Chapter 4 Generally Applicable Development Standards Appendix 4G Floodplain Management Page3 of 3

  1. ADMINISTRATION
    1. Administering Agency.

      The Louisville and Jefferson County Metropolitan Sewer District shall be the administering agency for this ordinance. As administering agency it shall
      1. Keep on file and make available to the public for its inspection up to date copies of the Flood Insurance Rate Maps published by the Flood Insurance Administration or FEMA for Jefferson County and any cities within its geographic boundaries as they may be amended by that Agency from time to time.
      2. Accept data from third parties or use data of which it may become aware such as construction of any flood control protective works, evaluate it and, when the administering agency deems it accurate and otherwise acceptable, submit it to the Administrator of the Flood Insurance Administration or FEMA as the basis for amending the Flood Insurance Rate Maps for Jefferson County, and work with FEMA to amend the Flood Insurance Rate Maps for the County.
      3. Engage in a program of education to promote public awareness of the location of flood prone areas, the risks of undertaking development in those areas without appropriate floodproofing and floodplain storage compensation measures, the availability and advantages of flood insurance, and protections which may be provided by floodproofing and floodplain storage compensation.
      4. On a time schedule as staffing and budget permit in the discretion of the administering agency prepare or cause to be prepared watershed master plans for all watersheds in the County identifying thereon the local regulatory base flood elevation, the local regulatory floodplain, the local regulatory conveyance zone, and other relevant hydraulic and geologic information.
      5. Develop an application for the floodplain permit listing items and information to be submitted for review and the form of those submittals and establish fees to be paid to the administering agency to cover the cost f its review. Information to be submitted shall include but not be limited to the following: site plan, lower floor construction drawings, grading and drainage plans, base flood elevation, conveyance zone limits, elevation of lowest floor, floodproofing elevation if applicable, floodproofing certification if applicable, description of the extent to which a watercourse will be altered, description of access, State permit, deed of restriction if applicable, certificate by a registered professional engineer in the State of Kentucky as to floodproofing adequacies and base flood elevation data for proposed new development.
      6. Review all floodplain permit applications for development or construction of structures in the local regulatory floodplain and so long as the application as it may be revised and any conditions attached to it are consistent with the requirements of this ordinance issue floodplain permits therefore and assure that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required.
      7. Inspect as necessary development permitted by the floodplain permit or local regulatory conveyance zone permit to assure its conformance with the permit issued and obtain from the permit holder certificates of elevation in accordance with the provisions of this ordinance.
      8. When the development is not in conformance with this ordinance or with the floodplain permit or the local regulatory conveyance zone permit issued by the administering agency, either take appropriate enforcement action or recommend enforcement action to the Flood Plain Board.
      9. Notify adjacent communities and the State prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA.
      10. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
      11. Develop regulations as necessary implementing the provisions of this ordinance including application forms and required submittals of technical information and maps and drawings to provide the administering agency adequate information for its review.
      12. Provide to the Flood Plain Board the information and assistance required and necessary for its proceedings and actions.
      13. At its sole discretion, in an emergency, if other appropriate information designating local regulatory base flood elevation, local regulatory conveyance zone and local regulatory floodplain is not available, use maps issued by FEMA designating the FEMA base flood elevation, floodway and floodplain instead.
    2. Variances.

      The Flood Plain Board, upon application, after public hearing, and subject to the procedural and substantive standards hereinafter set forth, may grant such specific variance from the individual provisions of Part C above as will not cause detriment to the public good, safety or welfare nor be contrary to the spirit, purposes or intent of this ordinance where by reason of unique and exceptional physical circumstances or condition of the particular property owned by the applicant (including all adjacent or contiguous or nearby property under the same ownership) the literal enforcement of the requirements of this ordinance will result in an unreasonable hardship on the owner of the property adversely affected by the provisions of Part C.
      1. The following additional prerequisites are required for the granting of a variance from Part C:
        1. the property is a historic structure, the development proposed will not preclude the structure's continued designation as a historic structure and the variance requested from the provisions of Part C is the minimum required to preserve the historic character of the structure; o
        2. the variance is the minimum necessary to afford relief, considering the flood hazard; and
        3. a showing has been made of good and sufficient cause, a finding has been made that failure to grant the variance would result in exceptional hardship to the applicant, and a finding has been made that the granting of a variance would not result in an increase in the local regulatory base flood elevation, additional threats to public safety, or public expense, nor create nuisances, cause fraud on or victimization of the public, nor conflict with existing local laws or ordinances; and
        4. a variance shall not be granted within the local regulatory conveyance zone if any increase in the local regulatory base flood elevation during a local regulatory flood would result.
      2. Conditions.
        1. Upon consideration of the factors noted above and the intent and policies of this ordinance, the Flood Plain Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives herein.
        2. If an applicant is granted a variance which allows the permitted structure to be built with a lowest floor elevation no more than a specified number of feet below the local regulatory base flood elevation then the applicant shall be notified that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      3. `The Flood Plain Board may require the applicant to submit such additional information as it may deem necessary in order for it to evaluate the variance request.
      4. Process

