(A) Designation of the Floodplain Administrator. The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 C.F.R. (National Flood Insurance Program regulations) pertaining to floodplain management.
(B) Duties and responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) Uphold the goals of the community and the NFIP to reduce risk when possible and increase the community's resistance to future disasters.
(2) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any floodproofing certificates, including the data supporting such certificates.
(3) Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs to which this chapter applies, including, but not limited to, the FIRM.
(4) Review permit applications to determine whether the proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
(5) Review, approve, or deny all applications for development permits required by adoption of this chapter.
(6) Ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and the Endangered Species Act of 1973) from which prior approval is required.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the water course so that the flood carrying capacity will not be diminished.
(8) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA.
(9) 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.
(10) When BFE data has not been provided by FEMA, the Floodplain Administrator shall obtain, review, and reasonably utilize any BFE data and floodway data available from a federal, state, or other source including data provided by the applicant, in order to administer the provisions of this chapter.
(11) When a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30, AE, and AH 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 at any point within the community.
(12) Under the provisions of 44 CFR Chapter 1, § 65.12 of the NFIP Regulations, a community may approve certain development in Zones A1-30, AE, and AH on the community's FIRM, which increases the water surface elevation of the base flood by more than one foot, provided that the community first meets the requirements of § 65.12 of the NFIP Regulations for a conditional FIRM revision through FEMA's CLOMR process.
(C) Requirement to submit new technical data.
(1) The property owner or developer shall notify FEMA by submittal of a LOMR within six months of project completion when an applicant has obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.
(2) The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.
(3) The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgment Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this chapter and all applicable state federal, and local laws.
(D) Permit procedures. Application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to:
(1) Duplicated plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations.
(2) Duplicated plans drawn to scale showing the location, dimensions, and elevation of existing and proposed structures, including the placement of manufactured homes.
(3) Location of the foregoing in relation to SFHAs.
(4) Elevation (in relation to mean sea level), of the lowest floor (including basement and crawlspace) of all new and substantially improved structures, if applicable;
(5) Elevation (in relation to mean sea level), to which any nonresidential structure (if applicable) shall be floodproofed.
(6) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure (if applicable) shall meet the floodproofing criteria of this chapter and the NFIP Regulations.
(7) Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development, if applicable.
(8) At the community's discretion, the community may charge a fee for issuance of floodplain development permits.
(9) Copies of all floodplain development permits and the associated documents shall become property of the community and a permanent record.
(E) Approval, denial of permit. 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:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The compatibility of the proposed use with existing and anticipated development;
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(6) 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;
(7) 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;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations not subject to flooding or erosion damage, for the proposed use; and
(10) The relationship of the proposed use to the comprehensive plan for that area.
(F) Variance procedures.
(1) The Appeal Board or Variance Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this chapter after a floodplain development permit has been denied.
(2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
(5) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing the relevant factors in this § 154.04(F) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(6) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this chapter.
(7) Upon consideration of the factors noted above and the intent of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.
(8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation 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. The term “substantial improvement” does not include any alteration of a structure or facility listed on the National Register of Historic Places or a state inventory of historic places.
(10) Prerequisites for granting variances are:
(a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
(b) Variances shall only be issued upon:
1. Showing a good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 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, conflict with existing local laws or ordinances, considers the need of ingress and egress during times of floods, and does not jeopardize first responders' health and welfare.
(c) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation (BFE), and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial improvements, and for other development necessary for the conduct of a functionally dependent use, provided that:
(a) The criteria outlined in § 154.04(F) above are met; and
(b) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(Prior Code, § 13.20.040) (Ord. 16-2005, passed 11-16-2005; Ord. 22-2023, passed 11-1-2023)