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 Kenai Peninsula Borough
 Code of Ordinances
 Title 21. ZONING
 Chapter 21.06. FLOODPLAIN MANAGEMENT

  § 21.06.045. KPB GIS mapped flood data area.  

Latest version.

  • A.

    Base flood elevation in the SMFDA district. Based upon a digital elevation model provided by the borough, base flood elevation in the SMFDA district, which does not include any area of the Special Flood Hazard Area represented in an effective FIRM or DFIRM, is established by a professional land surveyor licensed in the State of Alaska or professional engineer licensed in the State of Alaska at the highest point within the lot measured downslope from the specific construction site.

    B.

    Exemption from application of SMFDA district.

    1.

    A property owner may request an exemption for application of SMFDA, which does not include any area of the Special Flood Hazard Area represented in an effective FIRM or DFIRM, to his proposed development upon a showing by substantial evidence that his property was not inundated by flood waters in the 1986, 1995, or 2006 floods; adverse bank erosion has not occurred during the property owner's ownership, erosion cannot be determined by analysis of KPB aerial photos beginning in 1986; the property is not a Corps of Engineers regulated wetland; or adjacent property owners concur there has been no adverse impact to their properties by flooding from the property of ownership making the request for SMFDA exemption. Staff shall verify whether the application for exemption meets the criteria and shall issue a written determination regarding the same. This determination may be appealed to the planning commission within 15 days of issuance.

    2.

    Where elevation and conveyance data is not available, applications for development permits shall be reviewed to assure that proposed development will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes the use of historical data, high water marks, photographs of past flooding, best management practices, and other available reasonably reliable data.

    C.

    Conditions. Only primary structures, substantial improvements to primary structures, and development in the minimum flood corridor in the SMFDA district require a development permit. The permits in the SMFDA district are subject to the following conditions:

    1.

    Primary structures, including the crawl space, basement, or any part of the structure other than the supports, in the SMFDA district, which does not include any area of the Special Flood Hazard Area represented in an effective FIRM or DFIRM, shall be a minimum of two feet above base flood elevation;

    2.

    Foundations shall have an erosion resistant design; and

    3.

    Where applicable, including for attached garages and similar construction, the standards for the permit is subject to the standards set forth in KPB 21.06.050; and

    4.

    The permitted activity shall not increase the risk of flood damage to downstream or adjacent properties.

    D.

    Currently active channels within the SMFDA district. All development in the SMFDA district in the minimum flood corridor within the Resurrection River watershed, Spruce and Sawmill Creeks, shall require a permit that is based on best management practices to minimize adverse impacts to properties in the vicinity of the subject activity.

    E.

    If review of the permit application by staff indicates that the conditions set forth in KPB 21.06.045(C) cannot be met, staff shall deny the application. The applicant may apply for a permit from the planning commission by submitting a project-specific design under the waiver provisions of KPB 21.06.045(F).

    F.

    Exceptions. The exception procedure in KPB 21.06.060 only applies to permitting in Special Flood Hazard Area of the current effective FIRM or DFIRM area. For the SMFDA area, a project-specific design prepared by a licensed professional engineer may be submitted for consideration to the planning commission in lieu of meeting the conditions set forth in KPB 21.06.045(C). Based upon written findings of fact, the planning commission may grant or deny the permit and place conditions on the permit it grants in order that the risk of flood damage to downstream or adjacent property or flood damage to public infrastructure will not be increased. The grant or denial of a permit may be appealed to the hearing officer within 15 days of distribution of the planning commission's written decision.

(Ord. No. 2013-29 , § 6, 8-6-13; Ord. No. 2010-17, § 2, 5-4-10; Ord. No. 2009-09(S), § 3, 3-24-09)

Editor's note

Ord. No. 2009-09, § 4, provides: "That this ordinance shall automatically expire on March 24, 2010 unless the assembly by ordinance alters or extends that date." Ord. No. 2010-17, § 1, adopted May 4, 2010, states: "Ordinance 2009-09 (Substitute) shall remain in effect until March 4, 2011, at which time it shall automatically expire unless the assembly by ordinance alters or extends that date." Subsequently, the expiration date was amended by Ord. No. 2011-02, § 1, adopted March 1, 2011, as follows: "That Ordinance 2009-09 (Substitute) as amended by Ordinance 2010-17 shall remain in effect until time of assembly adoption of the final DFIRMs of the SMFDA, at which time it shall automatically expire unless the Assembly alters or extends that date by ordinance."