        Upon receipt of the written request of an applicant for a variance stating the reason therefore, the written decision of the administering agency disapproving the requested development and receipt of any additional information requested by the Flood Plain Board, the Flood Plain Board shall schedule a public hearing date, notify adjacent property owners and hear all interested parties at the hearing before rendering its decision to grant or deny the variance or to grant it with conditions.
    3. Appeals.
      1. Any person aggrieved by a final written decision of the administering agency under this ordinance may appeal that decision to the Jefferson Circuit Court.
      2. All appeals shall be taken in the appropriate Circuit Court within thirty (30) days after the final action or decision of the administering agency and all decisions which have not been appealed within thirty (30) days shall become final.
      3. When an appeal has been filed, the clerk of the Circuit Court shall issue a summons to all parties, including the administering agency in all cases, and shall cause to be delivered for service as in any other law action.
  2. ENFORCEMENT
    1. Civil Offense.

      If, at any time development occurs which is not in accordance with the provisions of this ordinance including obtaining or complying with the terms of a floodplain permit or a local regulatory conveyance zone permit and conditions and any approved modifications thereof, such violation of this ordinance is a civil offense.
    2. Notice of Violation.

      If, at any time, a duly authorized employee or agent of the administering agency has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this ordinance including obtaining or complying with the terms of a floodplain permit and the conditions and any approved modifications thereof, a duly authorized employee or agent of the administering agency shall issue a notice to the person responsible for the violation and/or the owner of the property, stating the facts of the offense or violation, the section of this ordinance and/or the permit violated, when it occurred, how the violation is to be remedied to bring the development into conformity with this ordinance or with the approved permit, and within what period of time the remedy is to occur which period of time shall be reasonable and shall be determined by the nature of the violation and whether or not it creates a nuisance or hazard. The remedy may include an order to stop work on the development. The notice shall also state that a citation may be forthcoming in the event that the requested remedies and corrective actions are not taken which citation will request a civil monetary fine and shall state the maximum fine which could be imposed.
    3. Notice of Citation.

      If, at any tune, a duly authorized employee or agent of the administering agency has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this ordinance including obtaining or complying with the terms of a floodplain permit or a local regulatory conveyance zone permit and the conditions and any approved modifications thereof, a duly authorized employee or agent of the administering agency may issue a citation to the offender stating the violation, prior notices of violation issued, how the violation is to be remedied to bring the development into conformity with this ordinance or with the approved penalties are recommended. When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven (7) days of the date the citation is issued by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth hi the citation or requesting a hearing before the Flood Plain Board. If the person to whom the citation is issued does not respond to the citation within seven (7) days, that person shall be deemed to have waived the right to a hearing and the determination that a violation occurred shall be considered final. In that event, the citation shall be presented to the Flood Plain Board and it shall enter its decision without a hearing.
    4. Flood Plain Board Proceedings.
      1. If the person to whom the citation is issued requests a hearing before the Flood Plain Board, the Flood Plain Board shall schedule the hearing within fourteen (14) days unless all parties mutually agree to a continuance.
      2. Evidence against the person charged with the violation shall be presented by an attorney at law and the proceedings shall be recorded; the person cited may be represented by counsel. The Flood Plain Board shall take all testimony under oath and may subpoena alleged violators, witnesses and evidence to its hearing.
      3. Any person not appearing at a duly scheduled hearing shall be deemed to have waived the right to a hearing and the Flood Plain Board may enter its final decision.
      4. The Flood Plain Board shall hear the evidence presented and based thereon shall render its decision and final order, which may uphold the citation, dismiss it, order remedies and corrective action or a penalty or some combination thereof. Its final order shall be rendered in writing.
      5. The final order of the Flood Plain Board may be appealed to the Circuit Court of Jefferson County within thirty (30) days of the date that it is issued. It shall be initiated by the filing of a complaint by the aggrieved party and the action shall be tried de novo. If the final order is not appealed within thirty (30) days of its issuance, it shall be deemed final and unappealable.
    5. Remedies.

