13.74.056: INTERPRETATION:

In the interpretation and application of this chapter, all provisions shall be:

   A.   Considered as minimum requirements;

   B.   Liberally construed in favor of the governing body; and

   C.   Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 2012-15, 9-20-2012)

13.74.057: WARNING AND DISCLAIMER OF LIABILITY:

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 2012-15, 9-20-2012)

ARTICLE IV. ADMINISTRATION

13.74.060: DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR:

The community development director is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. (Ord. 2012-15, 9-20-2012)

13.74.061: DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR:

Duties and responsibilities of the floodplain administrator or designee shall include, but not be limited to, the following:

   A.   Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.

   B.   Review permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

   C.   Review, approve or deny all applications for development permits required by adoption of this chapter.

   D.   Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334) from which prior approval is required.

   E.   Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.

   F.   Notify, in riverine situations, adjacent communities and the state coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.

   G.   Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

   H.   When base flood elevation data has not been provided in accordance with section 13.74.052 of this chapter, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of article V of this chapter.

   I.   When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.

   J.   Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot (1'), provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). (Ord. 2012-15, 9-20-2012)

13.74.062: PERMIT PROCEDURES:

Application for a development permit shall be presented to the floodplain administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

   A.   Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

   B.   Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

   C.   A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of subsection 13.74.071B of this chapter;

   D.   Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;

   E.   Maintain a record of all such information in accordance with subsection 13.74.061A of this article;

Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and the following relevant factors:

   A.   The danger to life and property due to flooding or erosion damage;

   B.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

   C.   The danger that materials may be swept onto other lands to the injury of others;

   D.   The compatibility of the proposed use with existing and anticipated development;

   E.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

   F.   The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

   G.   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;

   H.   The necessity to the facility of a waterfront location, where applicable;

   I.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

   J.   The relationship of the proposed use to the comprehensive plan for that area. (Ord. 2012-15, 9-20-2012)