[Ord. No. 06-10 §1, 3-7-2006]
A.
A development permit shall be obtained before construction or development begins with any area of special flood hazard established in Section 420.070. No person, firm or corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Section 420.050. Application for a development permit shall be made on forms furnished by the City Clerk and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1.
Elevation, in relation to mean sea level, of the lowest floor (including
basement) of all structures.
2.
Elevation, in relation to mean sea level, to which any non-residential
structure is to be floodproofed.
4.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
5.
Indicate the assessed value of the structure and the fair market
value of the improvement.
6.
Specify whether development is located in designated flood fringe
or floodway.
7.
Give such other information as reasonably may be required by the
City Clerk.
8.
Be signed by the permittee or his/her authorized agent who may be
required to submit evidence to indicate such authority.
[Ord. No. 06-10 §1, 3-7-2006]
The City Clerk is hereby appointed to administer and implement
the provisions of this Chapter, by granting or denying development
permit applications in accordance with its provisions.
[Ord. No. 06-10 §1, 3-7-2006]
A.
Duties
of the City Clerk shall include, but not be limited to:
1.
Review all development permits to assure that sites are reasonably
safe from flooding and that the permit requirements of this Chapter
have been satisfied.
2.
Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
3.
Review all subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, to determine whether
such proposals will be reasonably safe from flooding.
4.
Issue floodplain development permits for all approved applications.
6.
Verify, record and maintain record of the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures.
7.
Verify, record and maintain record of the actual elevation (in relation
to mean sea level) to which the new or substantially improved non-residential
structures have been floodproofed.
8.
When floodproofing is utilized for a particular structure the City
Clerk shall obtain certification from a registered professional engineer
or architect.
9.
Notify adjacent communities and the State Emergency Management Agency
(SEMA) prior to any alteration or relocation of a watercourse and
shall submit evidence of such notification to the Federal Emergency
Management Agency.
10.
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
11.
Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions),
the City Clerk shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this Article.
12.
Verify and maintain a record of the actual elevation (in relation
to mean sea level) that the new or substantially improved non-residential
structures have been floodproofed.
[Ord. No. 06-10 §1, 3-7-2006]
A.
The
Board of Aldermen as established by the City shall hear and decide
appeals and requests for variances from the requirements of this Chapter.
B.
The
Board of Aldermen shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision or determination
made by the City Clerk in the enforcement or administration of this
Chapter.
C.
Any
person aggrieved by the decision of the Board of Aldermen or any taxpayer
may appeal such decision to the Circuit Court of Jasper County.
D.
In
passing upon such applications, the Board of Aldermen shall consider
all technical evaluations, all relevant factors, standards specified
in other Sections of this Chapter; and
1.
The danger that materials may be swept onto other lands to the injury
of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the Comprehensive Plan and
Floodplain Management Program for that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
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 site; and
11.
The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water systems and streets
and bridges.
E.
Conditions For Variances.
1.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half (½) acre or
less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (2 —
6) below have been fully considered. As the lot size increases beyond
the one-half (½) acre, the technical jurisdiction required
for issuing the variance increases.
2.
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State inventory of historic places, without regard to
the procedures set forth in the remainder of this Section.
3.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause,
b.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
c.
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
6.
Any applicant to whom a variance is granted shall be given a written
notice that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.
