A. Permit Required: A floodplain development permit issued by the floodplain administrator shall be secured prior to any floodplain development (any manmade change to improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, filling, grading, paving, excavation or drilling operations), including the placement of factory built homes, within any area of special flood hazard established in subsection 12-1-5B of this chapter. If the application is deemed incomplete, the floodplain administrator will notify the applicant of deficiencies within sixty (60) days. Under no circumstances should it be assumed that the permit is automatically granted. All approved applications will be signed by the floodplain administrator. Denied applications may be resubmitted if additional information is provided to support a change in development.
B. Notice Of Application: Upon receipt of a complete application for a permit, the floodplain administrator shall prepare a notice containing the facts pertinent to the application and shall publish the notice at least once in a newspaper of general circulation in the area. Notice shall also be served by first class mail upon adjacent property owners. The state floodplain NFIP coordinator located in DNRC and other permitting agencies shall also receive notice by the most efficient method. The notice shall provide a reasonable period of time, not less than fifteen (15) days, for interested parties to submit comments on the proposed activity. (Ord. 325-11, 8-23-2011, eff. 9-1-2011)
C. Application For Permit; Contents: A fee shall be paid for each application. The City Council shall establish the fee, or after- the-fact fee, by resolution. Application for a development permit shall be made on forms furnished by the City Floodplain Administrator and may include, but not be limited to, plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (Ord. 377-2017, 12-12-2017)
1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 12-1-9E of this chapter; and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 345-13, 11-26-2013)
D. Permit Application Factors: Floodplain development permits shall be granted or denied by the Floodplain Administrator on the basis of whether the proposed establishment, development, alteration, or substantial improvement of an artificial obstruction meets the requirements of these regulations. Additional factors that shall be considered for every permit application are:
1. The danger to life and property due to increased flood heights, increased floodwater velocities, backwater or alterations in the pattern of flood flow caused by the obstruction or encroachment;
2. The danger that the obstruction or encroachment may be swept onto other lands or downstream to the injury of others;
3. The ability of the proposed water supply and/or sanitation system to prevent disease, contamination, and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner;
5. The construction or alteration of the obstruction or encroachment in such manner as to lessen the flooding danger;
6. The importance of the services provided by the facility to the community;
7. The requirement of the facility for a waterfront location;
8. The availability of alternative locations not subject to flooding for the proposed use;
9. The compatibility of the proposed use with existing development and anticipated development in the foreseeable future;
10. The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area;
11. The safety of access to property in times of flooding for ordinary and emergency services;
12. The request for fill for a residential or commercial building is not followed by a request for a basement for the same residential or commercial building, which would put the finished floor of the building below the BFE, which would negate the purpose of the fill;
13. The proposed use shall comply with the existing zoning designation;
14. For projects involving bank stabilization, channelization, levees, floodwalls and/or diversions, off property impacts including increased flood peaks, flood stage, flood velocity, erosion and sedimentation, should be considered and found to be nonexistent, neutral or able to be mitigated; and
15. Such other factors as are in harmony with the purposes of these regulations, the Montana Floodplain and Floodway Management Act, and the National Flood Insurance Program.
E. Emergency Waiver: Emergency repair and replacement of severely damaged public transportation facilities, public water and sewer facilities, and flood control works may be authorized by the Floodplain Administrator if:
1. Upon notification and prior to the emergency repair and/or replacement, the floodplain administrator determines that an emergency condition exists warranting immediate action; and
2. The floodplain administrator agrees upon the nature and type of proposed emergency repair and/or replacement.
3. Authorization to undertake emergency repair and replacement work may be given verbally if the floodplain administrator feels that such a written authorization would unduly delay the emergency work. Such verbal authorization must be followed by a written permit describing the emergency condition, the type of emergency work agreed upon, and stating that a verbal authorization had been previously given. (Ord. 325-11, 8-23-2011, eff. 9-1-2011)
Next Doc