Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood by proper elevation, compliance with compensatory storage requirements, and other applicable provisions of this chapter. No use will be permitted that adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of § 152.24.
(A) Development permit.
(1) No person, firm, corporation, or governmental body shall commence any development in the floodplain without first obtaining a development permit from the Director of Community Development.
(2) Application for a development permit shall be made on a form provided by the Director of Community Development.
(3) The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a registered P.E., licensed architect or registered land surveyor; existing grade elevations, using the NAVD 88, and all proposed changes in grade resulting from excavation or filling; the location and dimensions of all existing and proposed buildings and additions to buildings.
(4) For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of § 152.23.
(5) Upon receipt of a development permit application, the Director of Community Development shall compare the elevation of the site to the BFE.
(6) Any development located on land that can be shown to be higher than the BFE of the current FIRM and which has not been filled after the date of the site’s first floodplain designation on a FIRM, is not in the floodplain and, therefore, not subject to the requirements of this chapter.
(7) Any development located on land shown to be below the BFE that is hydraulically connected to the floodplain, but not shown on the current FIRM, is subject to the provisions of this chapter.
(8) The Director of Community Development 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 FIRM identification in the floodplain.
(9) The Director of Community Development shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or waivers that may be required for this type of activity, as specified in § 152.35. The Director of Community Development shall not issue a permit unless all other federal, state, and local permits have been obtained.
(10) A development permit or approval shall become invalid unless the actual start of construction, as defined in § 152.02, for work authorized by such permit, is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. All permitted work shall be completed within 12 months after the date of issuance of the permit or the permit shall expire. Time extensions, of not more than 180 days each, may be granted, in writing, by the Director of Community Development. Time extensions shall be granted only if the original permit is compliant with this chapter and the FIRM and FIS in effect at the time the extension is granted.
(B) Preventing increased damages.
(1) No development in the flood fringe shall create a threat to public health and safety.
(2) If fill is being used to elevate the site above the BFE, the applicant shall submit sufficient data and obtain a LOMR from FEMA for the purpose of removing the site from the floodplain.
(3) Compensatory storage.
(a) Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the BFE.
(b) The excavation volume shall be at least equal to one and one-half times the volume of storage lost due to the fill or structure.
(c) In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied.
(d) All floodplain storage lost below the existing 10% annual chance flood elevation shall be replaced below the proposed 10% annual chance flood elevation. All floodplain storage lost above the existing 10% annual chance flood elevation shall be replaced above the proposed 10% annual chance flood elevation.
(e) All such excavations shall be constructed to drain freely and openly to the watercourse.
(C) Construction of a building under a LOMR based on fill.
(1) A person who has obtained a LOMR based on fill, which removes a site in the floodplain due to the use of fill to elevate the site above the BFE, may only apply for a permit from the village to construct the lowest floor of a building above the BFE in the floodplain. The Director of Community Development shall not issue such a permit unless the applicant has demonstrated that the building will be reasonable safe from flooding. The Director of Community Development shall require a professional certification from a qualified design professional that indicates the land or buildings to be removed from the SFHA are reasonably safe from flooding, according to the criteria established in FEMA Technical Bulletin (TB) 10. Professional certification may come from a professional engineer, professional geologist, professional soil scientist, or other design professional qualified to make such evaluations. Analysis by a structural engineer may be required.
(2) The Director of Community Development shall maintain records, including but not limited to, all correspondence, professional certification, existing and proposed grading, sump pump sizing, foundation plans, elevation certificates, compensatory storage calculations, soil testing and compaction data.
(3) The Building Department shall not issue a permit to construct the lowest floor of a building below the BFE on a site removed from the floodplain through a LOMR based on fill.
(Ord. 93-O-048, passed 6-22-93; Am. Ord. 2000-O-103, passed 11-7-00; Am. Ord. 2019-O-003, passed 2-5-19; Am. Ord. 2019-O-054, passed 9-17-19)