(A) The city officially recognizes the beneficial functions the floodplain serves in storage and transportation of water during floods.
(B) Therefore:
(1) Placement of fill in the special flood hazard area is discouraged and should be minimized;
(2) No fill shall be permitted in the floodway;
(3) Placement of fill in other areas of the special flood hazard area shall be restricted to functional purposes such as elevating a structure. Fill shall only be permitted in the same permit with the related structure or other functional purpose. Placement of fill to dispose of spoil from excavation or to elevate yards, parking lots, or fields will not generally be considered a functional purpose. The Floodplain Administrator may require the developer to provide compensatory storage before permitting fill;
(4) No fill shall be permitted unless it meets the requirements of § 153.025 of this chapter. All fill placed in the special flood hazard area shall meet or exceed the following standards.
(a) Fill shall be used only to the extent to which it does not adversely affect adjacent properties. The city may require the applicant to demonstrate through engineering reports that proposed fill would not adversely affect adjacent properties. When required, hydrologic and hydraulic analyses shall be undertaken only by registered professional engineers who shall certify that the technical methods used correctly reflect currently accepted technical concepts. The resultant study shall include a cover letter, signed and sealed by the responsible professional, providing a statement of findings in basic terms. In addition, studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the city. During permit review the city shall consider the following issues that have the potential to cause adverse impact to adjacent properties:
1. Unacceptable increases in flood heights;
2. Blocking drainage from adjacent property;
3. Deflection of flood waters onto adjacent existing structures;
4. Increases to stream velocity initiating or exacerbating erosion problems; and
5. Other unique site conditions may be considered when determining whether fill will cause adverse impact to adjacent property including, but not limited to, subsidence areas, Karst topography, stream blockages and steep topography adjacent to the channel.
(b) Fill shall be used only to the extent to which it does not adversely affect the capacity of channels or floodways of any tributary to the main stream, drainage ditch or any other drainage facility or system.
(c) Filled site shall be contoured to drain properly (avoid ponding).
(d) Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally 15 feet beyond the building line from all points before the start of sloping required in division (B)(4)(e) below. For non-residential structures, fill shall be placed to provide access acceptable for intended use. At grade access, with fill extending laterally 15 feet beyond the building line shall be provided to a minimum of 25% of the perimeter of a non-residential structure.
(e) Fill shall consist of soil or rock material only. Sanitary landfills shall not be permitted; no trash or woody debris shall be buried on site.
(f) Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling. Fill compaction standards shall be appropriate to proposed post fill use, particular attention is necessary when fill is being used to elevate a structure.
(g) Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Floodplain Administrator.
(h) Fill site and fill shall be protected from erosion.
1. Fill slopes exposed to flood waters with expected velocities during the occurrence of the base flood of five feet per second or less will be protected from erosion by covering them with grass, vines, weeds or similar vegetative undergrowth.
2. Fill slopes exposed to flood waters with expected velocities during the occurrence of the base flood of greater than five feet per second will be protected from erosion by armoring them with stone or rock slope protection.
(i) All applicants placing fill in a special flood hazard area shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA when directed to do so by the Floodplain Administrator before a permit can be issued. After fill is finished the applicant shall convert the CLOMR to a Letter of Map Revision based on Fill (LOMR-F) before a certificate of compliance can be issued.
(j) The applicant shall submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the Flood Insurance Study and/or Flood Insurance Rate Maps, when notified by the Floodplain Administrator, and shall pay any fees or other costs assessed by FEMA for this purpose.
(Ord. passed 6-11-2012)