Chapter 16C.05.44
FLOOD HAZARD PROTECTION ADMINISTRATION
Sections:
16C.05.44.010 Designation of the Floodplain Administrator.
16C.05.44.030 Permit – Required.
16C.05.44.040 Permit – Application.
16C.05.44.050 Permit – Review.
16C.05.44.055 Review of Building Permits.
16C.05.44.060 Use of Available Data.
16C.05.44.065 Information to be Obtained and Maintained.
16C.05.44.080 Permit – Expiration and Cancellation.
16C.05.44.090 Performance Bonds.
16C.05.44.010 Designation of the Floodplain Administrator.
The Chief Building Official is vested with the duty of administering the rules and regulations relating to flood hazard protection in accordance with the provisions of Chapters 16C.05.20 through 16C.05.72 and may prepare and require the use of such forms as are essential to such administration. The Floodplain Administrator may delegate authority to implement these provisions.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.010), 2007).
16C.05.44.020 Authority.
Upon application, the Chief Building Official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in Chapters 16C.05.20 through 16C.05.72 and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the Critical Areas Ordinance.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.020), 2007).
16C.05.44.030 Permit – Required.
Prior to any construction or development within a special flood hazard area a flood hazard permit shall be obtained. The permit shall be for all structures including manufactured homes, as set forth in the “Definitions,” and for all development including fill and other activities, also as set forth in the “Definitions.” This permit may be in addition to the critical area development authorization as set forth in Chapter 16C.03 of this title.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.030), 2007).
16C.05.44.040 Permit – Application.
All persons applying for a flood hazard permit shall submit a written application, accompanied by an application fee as specified in YCC Title 20, using the forms supplied. The application shall not be considered complete until the following minimum information is provided:
(1) Name, address and telephone number of applicant;
(2) Name, address and telephone number of property owner;
(3) Project description and taxation parcel number;
(4) Name of the stream or body of water associated with the floodplain in which the development is proposed;
(5) Site plan map showing:
(a) Actual dimensions and shape of the parcel to be built on,
(b) Sizes and location of existing structures on the parcel to the nearest foot,
(c) Location and dimensions of the proposed development, structure or alteration,
(d) Location, volume and type of any proposed fill,
(e) The application shall include such other information as may be required by the administrative official, to clarify the application, including existing or proposed building or alteration, existing or proposed uses of the building and land, and number of families, housekeeping units or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with and provide for the enforcement of Chapters 16C.05.20 through 16C.05.72;
(6) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the Floodplain Administrator.
(7) Elevation in relation to mean sea level to which any structure has been flood proofed;
(8) Where a structure is to be flood proofed, certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet flood proofing criteria in Section 16C.05.28.020(2);
(9) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;
(10) Where development is proposed in a floodway, an engineering analysis indicating no rise of the Base Flood Elevation; and
(11) Information required by other sections of Chapters 16C.05.20 through 16C.05.72.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.040), 2007).
16C.05.44.050 Permit – Review.
Duties of the Floodplain Administrator shall include, but not be limited to review all development permits to determine:
(1) That the floodproofing requirements and other provisions of Chapters 16C.05.20 through 16C.05.72 have been satisfied;
(2) If the proposed development is located in the floodway, the floodway encroachment provisions of Section 16C.05.36.020(2) are met;
(3) If the proposed development includes the alteration or relocation of a watercourse, the provisions of Section 16C.05.28.010(4) are met;
(4) That the proposed development is a use permitted under Chapters 16C.05.20 through 16C.05.72 and YCC Title 19;
(5) That all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(6) The site is reasonably safe from flooding;
(7) Notify FEMA when annexations occur in the Special Flood Hazard Area.
(8) Notify FEMA of changes to the base flood elevation within six months of when technical information of such changes becomes available. Such notification shall include technical or scientific information.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Res. 80-2016 (Exh. A) (part), 2016; Ord. 13-2007 §1 (Exh. A)(16C.05.44.050), 2007).
16C.05.44.055 Review of Building Permits.
Where elevation data is not available, either through the FIS, FIRM, or from another authoritative source (Section 16C.05.44.060), applications for floodplain development shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. (Failure to elevate habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.)
(Ord. 8-2021 § 2(C) (Exh. 1), 2021).
16C.05.44.060 Use of Available Data.
When base flood elevation data has not been provided in accordance with Section 16C.05.20.010 (Flood Hazard Areas Established), the Floodplain Administrator shall obtain, review, and reasonably utilize any flood area extent from frequently flooded areas, base flood elevation, and floodway data available from a federal, state or other source, in order to administer Section 16C.05.28.020 (Specific Standards) and 16C.05.36.020 (Prohibited Uses) and Chapter 16C.04 (Enforcement and Penalties).
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.060), 2007).
16C.05.44.065 Information to be Obtained and Maintained.
(1) Certification required by Section 16C.05.36.020(2)(floodway encroachments).
(2) Records of all variance actions, including justification for their issuance.
(3) Improvement and damage calculations.
(4) Maintain for public inspection all records pertaining to the provisions of this chapter.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021).
16C.05.44.070 Limitations.
Permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized is a violation of Chapters 16C.05.20 through 16C.05.72 and punishable as provided by Chapter 16C.04 (Enforcement and Penalties).
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.070), 2007).
16C.05.44.080 Permit – Expiration and Cancellation.
If the work described in any permit has not begun within one hundred eighty days from the date of issuance thereof, the permit shall expire and be canceled by the chief building official.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.080), 2007).
16C.05.44.090 Performance Bonds.
(1) The county may require bonds in such form and amounts as may be deemed necessary to assure that the work shall be completed in accordance with approvals under Chapters 16C.05.20 through 16C.05.72. Bonds, if required, shall be furnished by the property owner, or other person or agent in control of the property.
(2) In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the department in an amount equal to that which would be required in the surety bond.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.090), 2007).
16C.05.44.100 Appeals.
The decision to grant, grant with conditions or deny a flood hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to the procedure established for appeals in Chapter 16C.03.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.100), 2007).
16C.05.44.110 Coordination.
Upon application, the Chief Building Official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in Chapters 16C.05.20 through 16C.05.72 and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of this title.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.110), 2007).