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(a) Development Permit Required. A development permit shall be obtained before construction or development begins within flood hazard areas established or incorporated into this chapter. Whether or not a project or activity meets the definition for “development” under this chapter is subject to a final written determination made by the Planning Department after consultation with the applicant. The permit shall be for all structures (including manufactured homes) and for all other development including fill and other activities. Application for a development permit shall be made on forms furnished by the City and shall include but not be limited to the following: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; logging, placement of storage tanks (fuel or other), existing or proposed structures, substantial improvements of existing structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(1) For A Zones (A, A1-30, AE, AH, AO).

(i) Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existing highest adjacent grade and proposed elevation of lowest floor of all structures;

(ii) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;

(iii) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria for nonresidential construction; and

(iv) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(2) For V Zones (VE, V1-30 and V).

(i) Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement;

(ii) Base flood elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser; and

(iii) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(b) Designation of the Floodplain Administrator. The Planning Director or his/her designee is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

(c) Duties and Responsibilities of the Planning Department. Duties of the Planning Department shall include but not be limited to the following:

(1) Permit Application Review.

(i) Review all development permit applications to determine that the permit requirements have been met;

(ii) Review all development permit applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required;

(iii) Review all development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that all provisions of this chapter are met.

(2) Issue Permit.

(i) Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the Planning Department shall issue a floodplain development permit to the original applicant. If the project involves the construction of a residential structure in a special flood hazard area, the Planning Department Floodplain Management Office will issue an initial permit based on the building plans in the application. A final permit will be issued after the applicant submits an elevation certificate and floodplain management staff determines that the building is in compliance with all floodplain regulations.

(ii) The floodplain development permit shall be valid until the expiration date provided that the start of construction occurs within one hundred eighty (180) days of the permit issue date. If construction does not begin within this time period, the permit will expire one hundred eighty (180) days from the issue date. The Planning Department Floodplain Management Office shall be notified at least three (3) days prior to start of construction for possible site inspection and notice to proceed.

(iii) The floodplain development permit is not assignable without permission from the Planning Department.

(3) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with the provisions of this chapter, the Planning Department shall obtain, review, and reasonably utilize any base flood and floodway elevation data available from a federal, State or other source, in order to administer the requirements of this chapter.

(4) Information to Be Obtained and Maintained.

(i) Where base flood elevation data is provided through the Flood Insurance Study or is otherwise required, actual elevation as submitted (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement must be recorded;

(ii) For all new or substantially improved floodproofed structures:

(A) Record the actual elevation as submitted (in relation to mean sea level), and

(B) Maintain the flood proofing certifications required by this chapter;

(iii) Maintain for public inspection all records pertaining to the provisions of this chapter in perpetuity.

(5) Notification to Other Entities.

(i) Whenever a watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

(ii) Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

(iii) Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.

(6) Remedial Actions. Take actions on violations of this chapter as required in KMC Chapter 14.20.

(7) Alteration of Watercourses.

(i) Notify adjacent communities and the Department of Community and Regional Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(ii) Require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that flood carrying capacity is not diminished. Require compliance with all other sections of this chapter.

(8) Fee Required. The Planning Department shall charge fees for permits and exceptions. Fees shall be the amount listed in the most current schedule of rates, charges and fees to be paid by the applicant at the time that the floodplain development permit application is submitted.

(Ord. 3298-2022 (Substitute))