PUBLIC NOTICE

A SUMMARY PUBLICATION OF THE

BENTON COUNTY, IOWA FLOODPLAIN MANAGEMENT ORDINANCE

ORDINANCE NUMBER 79

The complete text of this ordinance is available for inspection at the Auditor's Office in the Benton County Courthouse located at 111 E 4th St, Vinton, Iowa, Monday through Friday between the hours of 8:00 AM and 4:30 PM local time and also is located at www.bentoncountyia.gov/boardofsupervisors/codeofordinances/

This Ordinance is a revision of Benton County's current Floodplain Management ordinance. This Ordinance adopts a new Flood Insurance Rate Map (FIRM) for Benton County which reflects the results of a new study along Mud Creek. This Ordinance also modifies terminology to align with that of the National Flood Insurance Program. This Ordinance will now require that all HVAC equipment including ductwork be elevated one foot above the base flood elevation.

The purpose of this Ordinance is to protect and preserve the rights, privileges, and property of Benton County and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing flood losses. The provisions of this Ordinance are designed to: 1) Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially, 2)Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities, 3) Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement, 4) Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard, 5) Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

The provisions of this Ordinance apply to all lands and development which have significant flood hazards. The Flood Insurance Rate Map (FIRM) for Benton County and Incorporated Areas, dated September 21, 2023, which were prepared as part of the Benton County Flood Insurance Study, shall be used to identify such flood hazard areas and all areas shown thereon to be within the boundaries of the base flood shall be considered as having significant flood hazards. This Ordinance adopts by reference the Benton County Flood Insurance Study.

No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this ordinance. The Land Use Administrator (Administrator) is appointed to implement and administer the provisions of this ordinance.

A Floodplain Development Permit issued by the Administrator shall be secured prior to any floodplain development (any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials and equipment, excavation or drilling operations), including the placement of factory-built homes. Applications for permits shall be made on forms furnished by the Administrator.

The Administrator shall make a determination as to whether the proposed floodplain development meets the applicable standards of this Ordinance and shall approve or disapprove the application.

Floodplain Development Permits based on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, structure floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this Ordinance, prior to the use or occupancy of any structure.

All development must be consistent with the need to minimize flood damage and meet the applicable performance standards listed in this ordinance. Where base flood elevations or floodway data have not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the base flood elevation. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.

Violations of the provisions of this Ordinance or failure to comply with any of the requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 (FIVE HUNDRED DOLLARS) or imprisoned for not more than 30 (THIRTY) days. Nothing herein contained prevent Benton County from taking such other lawful action as is necessary to prevent or remedy violation.

The Ordinance shall be in full force and effect after passage and publication of a summary.

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