§ 7-67. Floodplain development permit and certification requirements.

(a)

Plans and application requirements. Application for a floodplain development permit shall be made to the floodplain administrator on forms furnished by him or her prior to any development activities proposed to be located within flood prone areas. The following items/information shall be presented to the floodplain administrator to apply for a floodplain development permit.

(1)

A plot plan drawn which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

a.

The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, the location of utility systems, proposed grading/pavement areas, fill materials, storage areas, drainage facilities, and other proposed development;

b.

The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in section 7-37 or a statement that the entire lot is within the special flood hazard area;

c.

Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in section 7-37;

d.

The boundary of the floodway(s) or non-encroachment area(s) as determined in section 7-37;

e.

The base flood elevation (BFE) where provided as set forth in section 7-37; subsections 7-68(11) and (12); or sections 7-87(5), 7-88 and 7-89;

f.

The old and new location of any watercourse that will be altered or relocated as a result of proposed development;

g.

The boundary and effective date of COBRA zone or OPA, if applicable.

(2)

Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:

a.

Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;

b.

Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;

c.

Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;

(3)

If floodproofing, a floodproofing certificate and back-up plans from a registered professional engineer or architect certifying that the non-residential flood-proofed development will meet the flood-proofing criteria in subsections 7-87(2) and 7-88(2).

(4)

A foundation plan drawn to scale which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:

a.

Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/piers);

b.

Should solid foundation perimeter walls be used in floodplains other than coastal high hazard areas, details of sufficient openings to facilitate the unimpeded movements of floodwaters in accordance with subsection 7-87(4)b.;

c.

In coastal high hazard areas, the following must also be submitted prior to floodplain development permit issuance. Specific requirements are detailed in section 7-91 and subsection 7-87(4)b. of this chapter.

1.

V-zone certification form with accompanying plans and specifications verifying the engineered structure and breakaway wall designs as set forth in subsection 7-87(4)b. of this chapter;

2.

Plans for lattice work or decorative screening, if applicable. Plans for any structures that will have lattice work or decorative screening must be submitted to the floodplain administrator for approval prior to floodplain development permit issuance;

3.

Plans for non-structural fill, if applicable. Plans for placement of any non-structural fill must be submitted to the floodplain administrator for approval prior to floodplain development permit issuance. Requirements are detailed in subsection 7-97(8) of this chapter.

(5)

Usage details of any enclosed space below the regulatory flood protection elevation.

(6)

Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage;

(7)

Copy of all other local, state and federal permits required prior to floodplain development permit issuance (i.e. wetlands, erosion and sedimentation control, CAMA, riparian buffers, mining, etc.)

(8)

If floodplain development permit is issued for placement of recreational vehicles and/or temporary structures, documentation to ensure subsections 7-87(6) and (7) of this chapter are met.

(9)

If a watercourse is proposed to be altered and/or relocated, a description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

(b)

Floodplain development permit data requirements. The following information shall be provided at a minimum on the floodplain development permit to ensure compliance with this chapter.

(1)

A description of the development to be permitted under the floodplain development permit issuance.

(2)

The special flood hazard area determination for the proposed development per available data specified in 7-37.

(3)

The regulatory flood protection elevation required for the reference level and all attendant utilities.

(4)

The regulatory flood protection elevation required for the protection of all public utilities.

(5)

All certification submittal requirements with timelines.

(6)

State that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, if applicable.

(c)

Certification requirements.

(1)

An elevation certificate (FEMA Form 81-31) or floodproofing certificate (FEMA Form 81-65) is required after the reference level is completed. Within 21 calendar days of establishment of the reference level elevation, or floodproofing, by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the reference level, or floodproofed elevation, whichever is applicable in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the 21-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the certification or failure to make said corrections required shall be cause to issue a stop-work order for the project.

(2)

A final as-built elevation certificate (FEMA Form 81-31) or floodproofing certificate (FEMA Form 81-65) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation or floodproofed elevation of the reference level and all attendant utilities. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make said corrections required shall be cause to withhold the issuance of a certificate of compliance/occupancy.

(3)

A V-zone/breakaway wall certification is required prior to issuance of a floodplain development permit within coastal high hazard areas. It shall be the duty of the permit applicant to submit to the floodplain administrator said certification to ensure the design standards of this chapter are met. A registered professional engineer or architect shall develop or review the structural design, plans, and specifications for construction and certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this chapter. This certification is not a substitute for an elevation certificate.

(4)

If a manufactured home is placed within an A, AO, AE, or A1-30 zone and the elevation of the chassis is above 36 inches in height, an engineered foundation certification is required per subsection 7-87(3).

(5)

If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.

(6)

Certification exemptions. The following structures, if located within A, AO, AE or A1-30 zones, are exempt from the elevation/floodproofing certification requirements specified in items (1) and (2) above:

a.

Recreational vehicles meeting requirements of subsection 7-87(6)(a);

b.

Temporary structures meeting requirements of subsection 7-87(7); and

c.

Accessory structures less than 150 square feet meeting requirements of subsection 7-87(8).

(Ord. of 7-14-03, Art. 4, § B)

Editor's note

Article 4, § B of an ordinance adopted July 14, 2003, enacted provisions intended for use as subsections (1)—(3). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as subsections (a)—(c).