Chapter 18.55
GENERAL REGULATIONS AND PROVISIONS OF THE “E-S” ENVIRONMENTALLY SENSITIVE OVERLAY DISTRICT Revised 8/24
Sections:
18.55.040 Administration. Revised 8/24
18.55.010 Intent.
It is the intent of this chapter, in accordance with the Black Hawk County comprehensive land use plan and Iowa Code Chapters 335 and 352, as amended, that environmentally sensitive areas be protected from irreparable damage caused by development. Environmentally sensitive areas are those areas where substantial evidence indicates that uncontrolled or incompatible development could result in damage to the environment, to life, to property or an area where long-term interest is of either local, state, national or global significance. Any area identified within the environmentally sensitive overlay district or sites that upon individual analysis indicate elements of sensitivity or significance shall be subject to the conditions and the performance standards as provided for in this chapter. Furthermore, developers of such sites shall take necessary steps to protect such areas from degradation. The environmentally sensitive overlay district acts in conjunction with the underlying zoning district or districts. Development within the overlay district must conform to the requirements of both districts or the more restrictive of the two. [Ord. 36 § 16(A), 1995. Code 2009 App. A, § 16(A).]
18.55.020 Identification.
The “E-S” environmentally sensitive overlay district shall include those areas as specified in Chapter 18.15 BHCC. [Ord. 36 § 16(B), 1995. Code 2009 App. A, § 16(B).]
18.55.030 Findings of fact.
Lands within the “E-S” environmentally sensitive overlay district exhibit characteristics that may possess:
A. A hazard potential to human activities in or around the resource; a physical threat to human activities, life or property; a vulnerability or sensitivity of a resource which may be easily destroyed through inappropriate use or exploitation; an immediacy of threat to a resource which may result in an identifiable degradation stemming from development pressures; or the importance of a resource in meeting human needs rather than recognition for its inherent qualities.
B. Furthermore, the flood hazard areas of Black Hawk County are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the health, safety, and general welfare of the community.
C. These flood losses, hazards and related adverse effects are caused by: (1) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flood, and (2) the cumulative effect of obstructions on floodplains, which cause increases in flood heights and flood water velocities.
D. This chapter relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Department of Natural Resources. [Ord. 36 § 16(C), 1995. Code 2009 App. A, § 16(C).]
18.55.040 Administration. Revised 8/24
A. Appointment, Duties, and Responsibilities of Zoning Administrator.
1. The Zoning Administrator is hereby appointed to implement and administer the provisions of this chapter and will herein be referred to as the Administrator.
2. Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following:
a. Review all environmentally sensitive area development permit applications to ensure that the provisions of this chapter will be satisfied.
b. Review all environmentally sensitive area development permit applications to ensure that all necessary permits and plans have been obtained from and approved by federal, state or local governmental agencies, including approval when required from the Department of Natural Resources for floodplain construction.
c. Record and maintain a record for floodplain development of: (i) the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures in the floodplain district, or (ii) the elevation (in relation to mean sea level) to which new or substantially improved structures have been floodproofed.
d. Notify adjacent communities and/or counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Administrator.
e. Keep a record of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this section.
f. Submit to the Federal Insurance Administrator an annual report concerning the County’s participation and floodplain development, utilizing the annual report form supplied by the Federal Insurance Administration.
g. Notify the Federal Insurance Administration of any annexations or modifications to the County’s boundaries.
h. Review subdivision proposals to ensure such proposals are consistent with the purpose of this chapter and advise the Commission and the Board of Supervisors of potential conflicts.
i. Maintain the accuracy of the community’s flood insurance rate maps when:
i. Development placed within the Floodway (Overlay) District results in any of the following:
(A) An increase in the base flood elevations; or
(B) Alteration to the floodway boundary.
ii. Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or
iii. Development relocates or alters the channel.
Within six months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a letter of map revision.
j. Perform site inspections to ensure compliance with the standards of this title.
k. Forward all requests for variance to the Board of Adjustment for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.
3. Environmentally Sensitive Area Development Permit.
a. Permit Required. An environmentally sensitive area development permit issued by the Administrator shall be secured prior to any floodplain development (any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations), including the placement of mobile homes.
b. Application for Permit. Application for an environmentally sensitive area development permit shall be made on forms supplied by the Administrator and shall include the following information:
i. Description of the work to be covered by the permit for which application is to be made. A development plan of all proposed and existing structures on the site.
ii. Legal description of the land on which the proposed work is to be done.
iii. General description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done.
iv. Indication of the use or occupancy for which the proposed work is intended.
v. All necessary permits have been obtained from appropriate federal, state, or local governmental agencies.
vi. For developments involving more than five acres, the elevation of the 100-year flood.
vii. Elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of buildings or of the level to which a building is to be floodproofed, for floodplain development.
viii. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.
ix. Approved proposed methods of water supply and sanitary sewage treatment.
x. Such other information as the Administrator deems reasonably necessary for the purpose of this chapter, including but not limited to: (A) a valley cross section(s), (B) elevation and topographic information, (C) photographs showing existing land uses and vegetation, (D) building plans and materials, (E) flood protection or floodproofing methods, and (F) proposed filling, dredging, grading, rechanneling.
c. Action on Permit Application. The Administrator shall, within a reasonable time, make a determination as to whether the proposed environmentally sensitive development, as proposed, meets the applicable provisions and standards of this chapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Administrator shall not issue permits for conditional uses or variances until approved by the appropriate County board or commission. In reviewing proposed development, the Administrator shall obtain, review and reasonably utilize any available floodplain information or data from federal, state or other sources.
d. Construction and Use to Be as Provided in Application and Plans. Environmentally sensitive area development permits issued 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. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and shall be punishable as provided in Chapter 18.145 BHCC.
Within floodplain areas, 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, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure. The Administrative Officer shall maintain a record of the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether such structures contain a basement or, if such structures have been floodproofed, the elevation to which the structure is floodproofed.
e. Subdivision Review. The Administrator shall review all subdivision proposals within the floodplain (overlay) district to assure that such proposals are consistent with the purpose and spirit of this chapter and shall advise the Board of Supervisors of potential conflicts. Floodplain development in connection with a subdivision shall require a floodplain development permit as provided in this chapter. For proposals greater than 50 lots or five acres, the subdivider shall be responsible for providing flood elevation data. [Ord. 147, 2024; Ord. 36 § 16(D), 1995. Code 2009 App. A, § 16(D).]