A. Application: Application for a floodplain development permit shall be presented to the floodplain administrator on forms furnished by the city of Whitefish and may include, but not be limited to:
1. A completed and signed floodplain permit application.
2. The required review fee.
3. Plans in duplicate drawn to scale showing the location, dimensions, and elevation of the proposed project including landscape alterations, existing and proposed structures (including the placement of manufactured homes), hydraulic calculations assessing the impact on base flood elevations or velocities, level survey or certification by a registered land surveyor, professional engineer or licensed architect that the requirements of this title are satisfied and the location of the foregoing in relation to the regulated flood hazard area and if applicable the floodway boundary.
4. A copy of other applicable permits or pending applications required by federal or state law as submitted which may include, but are not limited to, a 310 permit, SPA 124 permit, section 404 permit, 318 authorization, 401 certification or a navigable rivers land use license or easement for the proposed project; and the applicant must show that the floodplain development permit application is not in conflict with the relevant and applicable permits.
5. Additional information related to the specific use or activity including: elevation or floodproofing certificates, a level survey and/or hydraulic and hydrology calculations by a registered land surveyor, engineer, or licensed architect to assess the impact of the volume of water, determination of the base flood elevation, water velocities, and/or ground elevations.
6. Additional information related to the specific use or activity that demonstrates the design criteria and construction standards are met or exceeded as specified in chapter 5 of this title and may include:
a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of chapter 7 of this title; and
d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
B. Floodplain Administrator Determination: The floodplain administrator shall determine whether the floodplain development permit application contains the applicable elements required by these regulations and shall notify the applicant of any deficiencies within sixty (60) days.
C. Incomplete Application: If the floodplain development permit application is found to be missing any required elements as identified above, but not limited to, the floodplain administrator may deem an application incomplete.
1. The floodplain administrator shall identify in writing the specific required information missing from the application materials. No further action shall be taken on the application until the required material is submitted.
2. If the applicant provides the required additional information, the floodplain administrator shall have fifteen (15) working days from the date of submittal to notify the applicant whether the information provided contains adequate detailed information sufficient for review under these regulations.
3. This process shall be repeated until the applicant submits adequate detailed information sufficient for review of the proposed application under the provisions of these regulations.
D. Denial Of Application: If after a reasonable effort the floodplain administrator determines the floodplain development permit application remains incomplete, the floodplain administrator shall deny the floodplain development permit application and notify the applicant of missing elements. No further action shall be taken by the floodplain administrator until a new application is resubmitted.
E. Additional Information During Review Process: A determination that a floodplain development permit application is correct and complete for review does not ensure that the application will be approved or conditionally approved and does not limit the ability of the floodplain administrator to request additional information during the review process.
F. Notice: Upon receipt of a complete application for a floodplain development permit, the floodplain administrator shall prepare a notice containing the facts pertinent to the application and shall:
1. Publish the notice at least once in a newspaper of general circulation in the area.
2. Serve notice by first class mail upon adjacent property owners.
3. Serve notice to the state NFIP coordinator located in DNRC by the most efficient method. Notice to other permitting agencies or other impacted property owners may also be provided.
4. 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.
G. Basis Of Approval Or Denial Of Permit: Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this title, including, but not limited to, the specific standards outlined in chapter 5 of this title and consideration of the following relevant factors:
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, 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 the obstruction, encroachment, or materials may be swept onto other lands or downstream to the injury of others;
4. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
5. The construction or alteration of the obstruction or encroachment in such manner as to lessen the flooding danger;
6. The permanence of the obstruction or use and is reasonably safe from flooding;
7. The compatibility of the proposed use with existing development and anticipated development in the foreseeable future;
8. The ability of the proposed water supply and/or sanitation system to prevent disease, contamination, and unsanitary conditions;
9. Relevant and related permits for the project have been obtained;
10. The safety of access to the property in times of flood for ordinary and emergency vehicles;
11. The importance of the services provided by the facility to the community;
12. 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;
13. 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;
14. The requirement of the facility for a waterfront location, where applicable;
15. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
16. The proposed use shall comply with the existing zoning designation;
17. 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;
18. 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
19. Such other factors as are in harmony with the purposes of this title, the Montana floodplain and floodway management act, the national flood insurance program, and the administrative rules of Montana.
H. Decision: A floodplain development permit application shall be approved, conditionally approved, or denied by the floodplain administrator.
1. The floodplain administrator shall notify the applicant of their actions and the reasons thereof within sixty (60) days of receipt of a correct and complete floodplain development permit application unless otherwise specified.
2. All approved applications will be signed by the floodplain administrator.
3. Denied applications may be resubmitted if additional information is provided to support a change in development.
4. A copy of the approved floodplain development permit must be provided to the DNRC.
5. The approval of a floodplain development permit does not affect any other type of approval required by any other statute or ordinance of the state or any political subdivision of the United States, but is an added requirement.
I. Floodplain Permit Conditions And Requirements: Upon approval or conditional approval of the floodplain development permit, the floodplain administrator shall provide the applicant with a floodplain development permit with applicable specific requirement and conditions including, but not limited to, the following:
1. The floodplain development permit will become valid when all other necessary permits required by federal or state law are in place.
2. Completion of the development pursuant to the floodplain development permit shall be completed within one year from the date of issuance or a time limit commensurate with the project construction time line for completion of the project or development.
3. The applicant may request an extension for up to one additional year. The request must be made at least thirty (30) days prior to the permitted completion deadline.
4. The applicant shall notify subsequent property owners and their agents and potential buyers of the floodplain development permit issued on the property and that such property is located within a regulated flood hazard area and shall record the notice with the floodplain administrator.
5. The applicant shall maintain the artificial obstruction or use to comply with the conditions and specifications of the permit.
6. The applicant shall allow the floodplain administrator to perform on site inspections at select intervals during construction or completion.
7. The applicant shall provide periodic engineering oversight and/or interim reports during the construction period to be submitted to the floodplain administrator to confirm constructed elevations and other project elements.
8. The applicant shall submit a compliance report including certifications where required and applicable including floodproofing, elevation, surface drainage, proper enclosure openings and materials to the floodplain administrator within thirty (30) days of completion or other time as specified.
9. The applicant shall submit an annual performance and maintenance report on bank stabilization or other projects utilizing maturing vegetation components to the floodplain administrator for a period of five (5) years or a time specified in the permit.
10. The applicant shall submit evidence of a submittal of a letter of map revision to FEMA with required fees, if applicable, within six (6) months of project completion and proceed with due diligence for acceptance of the document and necessary supporting materials by FEMA. (Ord. 15-16, 10-5-2015)