§ 19-68. Issuance.

(1)

The floodplain administrator, in determining whether to grant or deny a floodplain permit, shall:

(a)

Determine whether the permit requirements of this chapter have been satisfied.

(b)

Determine whether the proposed building site, subdivision proposal or other proposed new development will be reasonably safe from flooding.

(c)

Determine whether the flood-carrying capacity within the altered or relocated portion of any watercourse will be maintained in such a way that flood-carrying capacity is not diminished.

(d)

Determine whether the proposed development adversely affects the flood-carrying capacity and/or flood-storage capacity of the areas of special flood hazard. For the purposes of this chapter, "adversely affects" means likely damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas. Without limiting the foregoing, a development is presumed to adversely affect the flood-carrying and flood-storage capacities of the floodplain if it proposes or requires the filling of land in an area of special flood hazard without simultaneously providing additional flood-carrying and flood-storage capacities to compensate for that capacity which is lost because of such filling.

(2)

The application for a floodplain permit shall be acted upon within fourteen (14) days from receipt of the complete application by the office of the floodplain administrator, unless a technical justification or additional information is required by the floodplain administrator.

(3)

Approval of an application shall result in the issuance of a floodplain permit. Such permit is issued on the basis of approved plans and applications and authorizes only the use, arrangement and construction set forth in such approved plans and applications. Any use, arrangement or construction inconsistent with such authorized permit shall be deemed a violation of this chapter.

(4)

Any appeal of the denial of an application for a floodplain permit must be made to the DRC under the procedures set forth in section 19-43. The DRC shall conduct a public hearing on the appeal in the manner set forth in section 19-46.

(Ord. No. 2009-24 , § 3, 9-22-09)