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§ 151.26 PERMIT PROCEDURES.
   (A)   A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 151.08. Application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to plans in duplicate drawn to scale showing the nature, location, dimension and elevations of proposed landscape alternations; existing or proposed structures, including the placement if manufactured homes, fill, storage or materials, drainage facilities; and the location of the foregoing in relations to areas of special flood hazard.
   (B)   Additionally, the following information is required:
      (1)   Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;
      (2)   Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
      (3)   A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of § 151.46(C);
      (4)   Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and
      (5)   Maintain a record of all such information in accordance with § 151.25(B)(3)(c).
   (C)   Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this chapter and the following relevant factors:
      (1)   The danger to life and property due to flooding or erosion damage;
      (2)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
      (3)   The danger that materials may be swept onto other lands to the injury of others;
      (4)   The compatibility of the proposed use with existing and anticipated development;
      (5)   The safety of access to the property in times of flood for ordinary and emergency vehicles;
      (6)   The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems;
      (7)   The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
      (8)   The necessity to the facility of a waterfront location, where applicable;
      (9)   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
      (10)   The relationship of the proposed use to the comprehensive plan for that area.
(Prior Code, § 8-33) (Ord. 1153, passed 3-19-2012)
§ 151.27 SUBMITTAL REQUIREMENTS FOR LOTS IN THE 100-YEAR FLOODPLAIN AND IN THE FLOODWAY.
   (A)   Lots within the 100-year floodplain. An elevation certificate must be submitted to the City Floodplain Administrator for each structure on the lot. The certificate shall display verification that the lowest floor level of the proposed structure is above the base flood elevation as shown on the designated Floodplain Insurance Rate Map (FIRM). Each certificate shall be prepared, stamped and signed by a licensed professional engineer or licensed land surveyor and shall display the following as a minimum: designated lot boundary; location of the structure; location of the floodplain limits; and the FIRM number. A floodplain development permit shall be issued once all requirements are satisfied.
   (B)   Property within floodways. Proposed structures within any property inside a floodway, as shown on the designated Floodplain Insurance Rate Map (FIRM) shall require a licensed professional engineer to prepare, sign, stamp, submit a no-rise certification analysis directly to the city. The analysis shall include as a minimum: hydraulic and hydrologic data; design and methods of construction certified by the professional engineer or architect; and topographic data certified by a licensed professional engineer or licensed land surveyor. It shall be the responsibility of the professional who prepares the analysis to provide any additional information required by the city. Upon verification, the City Floodplain Administrator shall issue a floodplain development permit.
   (C)   Notice requirements for lots and property within the 100-year floodplain and floodway. Notice shall be given by certified mail to the owners of property immediately adjacent to, or that share a boundary with, the parcel where the requested map revision or map change is being sought. Such notice shall contain information regarding any changes in:
      (1)   Width or shifting of the special flood hazard area;
      (2)   The area that would be inundated by the base flood; or
      (3)   Increases in the base flood elevation of the property or surrounding areas in question.
(Prior Code, § 8-35) (Ord. 1153, passed 3-19-2012)
§ 151.28 SCHEDULE OF FLOODPLAIN DEVELOPMENT PERMIT FEE.
   The following rates shall be charged for any construction or development within any special flood hazard area (SFHA), human-made change to improved or unimproved real estate, including, but not limited to, buildings and other structures, mining, dredging, filing, grading, paving, excavation or drilling operations or storage of equipment of materials:
   (A)   A fee of $25 for floodplain development pertaining to individual lots (five acres or less) when no subdivision is involved; and
   (B)   A fee of $200 for floodplain development pertaining to subdivisions.
(Prior Code, § 8-36) (Ord. 1153, passed 3-19-2012)
§ 151.29 APPEAL BOARD.
   (A)   The Common Council shall hear and decide appeals and request for variances from the requirements of this chapter.
   (B)   The Common Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
   (C)   Those aggrieved by the decision of the Common Council or any taxpayer may appeal such decisions to the Eighth Judicial Circuit Court, as provided in SDCL § 9-36-8.
   (D)   In passing upon such applications, the Appeal Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
      (1)   The danger that materials may be swept onto other lands to the injury of others;
      (2)   The danger to life and property due to flooding or erosion damage;
      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
      (4)   The importance of the services provided by the proposed facility to the community;
      (5)   The necessity to the facility of a waterfront location, where applicable;
      (6)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
      (7)   The compatibility of the proposed use with the existing and anticipated development;
      (8)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
      (9)   The safety of access to the property in times of flood for ordinary and emergency vehicles;
      (10)   The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
      (11)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
   (E)   Upon consideration of the factors of division (D) above and the purposes of this chapter, the Common Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
   (F)   The Floodplain Administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency and the State Office of Emergency Management.
(Prior Code, § 8-37) (Ord. 1153, passed 3-19-2012)
§ 151.30 CONDITIONS FOR VARIANCES.
   (A)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing the provisions of § 151.29(D)(1) through (D)(11) have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance increases.
   (B)   Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section.
   (C)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   (D)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
   (E)   Variances shall be issued upon:
      (1)   A showing of good and sufficient cause; and
      (2)   A determination that failure to grant the variance would result in exceptional hardship to the applicant.
      (3)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 151.29(D) or conflict with existing local laws or ordinances.
   (F)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.
(Prior Code, § 8-38) (Ord. 1153, passed 3-19-2012)
§ 151.31 STOP WORK ORDER.
   (A)   Authority. Whenever the Floodplain Administrator finds any work or activity regulated by this chapter being performed in a manner contrary to the provisions of this chapter, the Floodplain Administrator is authorized to issue a stop work order.
   (B)   Issuance.
      (1)   The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease.
      (2)   The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.
   (C)   Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(Prior Code, § 8-82) (Ord. 1153, passed 3-19-2012) Penalty, see § 151.99
FLOOD HAZARD REDUCTION
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