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(A) Within six months of project completion, an applicant who obtains a conditional letter of map revision (CLOMR) from FEMA, or whose development alters a watercourse, modifies floodplain boundaries or base flood elevations, shall obtain from FEMA a letter of map revision (LOMR) reflecting the as-built changes to the FIS and/or FIRM.
(B) It is the responsibility of the applicant to have technical data prepared in a format required for a CLOMR or LOMR and to submit such data to FEMA on the appropriate FEMA Form MT-2 application forms. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(C) Applicants shall be responsible for all costs associated with obtaining a CLOMR or LOMR from FEMA.
(D) The Floodplain Administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met all applicable requirements of this chapter.
(E) Any/all additional cost/charges shall be the responsibility of the applicant.
(Ord. 527, passed 1-14-2013)
To ensure that enclosed areas below the lowest floor continue to be used solely for parking vehicles, limited storage, or access to the building, and not be finished for use as human habitation, recreation, bathrooms, or the like, the Floodplain Administrator shall:
(A) Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher; and
(B) Enter into a non-conversion deed declaration for construction within flood hazard areas, or equivalent, with the city. The deed declaration shall be recorded with the Union County Clerk. The deed declaration shall be in a form acceptable to the Floodplain Administrator and County Counsel.
(Ord. 527, passed 1-14-2013)
PROVISIONS FOR FLOOD HAZARD PROTECTION
(A) Where special flood hazard areas have not been defined within the community or a base flood elevation has not been provided, all plans and permits for proposed construction of subdivisions, placement of manufactured homes, or other development shall be consistent with the need to ensure that building sites will be reasonably safe from flooding (44 CFR Part 65.2 defines “reasonably safe from flooding” as base flood waters will not inundate the land or damage structures...and that any subsurface waters related to the base flood will not damage existing or proposed buildings). The test of reasonableness is a local judgment and includes historical data, high water marks, photographs of past flooding, and the like.
(B) Building lots shall have adequate buildable area outside of regulatory floodways.
(C) Where base flood elevation has not been provided, it shall be generated for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres (whichever is the lesser).
(D) Site improvements, subdivisions, and manufactured home parks shall have public utilities and facilities such as sewer, gas, electric, and water systems located and constructed to minimize or eliminate flood damage and infiltration of flood waters into the systems. Replacement public utilities and facilities such as sewer, gas, electric, and water systems, shall likewise be sited and designed to minimize or eliminate damage and infiltration of flood waters.
(E) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters in the systems and discharges from the systems into flood waters. Onsite waste disposal systems shall be located to avoid functional impairment to them or contamination from them during flooding.
(F) Subdivision proposals and other proposed new development, including manufactured home parks, shall have adequate drainage provided to reduce exposure to flood hazards as provided in 44 CFR Part 60.3(a)(4). In AO and AH Zones, drainage paths shall be provided to guide flood water around and away from proposed structures.
(Ord. 527, passed 1-14-2013)
(A) Requirements.
(1) Except as provided in division (B), encroachments, including fill, new construction, substantial improvements, fences, or other development are prohibited in the regulatory floodway unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such encroachment will not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) If division (A)(1) is met, any fill permitted to be placed in the regulatory floodway shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of flood waters, prolonged inundation, and flood-related erosion and scour.
(3) Upon demonstration of no other alternative, applicants shall obtain a conditional letter of map revision (CLOMR) from FEMA before an encroachment, including fill, new construction, substantial improvement, fences, or other development, in the regulatory floodway is permitted that will cause any increase in the base flood elevation unless the development causes a temporary encroachment and the conditions in division (B)(1) below are satisfied. Upon completion of the project, but not later than six months after the project completion, a letter of map revision shall be submitted to FEMA to reflect the changes on the FIRM and/or FIS.
(B) Exceptions.
(1) Temporary encroachments in the regulatory floodway for the purposes of capital improvement projects (including bridge construction/repair) must have a development permit issued. This includes ensuring that all other required permits and permissions are obtained from federal, state, and local agencies.
(a) The permit should stipulate the days and dates the structure or other development will be on site. If a longer period is required, a new permit should be issued.
(b) A flood warning system for the project should be in place to allow equipment to be evacuated from the site and placed outside the floodplain.
(c) Placement of equipment in the floodway should be restricted to only that equipment which is absolutely necessary for the purposes of the project. All other accessory equipment and temporary structures (for example, construction trailers) shall be restricted from the floodway. Structures should be placed on site so that flood damages are minimized. The community may want to consider such things as anchoring construction trailers in case evacuation isn’t practical.
(d) The following conditions shall be included in the permit:
1. Identification of the temporary changes to the floodplain under a 1% chance flood event (100-year flood);
2. Identification of all insurable structures affected by any increase in BFE during a 1% chance flood event (100-year flood);
3. Written notification to the applicant that they may be liable for any flood damages resulting from the temporary structure; and
4. The length of time the structure or encroachment will be allowed.
(e) No CLOMR/LOMR will be required because there is no need to modify the FIRM due to the temporary condition of the encroachment, but the community should disclose to all owners of insurable structures and all applicants for permits in the affected area that there is an increased risk of flooding for the duration of the temporary encroachment.
(2) If the temporary encroachment results in an increase in flood levels during the occurrence of the base flood discharge, a CLOMR is not required to be obtained when:
(a) The project is limited as to duration with the days and dates that the structure or other development will be on site specified in the development permit. If a longer period is required, a new permit should be issued;
(b) All other accessory equipment and temporary structures (for example, construction trailers) are restricted from the regulatory floodway;
(c) The project limits placement of equipment and material in the regulatory floodway to that which is absolutely necessary for the purposes of the project;
(d) Structures shall be placed on site so the flood damages are minimized;
(e) The project includes a flood warning system sufficient to allow equipment to be evacuated from the regulatory floodway and placed outside the area of special flood hazard in the event of imminent flood;
(f) The project applicant identifies insurable structures affected by any increase in base flood elevation. The community should disclose to all owners of insurable structures and all applicants for permits in the affected area that there is an increased risk of flooding for the duration of the temporary encroachment; and
(g) The project applicant is provided with written notification that they may be liable for any flood damages resulting from the temporary encroachment.
(3) Projects for stream habitat restoration may be allowed without certification by a registered professional civil engineer provided:
(a) A development permit is obtained prior to initiating development activities;
(b) The project qualifies for a Department of the Army, Portland District Regional General Permit for Stream Habitat Restoration (NWP-2007-1023);
(c) A qualified professional (a registered professional engineer; staff of NRCS; the county; or fisheries, natural resources, or water resources agencies) has provided a feasibility analysis and certification that the project was designed to keep any rise in 100-year flood levels as close to zero as practically possible given the goals of the project;
(d) No structures would be impacted by a potential rise in flood elevation; and
(e) An agreement to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged is included as part of the local approval.
(Ord. 527, passed 1-14-2013)
(A) In areas within Zones A1-30 and AE on the community's FIRM with a base flood elevation but where no regulatory floodway has been designated, new construction, substantial improvements, or other development (including fill) shall be prohibited, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(B) Applicants of proposed projects that increase the base flood elevation more than one foot shall obtain from FEMA a conditional letter of map revision (CLOMR) before the project may be permitted. As soon as possible, but no later than six months after project completion, an application for a letter of map revision (LOMR) shall be submitted by the applicant to FEMA. The applicant is responsible for paying any costs associated with the CLOMR and LOMR process.
(Ord. 527, passed 1-14-2013)
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