§ 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 504-2 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 504-2 for a future 1% annual chance flood event.

(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.

(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)

(1)

No construction activity is allowed in a FEMA designated one percent annual chance (1% A.C.) floodplain, or on property containing a FEMA designated 1% A.C. floodplain, prior to issuance of a floodplain development permit (FPDP) OR 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.

AND

(2)

No construction activity that will result in a change in the alignment, width, or elevation of a FEMA designated 1% A.C. current conditions floodplain is allowed prior to a conditional letter of map revision (CLOMR) being submitted to FEMA. Additionally, no subdivision plats with easements that are based on revisions to a 1% A.C. current conditions floodplain shall be approved prior to a CLOMR being submitted to FEMA.

AND

(3)

Excluding capital improvement projects managed by a public agency, no construction activity that will result in a change in the alignment, width, or elevation of a FEMA designated floodplain is allowed prior to a CLOMR being approved by FEMA.

AND

(4)

OTHER than work specifically associated with a CLOMR approved by the floodplain administrator (see above), no construction activity that requires a revision to a FEMA designated floodplain to meet the provisions of these floodplain ordinances (e.g. reference section 35-F125) is allowed prior to EITHER:

a.

A letter of map revision (LOMR) being approved by FEMA OR

b.

A LOMR being submitted to FEMA AND a performance agreement (with associated performance bond), being accepted by the city in accordance with subsection 35-F134, below.

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 is adjacent to or within five hundred (500) feet of an existing Zone AE designated floodplain,

OR

b)

If the reach being studied exceeds five hundred (500) linear feet in length.

(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)