42-349. Floodplain Development Permits

  1. Purpose. A Floodplain Development Permit shall be required for any new development in a Special Flood Hazard Area (SFHA),
  2. Permit Issuance. The Floodplain Administrator shall issue Floodplain Development Permits.
  3. Application.
    1. Application. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities proposed to be located within an SFHA. The following items/information shall be presented to the Floodplain Administrator to apply for a Floodplain Development Permit:
      1. A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
        1. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, proposed grading/pavement areas, fill materials, storage areas, drainage facilities, and other proposed development;
        2. The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas), or a statement that the entire lot is within the Special Flood Hazard Area;
        3. Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas); or a statement that the entire lot is within the Special Flood Hazard Area;
        4. The boundary of the flood fringe area, if any, as set out in the FIRM;
        5. The boundary of the floodway(s) or non-encroachment area(s) as determined in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas);
        6. The Base Flood Elevation (BFE), where provided, as set forth in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas); §42-310 (Henderson County Floodplain Administrator) A (Powers and Duties Pursuant to this Chapter) (14), (17), and (18); §42-234.4 (Standards for Floodplains without Established Base Flood Elevations); and/or §42-234.5 (Standards for Riverine Floodplains with BFE Data but Without Established Floodways);
        7. The old and new location of any watercourse that will be altered or relocated as a result of the proposed development; and
        8. Certification of the plot plan by, or under the direct supervision of, a registered land surveyor or professional engineer.
      2. Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but not limited to:
        1. Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
        2. Elevation in relation to mean sea level to which any nonresidential structure in Zone AE, A or AO will be floodproofed; and
        3. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;
      3. If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures. Back-up plans from a registered professional engineer or architect certifying that the nonresidential floodproofed development will meet the floodproofing criteria in Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) are also required.
      4. A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) are met. These details include but are not limited to:
        1. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
        2. Details of sufficient openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with §42-234.2 (Specific Standards) D (Elevated Structures) (3) when solid foundation perimeter walls are used in Zones A, AO, and AE.
      5. Usage details of any enclosed space below the lowest floor.
      6. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
      7. Copies of all other Local, State and Federal permits required prior to Floodplain Development Permit issuance (Wetlands, Endangered Species, , Riparian Buffers, Mining, etc.).
      8. Documentation for placement of recreational vehicles and/or temporary structures to ensure the provisions of §42-234.2 (Specific Standards) F (Recreational Vehicles) are met.
      9. Where the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least two (2) feet above the highest adjacent grade.
      10. A description of proposed watercourse alteration or relocation when applicable, including an engineering report on the effects of the proposed project on flood-carrying capacity of the watercourse and the effects to properties located both upstream and d downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
    2. Certification Requirements.
      1. Elevation Certificates.
        1. An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Elevation certification shall be prepared by, or under the direct supervision of, a professional land surveyor or professional engineer and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit.
        2. An Elevation Certificate (FEMA Form 81-31) is required after the reference level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Elevation certification shall be prepared by or under the direct supervision of, a professional land surveyor or professional engineer and certified by same. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
        3. A Final As-Built Elevation Certificate (FEMA Form 81-31) is required after construction is completed and prior to Floodplain Development Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation and all attendant utilities. Said elevation certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional engineer and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Floodplain Development Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make said corrections required shall be cause to withhold the issuance of a Floodplain Development Certificate of Compliance/Occupancy.
      2. Floodproofing Certificates. If nonresidential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65) with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Said floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan submitted. Deficiencies detected by such review shall be corrected by the applicant prior to Floodplain Development Permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Floodplain Development Certificate of Compliance/Occupancy.
      3. Engineered Foundation Certificates. If a manufactured/mobile home is placed within Zone A, AO, or AE and the elevation of the chassis is above 36 inches in height, an engineered foundation certification is required per §42-234.2 (Specific Standards) B (Manufactured/Mobile Homes).
      4. Certification Exemptions. The following structures, if located within Zone A, AO, or AE are exempt from the elevation/floodproofing certification requirements specified in item C(1) and C(2) above:
        1. Recreational Vehiclesmeeting the requirements of §42-234.2 (Specific Standards) F (Recreational Vehicles)
        2. Temporary structures meeting requirements of §42-234.2 (Specific Standards) G (Temporary Nonresidential Structures); and
        3. Accessory structures less than 150 square feet meeting requirements of §42-234.2 (Specific Standards) H (Accessory Structures).
    3. Fees. Any review fee established by the Commissioners shall be submitted with the application. The Board of Commissioners shall establish a Schedule of Fees, charges and expenses, and a collection procedure, for permits, plan review, inspections, and other matters pertaining to Article VIII (Natural Resources) Subpart A (Flood Damage Prevention). No application for a permit or certificate shall be processed unless or until such fees, as established, and all estimated expenses have been paid in full, nor shall any action be taken on appeals before the Henderson County Flood Damage Prevention Board unless and until any fees and estimated expenses have been paid in full.
  4. Permit Issuance. The Floodplain Development Permit shall include, but not be limited to:
    1. A description of the development to be permitted under the Floodplain Development Permit issuance.
    2. The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas).
    3. The Regulatory Flood Protection Elevation required for the reference level and all attendant utilities.
    4. The Regulatory Flood Protection Elevation required for the protection of all public utilities.
    5. All certification submittal requirements with timelines.
    6. A statement that no fill materials or other development shall encroach into the floodway, non-encroachment area, or the flood fringe area of any watercourse, if applicable, except as permitted in §42-235.1 (General Standards), or pursuant to a Special Fill Permit issued pursuant to §42-354 (Special Fill Permits).
    7. The flood opening requirements, if in Zones A, AO, or AE.
    8. A statement of limitations of below BFE enclosure uses (if applicable), including but not limited to parking, structure access and limited storage only.
  5. Permit Validity. A Floodplain Development Permit shall be construed as permission to proceed with work and not as authority to violate, cancel, alter, or set aside any of the provisions of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) or any regulations included by reference. Issuance of a permit shall not prevent the Floodplain Administrator from thereafter requiring correction of errors in plans or construction, or violations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention).
    1. Permit Revocation. The Floodplain Administrator may revoke and require the return of the Floodplain Development Permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any Floodplain Development Permit mistakenly issued in violation of an applicable State or local law may also be revoked.