(A) A floodplain development permit is required for any development within the community special flood hazard area (CSFHA) and is subject to the conditions below. The Floodplain Administrator is authorized to create, and amend from time to time as necessary, a Floodplain Regulations Technical Guidance Document to help explain the application of the provisions of this chapter, specifically the floodplain development permit provisions, through the use of charts and related written materials. The Floodplain Regulations Technical Guidance Document shall not be a part of this chapter, and shall be solely for illustrative and educational purposes. If there is any discrepancy between the Floodplain Regulations Technical Guidance Document and this chapter, the provisions of this chapter shall control.
(B) Floodplain development permits fall into one of two types: general floodplain development permits (GFDP) and individual floodplain development permits (IFDP). If the proposed development activities meet the requirements of the general floodplain development permit, an individual floodplain development permit is not required.
(1) General floodplain development permit. The intent of the general floodplain development permit (GFDP) is to allow uses or activities in the community special flood hazard area (including the FEMA floodway and community encroachment area) which inherently will not increase FEMA and/or community base flood elevations. The following uses and activities are permitted under a GFDP, without the need for an individual floodplain development permit, flood study or variance, as long as they result in no technically measurable increases in FEMA and/or community base flood elevations:
(a) General farming, pasture, horticulture, forestry, wildlife sanctuaries, gardens, lawns, landscaping, mulch 12 inches or less in depth, and other similar activities;
(b) Utility infrastructure (poles, sewer manholes, vent pipes, underground utilities and the like), sign poles, non-solid fences and other similar activities;
(c) On-grade driveways, trails, sidewalks, boardwalks, roads and road maintenance; storm drainage system construction, repairs and maintenance (major and minor system) and other similar activities. The Floodplain Administrator must be notified in writing, including a project description and sketch plan, prior to commencement of these activities;
(d) Interior renovations with a value of less than $10,000, to a structure with its lowest floor below the Flood Protection Elevation must meet the requirements of § 152.061(G); and
(e) Interior renovations of any value, to a structure with its lowest floor at or above the flood protection elevation.
(2) Individual floodplain development permits. Individual floodplain development permits are required for projects that do not meet the requirements of a general floodplain development permit. Application for an individual floodplain development permit (IFDP) shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities proposed to be located within the community special flood hazard area. Requirements for submittal are available from the Floodplain Administrator.
(3) Certification requirements.
(a) Final as-built elevation certificate (FEMA Form 81-31) (for either residential or nonresidential buildings) or floodproofing certificate (FEMA Form 81-65) is required after construction is completed and prior to the issuance of a certificate of occupancy or a temporary certificate of occupancy. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation or floodproofed elevation of the reference level and all attendant utilities. The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by this review shall be corrected by the permit holder immediately and prior to the issuance of a certificate of occupancy or temporary certificate of occupancy. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make the corrections required shall be cause to withhold the issuance of a certificate of occupancy or temporary certificate of occupancy.
(b) For proposed development to be located in the Community or FEMA Special Flood Hazard Area outside of the community encroachment area and the FEMA floodway, a certification from a registered land surveyor or professional engineer that states that no fill material was placed within the FEMA floodway or community encroachment area of any watercourse will be required prior to issuance of a certificate of occupancy or temporary certificate of occupancy.
(c) For proposed development within the community encroachment area or the FEMA floodway, an as-built topographic map prepared by a registered land surveyor or professional engineer will be required prior to issuance of a certificate of occupancy or temporary certificate of occupancy. This is in addition to the requirements of § 152.061(F).
(d) If a manufactured home is placed within the floodplain and the elevation of the chassis is 36 inches or higher above adjacent grade, an engineered foundation certification is required.
(e) Certification exemptions. The following structures, if located within the floodplain, are exempt from the elevation/floodproofing certification requirements specified in items (B)(3)(a) and (B)(3)(b) above:
1. Recreational vehicles meeting requirements of § 152.061(K);
2. Temporary structures meeting requirements of § 152.061(L); and
3. Accessory structures less than 150 square feet meeting requirements of § 152.061(M).
(4) Permit application requirements.
(a) A plot plan drawn to scale which shall include but shall not be limited to the following specific details of the proposed floodplain development:
1. The nature, location, dimensions and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
2. The location of the community flood fringe line, community encroachment line, FEMA flood fringe line and FEMA floodway line as shown on the FIRM or other flood map, or a statement that the entire lot is within the special flood hazard area;
3. Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map;
4. The FEMA base flood elevation (BFE), community base flood elevation (CBFE), and the Flood Protection Elevation (FPE);
5. The existing and proposed location of any watercourse that will be altered or relocated as a result of proposed development; and
6. The certification of the plot plan by a registered land surveyor or professional engineer as deemed necessary by the Floodplain Administrator.
(b) Proposed elevation of all development within the community or FEMA special flood hazard area, including but not limited to:
1. Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
2. Elevation in relation to mean sea level to which any nonresidential structure in Zone AE will be floodproofed; and
3. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
(c) If floodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data and an inspection and operational plan that includes but is not limited to installation, exercise and maintenance of floodproofing measures.
(d) A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:
1. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
2. Openings to facilitate automatic equalization of hydrostatic flood forces on walls when solid foundation perimeter walls are used in community or FEMA special flood hazard area (see § 152.061(D)).
(e) Usage details of any enclosed areas below the lowest floor.
(f) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical and water systems to be located and constructed to minimize flood damage.
1. Certification that all other local, state and federal permits required prior to floodplain development permit issuance have been received.
2. Documentation for proper placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of § 152.061(K) and (L) are met.
(g) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(5) Permit requirements. The floodplain development permit shall include, but not be limited to:
(a) A description of the development to be permitted under the floodplain development permit;
(b) The special flood hazard area determination for the proposed development;
(c) The flood protection elevation required for the reference level and all attendant utilities;
(d) The flood protection elevation required for the protection of all public utilities;
(e) All certification submittal requirements with timelines;
(f) A statement that no fill material or other development shall encroach into the community and/or FEMA Floodway of any watercourse, as applicable; and
(g) The flood openings requirements per § 152.061(B).
(Ord. 2009-03, passed 2-10-2009; Ord. 2013-02, passed 3-12-2013; Ord. 2014-00, passed 2-11-2014)