      At the conclusion of the hearing and after due deliberation of the evidence presented, the Flood Plain Board may
      1. revoke or suspend a floodplain permit or a permit issued to perform work in a local regulatory conveyance zone if
        1. a violation of any condition of the permit occurs; or
        2. a violation of any provision of this ordinance or any other applicable law, ordinance, rule or regulation pertaining to the permit occurs; or
        3. any condition exists or any act is done constituting fraud or creating a nuisance or hazard or endangering human life or the property of others.
      2. issue a stop work order on all construction activity on the subject property which may be directly or indirectly related to site drainage and which is being performed pursuant to any permits, licenses, franchises or contracts issued or approved by the administering agency, the County or other municipality.
      3. order the owner of the property and/or the holder of the permit issued under this ordinance to take such steps as are necessary to protect the public health and safety through an order to stop work or to take corrective or remedial action on the property where work constituting a violation of this ordinance has occurred or is in progress. If the action ordered by the Flood Plain Board is not taken within the period of time set by the Flood Plain Board, the Flood Plain Board may authorize the administering agency or its designee to cause the action to be taken, charging the violator all costs of such remedial mitigating or corrective action plus legal costs which costs shall become a lien against the property of the person cited, shall be recorded in the office of the county clerk, and shall bear interest until paid in full and may be enforced by legal action.
      4. assess a civil monetary penalty in accordance with Section E 6 below.
    6. Penalties.
      1. Any person who violates this ordinance or fails to comply with any of its requirements shall be guilty of a civil offense and upon a finding of the Flood Plain Board that such violation has occurred may be fined by the Flood Plain Board a civil monetary penalty of not more than $500 for each day the violation has occurred with a maximum not to exceed $50,000 for each violation if the person who committed the offense contests the citation or a civil monetary fine of not more than $300 for each day the violation has occurred with a maximum not to exceed of $30,000 for each violation if the person who committed the violation does not contest the citation.
      2. No penalty authorized in this ordinance may be imposed after the expiration of five years beginning on the date of the issuance of the citation by the administering agency.
    7. Notice to Parties of Record and Insurers.

      When a violation of any provision of this ordinance has occurred and a nonappealable order of the Flood Plain Board or a court of law has been entered, the administering agency shall notify any party having a legal interest in the property which is filed of record in the Office of the Clerk of Jefferson County or any party which has insured or could insure against flood damage to the property of the existence of the violation.
    8. Public Nuisance

      Every development placed or maintained in the local regulatory conveyance zone or in the local regulatory floodplain in violation of this ordinance is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by legal or equitable action of the administering agency or the County or the municipality in which it is located. Nothing contained herein shall prevent the administering agency, any municipality or Jefferson County from taking such other immediate lawful actions as are necessary to prevent, correct, or remedy any such violation when there is reason to believe that the existence of the violation presents a serious threat to the public health, safety, welfare, or in the absence of immediate action, the effects of the violation may be irreparable or irreversible. Any such matters assessed or actions taken shall be in addition to and not instead of the remedies and penalties provided herein.
  3. CONCURRENT ACTION BY PLANNING COMMISSION

    This ordinance does not preclude the Louisville and Jefferson County Planning Commission from including land proposed for development as well as land designated as being within the local regulatory floodplain in its calculation of gross density. Wherever feasible, practicable and appropriate, the Louisville and Jefferson County Planning Commission may allow the same gross density on the land to be developed as would have been allowed on the total parcel were the local regulatory floodplain not present.
  4. DISCLAIMER OF LIABILITY

    The County recognizes that although the degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations, on rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. These provisions do not imply that land outside the flood plain areas or that uses permitted within such areas will be free from flooding or flood damages. These provisions shall not create liability on the Part of the County or the administering agency or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
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Revised 07/22/97