A. Application Requirements. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
1. A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
a. 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;
b. The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in section 15.32.060B, or a statement that the entire lot is within the special flood hazard area;
c. The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in section 15.32.060B;
d. The boundary of the floodway(s) as determined in section 15.32.060B;
f. The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
g. The certification of the plot plan by a registered land surveyor or professional engineer.
2. Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
b. Elevation in relation to mean sea level to which any non-residential structure in Zone A, AE, AH, or AO will be floodproofed; and
c. Elevation in relation to mean sea level to which any proposed utility equipment and machinery will be elevated or floodproofed.
3. If floodproofing, a floodproofing certificate (FEMA Form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures will be required prior to certificate of occupancy/completion.
4. 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:
a. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and
b. Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with section 15.32.110H.2. when solid foundation perimeter walls are used in Zones A, AE, AH, and AO.
c. The certification of the foundation plan be approved by a registered professional engineer.
5. Usage details of any enclosed areas below the lowest floor.
6. 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.
7. Certification that all other local, state, and federal permits required prior to floodplain development permit issuance have been received.
9. 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
10. A map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. This is a hydraulic and hydrology analysis, and may involve the LOMC procedure.
B. Permit Requirements: The floodplain development permit shall include, but not be limited to:
1. A complete description of all the development to be permitted under the floodplain development permit (i.e. house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, rip-rap, docks, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.).
2. The special flood hazard area determination for the proposed development in accordance with available data specified in section 15.32.060B.
3. The flood protection elevation required for the lowest floor and all attendant utilities.
a. The flood protection elevation required for the protection of all utility equipment and machinery.
4. All certification submittal requirements with timelines.
5. A statement that no fill material or other development shall encroach into the floodway of any watercourse, as applicable.
6. The flood openings requirements, if in Zones A, AE, AH, or AO.
7. All floodplain development permits shall be conditioned upon the start of construction of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.
8. Fully enclosed areas below the lowest floor are usable solely for parking of vehicles, building access, or storage.
9. All materials below BFE/FPE must be flood resistant materials.
C. Certification Requirements:
1. Elevation Certificates:
a. Construction drawings elevation certificate (FEMA Form 86-0-33) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
b. A building under construction elevation certificate (FEMA Form 86-0-33) is required after the lowest floor is established. Within seven (7) calendar days of establishment of the lowest floor elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
c. A final as-built finished construction elevation certificate (FEMA Form 86-0-33) is required after construction is completed and prior to certificate of compliance/occupancy issuance. 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 of the lowest floor and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.
The finished construction elevation certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in division A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three inches by three inches (3" × 3"). Digital photographs are acceptable.
2. Floodproofing Certificate. If non-residential floodproofing is used to meet the flood protection elevation requirements, design plans, with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing 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, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Prior to request for a certificate of compliance/occupancy a floodproofing certificate (FEMA Form 086-0-34) shall be provided to the Floodplain Administrator for review and approval.
3. If a manufactured home is placed within Zone A, AE, AH, or AO and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of section 15.32.120C.2.
4. If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:
a. A description of the extent of watercourse alteration or relocation; and
b. A professional engineer's certified 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
c. A map showing the location of the proposed watercourse alteration or relocation; and
d. An Idaho stream channel alteration permit approval shall be provided by the applicant to the Floodplain Administrator.
5. Certification Exemptions: The following structures, are exempt from the elevation/floodproofing certification requirements specified in divisions C.1. and C.2. of this subsection:
a. Recreational vehicles meeting requirements of section 15.32.120E.1.;
b. Temporary structures meeting requirements of section 15.32.120F.; and
c. Accessory structures less than two hundred (200) square feet meeting requirements of section 15.32.120G.
D. Determinations For Existing Buildings And Structures: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, improvements, repairs of damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Idaho Building Code and this chapter is required. (Ord. 3054, 2020)