(A) Establishment of development permit. A development permit shall be obtained before construction or development begins within the community. Application for a development permit shall be made on forms furnished by the city and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
(B) Designation of the local administrator. The City Council is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(C) Duties and responsibilities of the City Council. Duties of the City Council shall include, but not be limited to, permit review:
(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;
(2) Review all development permits to determine that permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; and
(3) Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the flood-prone area. For the purposes of this chapter, ADVERSELY AFFECTS means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.
(a) If it is determined that there is no adverse effect and the development is not a building, then the permit shall be granted without further consideration.
(b) If it is determined that there is an adverse effect, then technical justification (i.e., a registered professional engineer’s certification) for the proposed development shall be required.
(c) If the proposed development is a building, then the provisions of this chapter shall apply.
(Ord. 204, passed - -)