§ 26-193. Floodplain development requirements.

(a)

General requirements.

(1)

A floodplain development permit is required for any development or alteration to the natural drainage system within the 500-year floodplain in the county. The director shall approve said permit based on the requirements herein and the required engineering calculations stipulated by the director. All activities that take place within the 500-year floodplain must conform to the regulations set forth in the county flood damage prevention ordinance.

(2)

Persons responsible for property developments that are determined to be in the 500-year floodplain of the county shall prepare and submit a floodplain development permit application. A stormwater management plan, as provided for in division 2, may also be required. As-built elevations of all structures in the floodplain shall be certified on a FEMA elevation certificate. A registered land surveyor or professional engineer in the state shall certify the as-built elevations of all structures in the floodplain.

(3)

The applicant is responsible for all state and federal permits that may be applicable to the site including state permits for the NPDES and ARAP, US Army Corps of Engineers section 404 permits, and TVA section 26A permits. Proof of permit coverage (if applicable) is a requirement for permit coverage by the county.

(b)

Flood fringe fill requirements.

(1)

Construction fill that alters the conveyance and storage capacity of the natural floodplain is prohibited in the flood fringe one-half the linear distance between the floodway line and the 100-year floodplain line.

(2)

The director will authorize individual exceptions to subsection (1) only where:

a.

A drainage study prepared by a registered professional engineer in the state shows a rise of less than 0.1 feet in flood elevations as a result of the fill within 0.5 miles (upstream and downstream) of the proposed development; or

b.

A grading plan prepared for the site shows that alteration in the storage capacity of the natural floodplain is mitigated by removal of an equal, or greater, volume of soil elsewhere in the floodplain located on the site. If this option is used, a drainage study by a registered professional engineer in the state is required to determine if the cut and fill activities will cause a rise in flood elevations greater than 0.1 feet within 0.5 miles (upstream and downstream) of the proposed development.

(3)

The director has the authority to require which option shall be utilized to obtain a waiver of flood fringe fill requirements.

(c)

Structure requirements. Any new or substantially improved structure proposed to be constructed in the floodplain shall meet the following special conditions:

(1)

The flood protection elevation shall be established as the existing 500-year flood elevation or the future 100-year flood elevation (if available) whichever is higher.

(2)

The minimum finished floor elevation (FFE) intended for human occupancy shall be equal to or higher than one foot above the flood protection elevation. Those portions of such structures not intended for human occupancy shall be either equal to or higher than the flood protection elevation. All other related facilities thereto such as electrical equipment, water service and sanitary sewer connections shall be either equal to or higher than the flood protection elevation or shall be flood proofed to the flood protection elevation.

(3)

The director will authorize individual exceptions to subsection (2) only where it can be shown that flood proofing is acceptable from an engineering standpoint.

(d)

Post construction requirements. The applicant must provide as-built certification for all new or substantially improved structures constructed in the 500-year floodplain. As-built certification will include, at a minimum, the lowest finished floor elevation, the lowest adjacent grade elevation, and the elevation of any electrical equipment. The Director may request more as-built information as needed. The applicant must also provide finished floor elevation certificates for all habitable structures constructed in the floodplain. A registered land surveyor or professional engineer in the state must certify these elevation certificates.

(Ord. No. O-07-12-101, § 2(§ 5.3), 1-28-08)