§ 35-F133 — Permit Evaluation

Sec. 35-F133. - Permit Evaluation.

(a) Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this subdivision and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage. Velocities in excess of six (6) feet per second may be considered erosive. Depths of flow within the "Dangerous" range by Figure 4.3.1.C (Chapter 35- Appendix H) shall be considered dangerous to life. (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 materials may be swept onto other lands to the injury of others. (4) The compatibility of the proposed use with existing and anticipated development; (5) The impact the development may have on the overall function of the stormwater facilities and the impact on properties in its own and connecting watersheds. This may include but not be limited to changes in discharges as a result of changes in impervious cover, velocity, storage, creek roughness, etc. (6) The safety of access to the property in times of flood for ordinary and emergency vehicles; flow depths for access shall be within the Proceed with Caution Range as per figure 4.3.1.C (Chapter 35- Appendix H & Sec 15.3 Unflooded Access) for a regulatory floodplain. (7) 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; (8) 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 sites shall be analyzed. (9) The necessity to the facility of a waterfront location, where applicable; (10) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. (11) The relationship for the proposed use to the comprehensive plan for that area, with respect to the dedication of additional drainage easement for future bond projects, in accordance with this ordinance. (12) The floodplain administrator may deny a permit based on historical high-water rescues, repetitive losses, or other factors affecting public or life safety. (b) If a floodplain development permit application is disapproved, the floodplain administrator shall notify the applicant in writing of the section and specific requirement of this ordinance with which the proposed development does not comply and the nature of such noncompliance. (c) CLOMR and LOMR requirements are as follows: (1) No construction activity is allowed in a FEMA effective and/or regulatory floodplain, or on property containing a FEMA effective and/or regulatory floodplain, prior to issuance of a floodplain development permit (FPDP) and issuance of any site development (or other applicable) building permit. The floodplain administrator may (but is not required to) waive this requirement with acceptance of evidence that such activity is outside the limits of said floodplain. (2) Subdivision plats with easements or property boundaries that are based on a CLOMR or LOMR shall only be approved once said CLOMR/LOMR is approved by CoSA and submitted to FEMA AND (3) Subdivision plats may be recorded once the CLOMR/LOMR has been approved by FEMA or the CLOMR/LOMR has been approved by CoSA and submitted to FEMA. AND (4) Construction activity that will result in a change in the alignment, width, or elevation of a FEMA effective floodplain must have a CLOMR approved by FEMA prior to beginning construction AND (5) Capital Improvement Projects or projects that are federally funded, must have a CLOMR submitted to FEMA and an approved Floodplain Development Permit issued prior to the beginning of construction. (a) If the CLOMR proves there are increases in water surface elevations, then both the City and FEMA must have approved the CLOMR before a Floodplain Development Permit is issued. OR (b) If the CLOMR proves there are decreases in water surface elevations, then only City approval of the CLOMR is required before a Floodplain Development Permit is issued. (6) Once the construction associated with the CLOMR has been completed, no vertical construction is allowed prior to either: a) a Letter of Map Revision (LOMR) is approved by CoSA and FEMA OR b) a Letter of Map Revision (LOMR) is approved by CoSA, submitted to FEMA, and a performance agreement (with the associated performance bond) being approved by CoSA in accordance with section 35-F134. (7) WHEN any CLOMR or LOMR application submitted relating to a FEMA designated Zone A (1% A.C. unstudied) floodplain meets the following criteria, all information required for FEMA to designate the floodplain as Zone AE (1% A.C. with elevation determined) shall be included: a) If the reach being studied and remapped is adjacent to or within five hundred (500) feet of an existing Zone AE designated floodplain, OR b) If the reach limits being studied and remapped exceed five hundred (500) linear feet in length. Reach lengths will be defined generally as the stream length being remapped in a FEMA revision box. (8) Changes in floodplain elevation: a) A modeled change in floodway or floodplain elevation of +/- 0.04 foot (about ½") is generally considered within the computational limits of the modeling software and is not considered a change in elevation for the purposes of mapping only, provided all other requirements in Section 35-133 (c) and FEMA's 44 CFR are met. b) If the modeled change in floodplain elevation shows an increase outside of the applicant's property, a drainage easement, or a right-of-way, that increase will not be allowed, even if the increase is below the 0.04 foot threshold.

(Ord. No. 95415 § 1 Attachment A) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-10-14-0894, § 2, 10-14-10) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)