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A. Designation Of Floodplain Administrator: The community and economic development director or his/her appointee, 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 is not 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, state, and federal permits have been received, including section 404 of the federal water pollution control act amendments of 1972, 33 USC section 1334.
3. 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).
4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is maintained.
5. 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 of this section.
6. 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 of this section.
7. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of subsection C3 of this section.
8. 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 of this section and subsection 13-1-5B2 of this chapter.
9. Where interpretation is needed as to the exact location of boundaries of the special flood hazard 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 section.
10. When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 13-1-3B of this chapter, obtain, review, and reasonably utilize any BFE data, available from a federal, state, or other source, in order to administer the provisions of this chapter. The city of Hayden adopts the base flood elevation for zone A of 2,246.8 feet per LOMCs 12-10-1356A, 11-10-0256A, and 12-10-1331A.
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 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.
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. Violation of a stop work order constitutes a misdemeanor.
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. 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. Any person who has had their floodplain permit revoked may seek an appeal of that order, pursuant to the procedures in subsection D4 of this section.
15. 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.
16. Follow through with the corrective procedures of subsection D of this section.
17. Review, provide input, and make recommendations for variance requests.
18. 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 13-1-3B of this chapter, including any revisions thereto including letters of map change, issued by FEMA. Notify the NFIP state coordinator and FEMA of your community's mapping needs.
19. Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-Fs) and letters of map revision (LOMRs).
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. 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) 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;
(2) The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in subsection 13-1-3B of this chapter, or a statement that the entire lot is within the special flood hazard area;
(3) The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 13-1-3B of this chapter;
(4) The old and new location of any watercourse that will be altered or relocated as a result of proposed development;
b. Proposed elevation, and method thereof, of all development within a special flood hazard area including, but not limited to: elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
c. A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met;
d. Usage details of any enclosed areas below the lowest floor;
e. 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;
f. Certification that all other local, state, and federal permits required prior to floodplain development permit issuance have been received;
g. Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsections 13-1-5B5 and B6 of this chapter are met;
h. A description of proposed watercourse alteration or relocation, when applicable, including an engineering 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
i. A map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
2. Permit Requirements: The floodplain development permit shall include, but is not 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 13-1-3B of this chapter;
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 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 for zone A; and
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.
3. Certification Requirements:
a. Elevation Certificate: 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.
b. Watercourse 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.
c. Certification Exemptions: The following structures, located within zone A, are exempt from the elevation certification requirements specified in subsections C3a and C3b of this section:
(1) Recreational vehicles meeting requirements of subsection 13-1-5B5a of this chapter;
(2) Temporary structures meeting requirements of subsection 13-1-5B6 of this chapter; and
(3) Accessory structures less than two hundred (200) square feet meeting requirements of subsection 13-1-5B7 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 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 predamaged 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 Idaho building code and this chapter is required.
D. Corrective Procedures:
1. Violations To Be Corrected: When the floodplain administrator finds violations of applicable federal, state, or 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 of law cited in the 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:
a. The building or property is in violation of the floodplain management regulations;
b. A hearing will be held before the floodplain administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
c. Following the hearing, the floodplain administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.
3. Order To Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of the flood damage prevention ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period not less than sixty (60) calendar days and not more than one hundred eighty (180) calendar days. Where the floodplain administrator finds that there is imminent danger to life or other property, he or she may order corrective action be taken in a lesser period, as may be feasible.
4. Appeal: Any owner who has received an order to take corrective action may appeal the order to the Hayden planning and zoning commission by giving notice of appeal in writing to the floodplain administrator and the clerk within ten (10) days following issuance of the final order. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. In the absence of an appeal, the order of the floodplain administrator shall be final. The planning and zoning commission shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. The decision on appeal shall be in writing and set out the facts, technical information, and the legal basis for the decision.
5. 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, which shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or imprisonment in the county jail for not more than six (6) months, or both.
E. Variance Procedures:
1. The planning and zoning commission, as established by the city of Hayden, hereinafter referred to as the "appeal board", shall hear and decide requests for variances from the requirements of this chapter.
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 13-1-2 of this chapter, provided provisions of subsections E9b, E9c, and E9e 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 section.
3. In passing upon variances, the appeal board shall consider all technical evaluations, relevant factors, 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. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location as defined under section 13-1-2 of this chapter as a "functionally dependent facility", where applicable;
f. Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
g. 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. Safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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 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 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. The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval and denial.
7. Any applicant to whom a variance is granted shall be given written notice specifying: a) the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built; b) that such construction below the BFE increases risks to life and property; and c) that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance of 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.
8. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the federal emergency management agency (FEMA) and the state of Idaho, upon request.
9. 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 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 a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws and ordinances.
10. 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; and
d. The use complies with all other applicable federal, state, or local laws.
11. The city of Hayden 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.
12. Any person may appeal a variance decision to city council, pursuant to the appeal procedures in subsection D4 of this section.
13. Any person aggrieved by the decision of city council may appeal such decision to the court, as provided in Idaho Code section 67-6535. (Ord. 564, 10-25-2016)