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A. Designation Of Flood Damage Prevention Chapter Administrator: The city of Orting hereby appoints the city administrator or his/her designee to administer and implement the provisions of this chapter, and is hereinafter referred to as the floodplain administrator.
B. Duties Of The Floodplain Administrator: Duties of the floodplain administrator shall include, but not be limited to:
1. Review all floodplain development permits to determine that the permit requirements of this chapter have been satisfied.
2. Review all floodplain development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required, including those local, state or federal permits that may be required to assure compliance with the endangered species act and/or other appropriate state or federal laws.
3. Review all floodplain development permits to determine if the proposed development is located in the protected area. If located in the protected area, ensure that the provisions of this chapter are met.
4. Ensure that all development activities within the regulatory floodplain of the jurisdiction of the city of Orting meet the requirements of this chapter.
5. Inspect all development projects before, during and after construction to ensure compliance with all provisions of this chapter, including proper elevation of the structure.
6. Maintain for public inspection all records pertaining to the provisions of this chapter on a permanent basis.
7. Submit reports as required for the national flood insurance program.
8. Notify FEMA of any proposed amendments to this chapter.
9. Cooperate with state and federal agencies to improve flood and other technical data and notify FEMA of any new data that would revise the FIRM.
1. Where base flood elevation data have been obtained pursuant to this chapter, the administrator shall obtain, record, and maintain the actual "finished construction" elevation. This information shall be recorded on a current FEMA elevation certificate (FEMA form 81-31), signed and sealed by a professional land surveyor, currently licensed in the state of Washington.
2. For all new or substantially improved dry floodproofed nonresidential structures, where base flood elevation data has been obtained pursuant to this chapter, the administrator shall obtain, record and maintain the elevation (in relation to the datum of the effective FIRM) to which the structure was floodproofed. This information shall be recorded on a permanent basis on a current FEMA floodproofing certificate (FEMA form 81-65), professional engineer, currently licensed in the state of Washington.
D. Development Permits: All required land use and building permits granted by the city shall be subject to the provisions of this chapter.
1. Establishment; Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in this chapter. The permit shall be for all structures including manufactured homes, as set forth in this chapter, and for all development including fill and other activities, also as set forth in this chapter.
2. Application For Development Permit: Application for a development permit shall be made on forms furnished by the city and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
a. Elevations of the area of development in relation to mean sea level (such as a contour map) for both existing and proposed development;
b. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
c. Elevation in relation to mean sea level to which any structure has been floodproofed;
d. Elevations of the 10-, 50-, 100-, and 500-year floods, where the data are available;
e. The riparian habitat zone shall be delineated on the site plan for all development proposals within three hundred feet (300') of any stream or shoreline;
f. Certification by a registered professional surveyor that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 14-1-9B2 of this chapter;
g. Existing and proposed infrastructure. If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged nonresidential structure that will be dry floodproofed, the application shall include the FPE for the building site and the elevation in relation to the datum of the effective FIRM to which the structure will be dry floodproofed and a certification by a registered professional engineer or licensed architect that the dry floodproofing methods meet the floodproofing criteria;
h. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;
i. Description of the extent to which a stream, lake, or other water body, including its shoreline, will be altered or relocated as a result of the proposed development;
j. Designated fish and wildlife habitat conservation areas, and habitat areas identified for conservation or protection under state or federal or local laws or regulations (e.g., endangered species act, Magnuson-Stevens fishery conservation and management act, growth management act, shorelines management act, priority habitat and species list);
k. Existing native vegetation and proposed revegetation;
l. Documentation that the applicant will apply for all necessary permits required by federal, state, or local law. The application shall include written acknowledgment that the applicant understands that the final certification of use or certificate of occupancy will be issued only if the applicant provides copies of the required federal, state, and local permits or letters stating that a permit is not required. The floodplain permit is not valid if those other permits and approvals are not obtained prior to any ground disturbing work or structural improvements; and
m. Acknowledgment by the applicant that representatives of any federal, state or local unit of government with regulatory authority over the project are authorized to enter upon the property to inspect the development.
3. Construction Stage: If the floodplain encroaches five feet (5') into the subject property line, then a flood floor elevation certificate will be required. Upon placement of the lowest floor, or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the floodplain management administrator a certification of the elevation of the lowest floor or floodproofed elevation, as built in relation to mean sea level. A registered land surveyor who is authorized to certify such information in the state of Washington shall prepare said certification. Any work undertaken prior to the submission of the certification shall be at the permit holder's risk.
The administrator shall review the lowest floor elevation and floodproofing certificate. Should these documents be found not in conformance with the requirements of this chapter the permit holder shall immediately cease further work, and shall correct the deficiencies. Failure of the permit holder to submit the surveyed lowest floor elevation and floodproofing certificates, and failure to correct said deficiencies required, shall be the cause to issue a stop work order for the project.
E. Administration By City; Grant Or Deny Permits: The city is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
F. Duties And Responsibilities Of City: Duties of the city shall include, but not be limited to:
1. Alteration Of Watercourses:
a. Notify adjacent communities and the Washington state department of ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
G. Certificate Of Occupancy:
1. A certification of use for the property or a certificate of occupancy for a new or substantially improved structure or an addition shall not be issued until:
a. The permit applicant provides a properly completed, signed and sealed elevation or floodproofing certificate showing finished construction data as required by this chapter;
b. If a mitigation plan is required by this chapter, all work identified in the plan has been completed according to the plan's schedule;
c. The applicant provides copies of all required federal, state, and local permits noted in the permit application instructions; and
d. All other provisions of this chapter have been met.
2. The floodplain administrator may accept a performance bond or other security that will ensure that unfinished portions of the project will be completed after the certification of use or certificate of occupancy has been issued.
H. Floodplain Development Permit Expiration: If there has been no start of construction, a floodplain development permit shall expire one hundred eighty (180) days after the date of issuance. Where the applicant documents a need for an extension beyond this period due to conditions beyond the applicant's control, the floodplain administrator may authorize one or more extensions.
I. Variance Procedure: Variances from the provisions of this chapter shall be processed as described in title 15 of this code. Approved variances shall permit structures to be built with a lowest floor elevation below the base flood elevation and shall assert that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The findings and conclusions of approved variances shall be recorded with the Pierce County auditor and shall run with the land.
1. Variance Considerations: In considering such variances, the hearings examiner shall consider the following factors:
a. The danger that materials may be swept onto other lands at the risk of injury to 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 availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
f. The safety of access to the property in times of flood for ordinary and emergency vehicles;
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; and
h. 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.
2. Conditions For Variances:
a. Upon a determination that the proposed repair or rehabilitation of a historic structure will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.
b. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
d. A determination that failure to grant the variance would result in exceptional hardship to the applicant.
e. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
f. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria in this section and otherwise complies with subsections of this chapter. (Ord. 2017-1010, 3-6-2017)