A. Designation Of Floodplain Administrator: The chair of the Benewah County commissioners, or his or her designee, hereinafter referred to as the "floodplain administrator", is hereby appointed to administer and implement the provisions of this chapter.
B. Duties And Responsibilities Of The Floodplain Administrator: The floodplain administrator shall perform, but not be limited to, the following duties:
1. Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this chapter have been satisfied.
2. Review all proposed development within special flood hazard areas to assure that all necessary local permits have been received.
3. Prevent encroachments into floodway areas unless the certification and flood hazard reduction provisions of subsection 10-1-5E of this chapter are met.
4. Require proof of actual elevation of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection C3 of this section.
5. Require proof of actual elevation to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection C3 of this section.
6. Require proof of actual elevation of all public utilities in accordance with the provisions of subsection C3 of this section.
7. When floodproofing is utilized for a particular structure, require certifications from a registered professional engineer or architect in accordance with the provisions of subsection C3 of this section and subsection 10-1-5B2 of this chapter.
8. Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas or floodways (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.
9. When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 10-1-3B of this chapter, obtain, review, and reasonably utilize any BFE data, along with floodway data available from a federal, state, or other source, including data developed pursuant to section 10-1-5 of this chapter, in order to administer the provisions of this chapter.
10. When base flood elevation (BFE) data is provided but no floodway data has been provided in accordance with the provisions of subsection 10-1-3B of this chapter, obtain, review, and reasonably utilize any floodway data available from a federal, state, or other source in order to administer the provisions of this chapter.
11. Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the privacy act of 1974, as amended.
12. Make on site inspections of work in progress as needed. In exercising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
13. Issue stop work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the floodplain administrator may order the work to be immediately stopped. The stop work order shall be in writing and directed to the person doing or in charge of the work. The stop work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed.
14. Revoke floodplain development permits as required. The floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation.
15. Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community as resources allow.
16. Maintain a current map repository to include, but not be limited to, the FIS report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of subsection 10-1-3B of this chapter, including any revisions thereto including letters of map change, issued by FEMA.
C. Floodplain Development Application, Permit, And Certification Requirements:
1. Application Requirements: Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The applicant shall complete the application form provided by the floodplain administrator and shall provide any supplemental information requested by the floodplain administrator.
2. Permit Requirements: The floodplain development permit shall include, but not be limited to:
a. A complete description of all the development to be permitted under the floodplain development permit (i.e., house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, et cetera).
b. The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 10-1-3B of this chapter.
c. The flood protection elevation required for the lowest floor and all utilities.
d. The flood protection elevation required for the protection of all public utilities.
e. All certification submittal requirements with time lines.
f. A statement that no fill material or other development shall encroach into the floodway or flood fringe area of any watercourse, as applicable.
g. The flood openings requirements, if in zone A, AE, AH, AO, or A1-30.
h. All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the "start of construction" definition.
i. A statement of the limitations of below BFE enclosure uses, if applicable (i.e., parking, building access and limited storage only).
j. A statement that all materials below BFE/FPE must be flood resistant materials.
3. Certification Requirements:
a. Elevation Certificates:
(1) An elevation certificate (FEMA form 86-0-33) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
(2) A final as built finished construction elevation certificate (FEMA form 86-0-33) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as built construction of the elevation of the lowest floor and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.
The finished construction elevation certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification.
b. Floodproofing Certificate: If nonresidential floodproofing is used to meet the flood protection elevation requirements, a floodproofing certificate (FEMA form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.
c. Manufactured Homes: If a manufactured home is placed within zone A, AE, AH, AO, or A1-30 and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 10-1-5B3b of this chapter.
d. Alteration Or Relocation: If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:
(1) A description of the extent of watercourse alteration or relocation; and
(2) A professional engineer's certified report on the effects of the proposed project on the flood carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and
(3) A map showing the location of the proposed watercourse alteration or relocation; and
(4) An Idaho stream channel alteration permit approval shall be provided by the applicant to the floodplain administrator.
e. Certification Exemptions: The following structures, if located within zone A, AE, AH, AO, or A1-30, are exempt from the elevation/floodproofing certification requirements specified in subsections C3a and C3b of this section:
(1) Recreational vehicles meeting requirements of subsection 10-1-5B4 of this chapter;
(2) Temporary structures meeting requirements of subsection 10-1-5B5 of this chapter; and
(3) Accessory structures less than six hundred (600) square feet meeting requirements of subsection 10-1-5B6 of this chapter.
4. Determinations For Existing Buildings And Structures: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:
a. Determine the assessed value of the building or structure before the start of construction of the proposed work. In the case of repair, the assessed value of the building or structure shall be the assessed value before the damage occurred and before any repairs are made;
b. Compare the cost to perform the improvement, the cost to repair a damaged building to its predamaged condition, or the combined costs of improvements and repairs, if applicable, to the assessed value of the building or structure;
c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Idaho building code and this chapter is required.
D. Corrective Procedures:
1. Violations To Be Corrected: When the floodplain administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations cited in such notification.
2. Actions In Event Of Failure To Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating that the building or property is in violation of the floodplain management regulations.
3. Order To Take Corrective Action: If, pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of this chapter, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period.
4. Failure To Comply With Order: If the owner of a building or property fails to comply with an order to take corrective action, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court.
E. Variance Procedures:
1. Appeal Board: The board of county commissioners as established by Idaho state code hereinafter referred to as the "appeal board", shall hear and decide requests for variances from the requirements of this chapter.
2. Issuance: Variances may be issued for:
a. The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
b. Any other type of development, provided it meets the requirements of this section.
3. Considerations: In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location;
f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
k. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
4. Written Report: The applicant shall include a written report addressing each of the above factors in subsections E3a through E3k of this section with their application for a variance.
5. Purpose Of Board: Upon consideration of the factors listed above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
6. Written Notice: Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
7. Maintenance Of Records: The floodplain administrator shall maintain the records of all appeal actions and report any variances to the federal emergency management agency and the state of Idaho upon request.
8. Conditions For Variances:
a. Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.
b. Variances shall not be issued within any designated floodway area if the variance would result in any increase in flood levels during the base flood discharge.
c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
d. Variances shall only be issued prior to development permit approval.
e. Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
9. Issuance Of Variance: A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met:
a. The use serves a critical need in the community.
b. No feasible location exists for the use outside the special flood hazard area.
c. The lowest floor of any structure is elevated or floodproofed to at least the flood protection elevation.
d. The use complies with all other applicable federal, state and local laws.
10. Notification Of State: The floodplain administrator will notify the state NFIP coordinator of the Idaho department of water resources of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.
11. Appeals: Any person aggrieved by the decision of the appeal board may appeal such decision to the court, as provided in Idaho Code 67-6535. (Ord. 2017-137, 2-9-2017)