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A. Establishment of Building Permit and Land Use Permit. A building permit and zoning certification shall be required in conformance with the provisions of this article for all structures including manufactured homes and all other development including fill and other activities.

A certificate of occupancy or final inspection approval for a new or substantially improved structure or an addition shall not be issued until:

1. The applicant provides a completed, signed and sealed Elevation or Floodproofing Certificate showing finished construction data in accordance with this title.

2. If a mitigation plan is required, all work identified in the plan has been completed according to the plan’s schedule.

3. The applicant provides copies of all required federal, state and local permits as noted in the application.

4. All provisions of this title have been met.

B. A floodplain development agreement shall be obtained before any construction or development begins within the Regulatory Floodplain. Application for a floodplain development agreement shall be made on forms prescribed by the City and shall include:

1. A site plan, drawn to scale, showing:

a. The nature, location, dimensions and elevations of the property in question.

b. Names and location of all lakes, water bodies, water ways and drainage facilities within three hundred (300) feet of the site.

c. The elevations of the ten (10), fifty (50), one hundred (100) and five hundred (500) year floods, where the data are available.

d. The boundaries of the Regulatory Floodplain, SFHA, floodway, riparian habitat zone, and channel migration area delineated in accordance with the provisions of this title.

e. The proposed drainage system including, but not limited to, storm sewers, overland flow paths, detention facilities and roads.

f. Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials.

g. All wetlands.

h. Designated fish and wildlife habitat conservation areas.

i. Existing vegetation and proposed vegetation.

j. Description of the extent to which any water course will be altered or relocated as a result of proposed development.

2. If the proposed project involves regrading, excavation or filling, the site plan shall include proposed post-development terrain at one (1) foot contour intervals.

3. If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged structure that will be elevated, the application shall include the flood protection elevation (FPE) for the building and site and the proposed elevations of the following:

a. The top of bottom floor (including basement, crawlspace or enclosure floor).

b. The top of the next higher floor.

c. The top of the slab of an attached garage.

d. The lowest elevation of machinery or equipment servicing the structure.

e. The lowest adjacent (finished) grade next to the structure.

f. The highest adjacent (finished) grade next to the structure.

g. The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support.

4. If the proposed project includes dry flood-proofing of a new structure, substantial improvement, or repairs to a substantially damaged nonresidential structure, the application shall include the flood protection elevation (FPE) for the building site. The elevation shall be noted in relation to the datum of the effective FIRM and the applicant shall provide certification by a registered professional engineer or licensed architect that the dry flood-proofing methods meet the criteria in accordance with this title.

5. If there has been no start of construction, a floodplain development agreement shall expire one (1) year after the date of issuance. Where the applicant documents a need for an extension beyond this period due to circumstances beyond the applicant’s control, the Director may authorize one or more extensions.

C. Administrative Officials. The Director, the City Engineer and the Building Official shall jointly administer and implement this article by granting or denying permit applications in accordance with its provisions.

D. Duties and Responsibilities. The duties of the administrative officials shall include, but not be limited to the following:

1. Review all permit and land use applications to determine that the requirements of this article have been satisfied.

2. Review all applications to insure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

3. Review all applications in the area of special flood hazard to determine if the proposed development adversely affects the flood-carrying capacity of the area.

4. Review all applications to determine if the proposed development is located in the special flood hazard area or protected area and ensure that the provisions of this title are met.

E. Use of Other Base Flood Data. When base flood elevation data has not been established, the City shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in Zone A comply with LMC 18A.50.070(B)(1), (B)(2), and (B)(3).

F. Information to Be Obtained and Maintained.

1. Where base flood elevation data is provided by FEMA or required by this article, obtain and record the actual elevation (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.

2. For all new or substantially improved flood-proofed structures:

a. Verify and record the actual elevation (in relation to mean sea level) to which the structure was flood-proofed; and

b. Maintain the flood-proofing certifications required in LMC 18A.30.070.

3. Maintain for public inspection all records pertaining to the provisions of this article.

4. The Director shall submit reports to include the projects for which they issue floodplain development agreements, including effects to flood storage, fish habitat and all indirect effects of development and mitigation provided, to FEMA as required for the National Flood Insurance Program. [Ord. 726 § 2 (Exh. B), 2019.]