No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the Code Administrator. The Code Administrator shall not issue a development permit if the proposed development does not meet the requirements of this chapter.
(A) The application for development permit shall be accompanied by:
(1) Drawings of the site, drawn to scale showing property line dimensions; and
(2) Existing grade elevations and all changes in grade resulting from excavation or filling;
(3) The location and dimensions of all buildings and additions to buildings;
(4) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 152.08 of this chapter;
(5) The location and dimensions of all public and private easements;
(6) Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement;
(7) A copy of the effective Flood Insurance Rate Map drawn to scale and showing the limits of the floodplain, floodway, and the boundaries of the development site. If available, a FIRMette (a full scale section of a Flood Insurance Rate Map panel) should be provided for the development site;
(8) A description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development;
(9) Certification from a licensed professional engineer or architect that any proposed non-residential floodproofed structure will meet the floodproofing requirements in § 152.08(C);
(10) All other required local, state, and federal permits;
(11) Engineering calculations and designs that demonstrate the proposed development meets the floodplain requirements of this chapter. All calculations and designs shall be prepared, signed, and sealed by a licensed professional engineer; and
(12) Other information as may be required by the Code Administrator.
(B) Upon receipt of an application for a development permit, the Code Administrator shall compare the elevation of the site to the base flood elevation. Any development located on land that is shown by survey elevation to be below the current base flood elevation is subject to the provisions of this chapter. In addition, any development located on land shown to be below the base flood elevation and hydraulically connected to a flood source, but not identified as floodplain on the current Flood Insurance Rate Map, is subject to the provisions of this chapter. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site's first Flood Insurance Rate Map is not in the floodplain and therefore not subject to the provisions of this chapter.
(1) The Code Administrator 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.
(2) The Code Administrator shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit-not-required letters that may be required for this type of activity. The Code Administrator shall not issue a permit unless all other federal, state, and local permits have been obtained.
(C) A copy of the floodplain development permit shall be posted in a conspicuous place on the premises, in plain view from a public road, during the execution of the work and until completion of the same. If fill is authorized by the development permit, the property owner shall post a sign listing the types of material that have been approved, as determined by the Code Administrator, to be deposited on the property.
(D) A floodplain development permit under which no work has commenced within six months after issuance shall expire by limitation and a new floodplain development permit shall be secured before work commences.
(E) The Code Administrator may revoke a floodplain development permit in the case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit was based. The Code Administrator may revoke the permit when work is performed contrary to the provisions of the application or plans on which the permit is based. Upon the revocation of a permit, the Code Administrator shall inform the permittee in writing as to the specific steps that must be taken in order to have the permit reissued. It shall be unlawful to continue any work authorized by a permit after revocation of the permit until the permit is reissued or a new permit is issued.
(F) All work for which a permit is required shall be subject to inspection by the Code Administrator or a duly authorized representative. Is shall be unlawful to refuse to permit the Code Administrator or his or her representative to enter such premises or structure at any reasonable time to make an inspection. It shall be unlawful to interfere, attempt to interfere, or hinder the Code Administrator or representative when in performance of their duties. Any work involving fill shall be subject to inspection by the St. Clair County Health Department to assure all fill materials are in compliance with public health regulations. It shall be unlawful to refuse to permit an employee of the St. Clair County Health Department to enter such premises to make an inspection, or to interfere with or hinder such an inspection.
(G) Nothing in this chapter shall require changes in the plans, construction, or designated use of a building or other development project, or portion thereof, which has been otherwise lawfully authorized prior to the effective date of this chapter, or the construction of which shall have been actually initiated before and which the entire building or development project shall be completed within one year of the effective date of this chapter.
(Prior Code, § 17-106) (Ord. 1891, passed 10-5-2020)