoning Administrator. Stating that the use of the building or land conforms to the requirements of this chapter.
(4) The Zoning Administrator must maintain records in perpetuity documenting compliance with this chapter, including the elevation to which structures and alterations to structures are constructed or floodproofed.
(Ord. 2022-04, passed 7-7-2022) Penalty, see § 94.99