§ 21.06.040. Administration.

A.

Development Permit Required. A development permit shall be obtained before construction or development begins within flood hazard areas established in KPB 21.06.030(B). The permit shall be for all structures and for all other development including fill and other activities. Application for a development permit shall be made on forms furnished by the borough and shall include but not be limited to the following: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; logging, placement of storage tanks (fuel or other), existing or proposed structures, substantial improvements of existing 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 structure has been floodproofed;

3.

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in KPB 21.06.050(B)(2);

4.

Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

B.

Designation of the Borough Administrator. The planning department is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

C.

Duties and Responsibilities of the Planning Department. Duties of the planning department shall include but not be limited to the following:

1.

Permit Application Review.

a.

Review all development permit applications to determine that the permit requirements have been met;

b.

Review all development permit applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required;

c.

Review all development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of KPB 21.06.050(C)(1) are met.

2.

Issue Permit.

a.

Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the planning department shall issue a floodplain development permit to the original applicant. If the project involves the construction of a residential structure in a special flood hazard area, the planning department floodplain management office will issue an initial permit based on the building plans in the application. A final permit will be issued after the applicant submits an elevation certificate and floodplain management staff determines that the building is in compliance with all floodplain regulations.

b.

The floodplain development permit shall be valid until the expiration date provided that the start of construction occurs within 180 days of the permit issue date. If construction does not begin within this time period, the permit will expire 180 days from the issue date. The planning department floodplain management office shall be notified at least three days prior to start of construction for possible site inspection and notice-to-proceed.

c.

The floodplain development permit is not assignable without permission from the planning department.

3.

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with KPB 21.06.030(B), the planning department shall obtain, review, and reasonably utilize any base flood and floodway elevation data available from a federal, state or other source, in order to administer subsections (B)(1), (B)(2) and (C) of KPB 21.06.050

4.

Information to be Obtained and Maintained.

a.

Where base flood elevation data is provided through the Flood Insurance Study or required in subsection (C)(2) of this section, record the actual elevation as submitted (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;

b.

For all new or substantially improved floodproofed structures:

i.

Record the actual elevation as submitted (in relation to mean sea level), and

ii.

Maintain the floodproofing certifications required in KPB 21.06.040(A)(3);

c.

Maintain for public inspection all records pertaining to the provisions of this chapter in perpetuity.

5.

Alteration of Watercourses.

a.

Notify adjacent communities and the Department of Community and Regional Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

b.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

6.

Fee Required. The planning department shall charge fees for permits and exceptions. Fees shall be the amount listed in the most current Kenai Peninsula Borough Schedule of Rates, Charges and Fees to be paid by the applicant at the time that the floodplain development permit application is submitted.

(Ord. No. 2016-36 , § 2, 10-11-16; Ord. No. 2013-29 , § 5, 8-6-13; Ord. No. 2011-32, § 28, 9-20-11; Ord. No. 88-7, § 2(part), 1988)