A. Designation Of Floodplain Administrator: The Community Development Department Director, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this article.
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, but outside the floodway, to assure that the requirements of this article have been satisfied, that the proposed development is reasonably safe from flooding, and to make recommendations to approve, conditionally approve or deny any floodplain development permits according to the procedures set forth in this article.
2. Review all stream alteration permit applications per the provisions set forth in section 17.04J.070, "City Issued Stream Alteration Permit", of this article.
3. Review all proposed development within special flood hazard areas to assure that all necessary local, State, and Federal permits have been received, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334, Idaho Department of Water Resources stream channel alteration permits, and documentation of sections 9 and 10 of the Federal Endangered Species Act, if applicable.
4. Notify adjacent communities and the Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
5. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.
6. Enforce regulations pertaining to encroachments into floodways unless the certification and flood hazard reduction provisions of subsection 17.04J.060E, "Standards For Floodways", of this article are met.
7. Obtain actual elevation (in relation to mean sea level) 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, "Certification Requirements", of this section.
8. Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection C3, "Certification Requirements", of this section.
9. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of subsection C3, "Certification Requirements", of this section.
10. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of subsection C3, "Certification Requirements", of this section and subsection 17.04J.060B2, "Non-Residential Construction", of this article.
11. Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways, or flood fringe areas (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 article.
12. When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, obtain, review, and reasonably utilize any BFE data, along with floodway data or flood fringe area data available from a Federal, State, or other source developed using current Federal engineering standards and practices, including data developed pursuant to subsection 17.04J.060C2 of this article, in order to administer the provisions of this article.
13. When base flood elevation (BFE) data is provided but no floodway or flood fringe area data has been provided in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, obtain, review, and reasonably utilize any floodway data or flood fringe area data available from a Federal, State, or other source in order to administer the provisions of this article.
14. Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
15. Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. 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.
16. Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this article, 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. Violation of a stop-work order constitutes a misdemeanor.
17. 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. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.
18. Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
19. Follow through with corrective procedures of subsection D, "Corrective Procedures", of this section.
20. Review, provide input, and make recommendations for variance requests.
21. Maintain a current map repository to include, but not limited to, the FIS report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of the community's mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based On Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
23. In certain instances, there may be the need for expert review by a third party of the technical data submitted by the applicant. It shall be at the sole discretion of the Floodplain Administrator to determine whether such review is required. Such technical review shall be paid for by the applicant. The applicant shall pay the City the estimated cost of the expert review prior to further processing of the application by the City. If additional costs are incurred, the applicant shall pay those prior to issuance of a floodplain development permit.
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 following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
a. One full-sized paper and one electronic copy of all submittal materials including a completed and signed application form.
b. A plot plan, drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
(1) Topographic and physical features, including:
(A) The existing contours with intervals of one foot (1') or less of the elevation of the entire property;
(B) The proposed contours with intervals of one foot (1') or less of the elevation of the entire property; and
(C) The location, dimensions and elevations (measured from mean sea level) of the proposed improvements, including buildings, structures, fill, drainage facilities, driveways and streets;
(2) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
(3) The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article or a statement that the entire lot is within the special flood hazard area;
(4) The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article;
(5) The boundary of the floodway(s) or flood fringe area(s) as determined in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article;
(6) The base flood elevation (BFE) where provided as set forth in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", 17.04J.030C, "Floodplain Development Permit Requirement", or 17.04J.060C, "Standards For Floodplains Without Established Base Flood Elevations", of this article;
(7) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
(8) The certification of the plot plan by a registered land surveyor or professional engineer for all new construction and as determined necessary by the Floodplain Administrator.
c. Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
(1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any non- residential structure in Zone A, AE, AH, AO, or A1-30 will be floodproofed; and
(3) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
d. If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.
e. A foundation plan, drawn to scale and stamped by a design professional, licensed in the State of Idaho, which shall include details of the proposed foundation system to ensure all provisions of this article are met. These details include but are not limited to:
(1) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and
(2) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsection 17.04J.060A6b(1) through A6b(6) of this article when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A1-30.
f. Usage details of any enclosed areas below the lowest floor.
g. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
h. Certification that all other local, State, and Federal permits required prior to floodplain development permit issuance have been received.
i. Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsection 17.04J.060B5 and B6 of this article are met.
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, rip-rap, docks, grading, paving, excavation or storage of equipment or materials, etcetera).
b. The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 17.04J.030B, "Basis For Special Flood Hazard Areas", of this article.
c. The flood protection elevation required for the lowest floor and all attendant utilities.
d. The flood protection elevation required for the protection of all public utilities.
e. All certification submittal requirements with timelines.
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 Zones 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 building materials below BFE/FPE must be flood resistant materials.
3. Certification Requirements:
a. Elevation Certificates:
(1) A Construction Drawings Elevation Certificate (FEMA Form 86-0-33) is required prior to the actual start of any new construction, addition of living space or substantial improvement. 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 Building Under Construction Elevation Certificate (FEMA Form 86-0-33) is required after the lowest floor is established. Within seven (7) calendar days of establishment of the lowest floor elevation, 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. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. 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 further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
(3) 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. The photographs must be taken with views confirming the building description and diagram number provided in section A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.
b. Floodproofing Certificate: If non-residential 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. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. 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. Foundation Certification: 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 17.04J.060B3b of this article.
d. 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 17.04J.060B5a of this article;
(2) Temporary structures meeting requirements of subsection 17.04J.060B6 of this article; and
(3) Accessory structures less than two hundred (200) square feet meeting requirements of subsection 17.04J.060B7 of this article.
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. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market 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 pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market 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 Building Code and this article 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 property owner of the violation. Notification shall be mailed to the property owner, and said owner shall remedy each of the violations of law cited in such notification within the timeframe noted in the notification document. If the violation is not remedied within the required timeframe, a second notification shall be mailed, informing the owner of the date on which a citation shall be issued, per chapter 17.15, "Enforcement", of this title.
2. Appeal: Appeals shall be subject to the provisions of section 17.03.050, "Appeals", of this title.
3. Failure To Comply With Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the Governing Body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court. The provisions of subsection 17.04J.030H, "Penalties For Violation", of this article, shall apply.
E. Variance Procedures:
1. Requests for variances shall be subject to the requirements of this subsection E, and shall also be subject to the provisions of chapter 17.12, "Variances", of this title.
2. 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. Functionally dependent facilities, if determined to meet the definition as stated in section 17.04J.020, "Definitions", of this article, provided provisions of subsections E8b, E8c and E8e of this section have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
c. Any other type of development, provided it meets the requirements of this article.
3. In passing upon variances, the authorizing body shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, 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 as defined under section 17.04J.020, "Definitions", of this article as a functionally dependent facility, where applicable;
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. 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. Upon consideration of the factors listed above and the purposes of this article, the authorizing body may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this article.
6. 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. 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 are as follows:
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 or flood fringe 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. 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. The City of Hailey 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. Any person aggrieved by the decision of the authorizing body may appeal such decision to the court, as provided in Idaho Code 67-6535. (Ord. 1234, 2018)