(A) Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood by property elevation, and compensatory storage and other provisions of this chapter are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of § 151.34.
(B) Development permit.
(1) No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the floodplain without first obtaining a development permit from the building commissioner and city engineer.
(2) Application for a development permit shall be made on a form provided by the building commissioner. The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a licensed engineer or land surveyor; existing grade elevations using NAVD 88 and all changes in grade resulting from excavation or filling; the location and dimensions of all building and additions to buildings. For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of § 151.34.
(3) Upon receipt of a development permit application, the building commissioner and city engineer shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the site’s first flood insurance rate map elevation as of the site’s first flood insurance rate map identification is not in the floodplain and, therefore, not subject to the requirements of this chapter. Any development located on land shown to be below the BFE that is hydraulically connected to the floodplain, but not shown on the current FIRM, is subject to the provisions of this chapter. The building official 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 flood insurance rate map identification.
(4) A soil erosion and sedimentation control plan for disturbed areas 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 their 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.
(5) The building commissioner and city engineer shall be responsible for obtaining from the applicant copies of all other local, state, and federal permits, approvals or permit-not-required letter that may be required for this type of activity. The building commissioner and city engineer shall not issue a permit unless all other local, state, and federal permits have been obtained.
(6) A development permit or approval shall become invalid unless the actual start of construction, as defined in § 151.03, 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 a local permit expiration period 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 building commissioner. 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.
(C) Preventing increased damages.
(1) No development in the flood fringe shall create a threat to public health and safety.
(2) If fill is being used to elevate the site above the base flood elevation, the application shall submit sufficient data and obtain a letter of map revision (LOMR) from FEMA for the purpose of removing the site from the floodplain.
(3) Compensatory storage. Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation. The excavation volume shall be at least equal to the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All floodplain storage lost below the existing 10% annual chance flood elevation shall be replaced below the proposed 10% annual chance flood elevation. All flood plain storage lost above the existing 10% annual chance flood elevation shall be replaced above the proposed 10% annual chance flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse.
(D) (1) A person who has obtained a LOMR based on fill, which removes a site in the floodplain due to the use of fill to elevate the site above the BFE, may apply for a permit from the city to construct the lowest floor of a building below the BFE in the floodplain. The building commissioner shall not issue such a permit unless the applicant has demonstrated that the building will be reasonably safe from flooding. The building commissioner shall require a professional certification from a qualified design professional that indicates the land or buildings to be removed from the SFHA are reasonably safe from flooding, according to the criteria established in FEMA Technical Bulletin 10-01. Professional certification may come from a professional engineer, professional geologist, professional soil scientist, or other design professional qualified to make such evaluations.
(2) The building commissioner shall maintain records, including but not limited to, all correspondence, professional certification, existing and proposed grading, sump pump sizing, foundation plans, elevation certificates, compensatory storage calculations, soil testing and compaction data.
(Ord. 92-23, passed 6-16-92; amend. Ord. O-14-03, passed 2-14- 03; amend. Ord. O-16-19, passed 10-15-2019) Penalty, see § 151.99