A. Purpose and Intent. The purpose for this floodplain development permit procedure is to establish a development review procedure for development within a special flood hazard area in order to reduce the potential for damage to land, development, and loss of life from flooding or floodwaters in areas subject to periodic inundation.
B. Applicability.
a. Development proposed within the Flood Hazard Overlay (FHO) district or on land in a special flood hazard area as defined by the National Flood Insurance Program (NFIP) shall obtain a floodplain development permit in accordance with this section prior to or concurrent with an application for a site plan or building permit, as appropriate.
b. Development that is proximate to and may be impacted by unmapped streams or where regulatory flood elevations are not delineated in the NFIP, in accordance with Section 3.8.2.D.3, Standards for Floodplains without Established Base Flood Elevations, shall also obtain a floodplain development permit in accordance with these standard.
C. Floodplain Development Permit Procedure. The floodplain development permit procedure is described in Figure 2.2.12, Floodplain Development Permit Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Decision by Planning Director. The decision on a floodplain development permit shall be made by the Planning Director based on the standards in Section 2.2.12.E, Floodplain Development Review Standards.
E. Floodplain Development Review Standards. A floodplain development permit shall be approved if it complies with the following:
1. The permit is issued prior to the commencement of development; and
2. The development complies with all applicable standards in Section 3.8.2, Flood Hazard Overlay (FHO) District.
F. Effect. Approval of a floodplain development permit authorizes an applicant to obtain all required elevation certificates or other required certificates and proceed with development following issuance of a building permit.
G. Elevation Certificates.
1. Unless exempted in accordance with Section 3.8.2, Flood Hazard Overlay (FHO) District, development subject to this section shall also file elevation or floodproofing certificates in accordance with Section 3.8.2.C.2, Development Application, Permit and Certification Requirements, no more than 21 days after completing the lowest habitable floor.
2. The Planning Director shall review the certificate and advise the applicant of any errors or deficiencies, which shall be corrected prior to any further work progressing. Failure to correct errors or deficiencies on an elevation or floodproofing certificate shall be a violation of this Ordinance subject to the provisions in Section 8.8.4, Stop Work Orders.
H. Amendment. Amendment of a floodplain development permit approval may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
I. Revocation. A floodplain development permit may be revoked by the Planning Director, following written notice to the violator, for any of the following reasons:
1. Failure or refusal to comply with all applicable state laws or flood damage prevention requirements of this Ordinance;
2. Conduct of development activities that represent a substantial departure from an approved permit, plan, or specification; and
3. False or misrepresented information providing as part of the application.
J. Expiration. A floodplain development permit shall expire and become null and void if the development it authorizes is not commenced within one year of permit issuance or if activity associated with the permit becomes inactive for a period of one year or longer.
K. Appeal. Appeal of a decision on a floodplain development permit shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)