The administration and enforcement of this Chapter shall be in accordance with this Section.
A. No person, firm, corporation, or governmental body shall commence any development activities, including new construction, substantial improvements, and alterations of a watercourse wholly within, partially within or in contact with the floodplains until a floodplain development permit is obtained from the Director. No permit shall be issued by the Director until the requirements of this Code have been met.
B. No person, firm, corporation, or governmental body shall commence any development of a critical facility on land below the 0.2% annual chance flood elevation without first obtaining a floodplain development permit from the Director.
C. A local floodplain development permit shall not be issued by the Director for Development in a Floodway without the applicant first obtaining a state floodway permit from IDNR/OWR, except as noted in Section 15.68.060.
D. The Director shall review all proposed Development by comparing field surveyed topography of the site to the FIRM and shall make interpretations, where needed, as to the location of the floodplain boundaries, floodway boundaries, and BFE.
1. Any development that is located on land below the BFE, located in the mapped floodway, or associated with a Zone AO or VE is subject to the requirements of this Code. A LOMA-Floodway (LOMR-FW) shall be required before issuing a floodplain development permit for land higher than the BFE if located within a mapped floodway.
2. Any development located on land below the BFE that was filled after the date of the site's first floodplain designation on a flood map is subject to the requirements of this Code.
3. Any development located on land below the BFE that is that is hydraulically connected to the Floodplain, but not shown on the current FIRM, is subject to the provisions of this Code.
4. The Director shall maintain documentation of the pre-existing ground elevation at the site and, if applicable, certification that this ground elevation existed prior to the date of the site's first FIRM identification in the floodplain.
E. If the development site is within a floodway or in a floodplain for which a detailed study has not been conducted, the Director shall require that the minimum requirements of Section 15.68.070 be met.
F. A floodplain development permit or approval shall become invalid unless the actual start of construction, 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. The Director shall ensure that all development activities happen in a timely manner. 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. Time extensions shall be granted only if the original permit is compliant with this Code and the FIRM and FIS in effect at the time the extension is granted.
G. Letters of Map Revision. The Director shall require a CLOMR prior to issuance of a development permit for proposed floodway encroachments that will cause an increase in the BFE; and proposed development which will increase the BFE by more than 0.1 feet in riverine area where FEMA has provided a BFE but no floodway.
H. Once a CLOMR has been issued, the development permit may be issued for site grading and structures necessary in the area of the map change to achieve the final LOMR. Upon completion, the applicant shall submit as-built certifications, as required by FEMA, to achieve a final LOMR prior to the release of final development permits. Review Section 15.68.050, subsection G for the construction of buildings in any floodplain issued a LOMR based on fill.
I. Application. An application for a floodplain development permit shall be made on a form provided by the Director.
1. 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, additions to buildings, sewage disposal and water supply facilities; floodplain limits based on elevation or depth, as applicable; floodway limits, as applicable; location and dimensions of all structures, including but not limited to fences, culverts, decks, gazebos, agricultural structures, and accessory structures.
2. 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 Section 15.68.080 of this Code.
J. To assure that property owners obtain permits as required in this Code, the Director may take any and all actions as outlined in Section 15.68.120.
(MC-4-2021, § 2, Amended 8/3/2021)