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40.420.030 Administration
A. Establishment of Flood Hazard Review.
A review shall be obtained before construction or development begins within any flood hazard area established in Section 40.420.010(B)(1). The review shall be for all structures and development as set forth in the Section 40.100.070.
(Amended: Ord. 2005-04-15)
B. Application for a flood hazard review shall be made to the responsible official, who shall be responsible for administering this chapter. Flood hazard review application forms shall be furnished by the responsible official. The application shall include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, and existing or proposed structures, fill, storage of materials, and drainage facilities. Specifically, the following information is required:
1. Elevation, in relation to mean sea level as determined by the National Geodetic Vertical Datum (NGVD) of 1929, of the lowest floor (including basement) of all structures;
2. Elevation, in relation to NGVD of 1929, to which any structure has been floodproofed;
3. Certification by a registered professional engineer that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 40.420.020(B)(2); and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Amended: Ord. 2005-04-15)
C. Responsibilities of the Responsible Official.
1. Proposed Development Review.
a. Review all proposed developments to determine whether or not a flood hazard review is required.
b. Review all proposed developments with respect to the Flood Insurance Study Maps and zoning district boundaries. Make interpretations, where needed, as to the exact location of flood hazard area boundaries.
2. The responsible official shall immediately forward the flood hazard review application to the Public Works director, who shall be responsible for all technical aspects of the application, review, and enforcement of this chapter. The Public Works director shall render a decision on the proposal within thirty (30) days after receiving the application unless additional information is needed from the applicant, in which case a decision shall be made within thirty (30) days after receiving the information necessary to complete the review.
3. Flood Hazard Review.
a. Inform applicants about other federal, state or local permits or reviews that may be required, and provide related advice to the applicant or the Public Works director.
b. Accept and immediately forward flood hazard review applications to the Public Works director.
c. Make written recommendations on flood hazard review applications within the review period, when determined to be appropriate or requested by the Public Works director.
(Amended: Ord. 2005-04-15)
D. Responsibilities of the Public Works Director.
1. Flood Hazard Review.
a. Review all proposals to determine that the requirements of this chapter have been satisfied.
b. Review all proposals to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
c. Review all proposals to determine whether the proposed development is located in a floodway area. If located in a floodway area, assure that the encroachment provisions of Section 40.420.020(B)(3) are met.
2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 40.420.010(B)(2), the Public Works director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from an agency of federal or state government, or other sources, in order to enforce Sections 40.420.020(B)(2)and (3).
3. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the flood insurance study or required as in Section 40.420.030(D)(2), obtain and record the actual elevation (in relation to NGVD of 1929) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
b. For all new or substantially improved floodproofed structures, verify and record the actual elevation (in relation to NGVD of 1929) to which the structure was floodproofed, and maintain the floodproofing certifications required in Section 40.420.030(B)(3).
c. Maintain for public inspection all records pertaining to the provisions of this chapter.
d. Alteration of Watercourses.
(1) Notify adjacent communities and the Washington Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
e. Granting of flood hazard variances in accordance with Section 40.420.030(E).
(Amended: Ord. 2005-04-15)
E. Conditions for Variance.
1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot on one-half (1/2) acre or less in size, abutting and surrounded by lots with existing structures constructed below the base flood level; provided, that the items in Section 40.420.030(F)(1) have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
2. 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 section.
3. Variances shall only be issued upon a showing of good and sufficient cause that:
a. The proposal has been designed to reasonably minimize the impact on the floodplain and its functions; and
b. No increase in flood levels during the base flood discharge would result; and
c. The variance is the minimum necessary, considering the flood hazard, to afford relief; and
d. Failure to grant the variance would result in exceptional hardship to the applicant; and
e. The hardship is not created by the property owner or his or her immediate predecessor in the title; and
f. The granting of a variance will not result on increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 40.420.030(F), nor conflict with existing local laws or ordinances.
4. Variances, as interpreted in the National Flood Insurance Program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
5. 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 except Section 40.420.030(D)(1), and otherwise complies with Sections 40.420.020(B)(1)(a) and (b).
6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the significantly increased risk resulting from the reduced lowest floor elevation.
7. The Public Works director shall report any variances to the Federal Emergency Management Agency upon request.
(Amended: Ord. 2005-04-15)
F. Appeals.
Administrative decisions rendered by the responsible official or the Public Works director are subject to appeal according to Section 40.510.020(H).
1. In acting on appeals, the hearing examiner shall consider all technical evaluations, all relevant factors, and 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. 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 necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
g. The 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. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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
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.
2. Upon consideration of the factors of Section 40.420.030(F)(1) and the purposes of this chapter, the hearing examiner may attach such conditions to actions on appeals as it deems necessary to further the purpose of this chapter.
3. The responsible official shall maintain the records of all appeal actions.
(Amended: Ord. 2005-04-15)
G. Federal Flood Insurance Program.
1. Established. The board assures the Federal Insurance Administration that it will take further legislative action needed to meet the requirements of Sections 1910.3 and 1910.4 of the National Flood Insurance Regulations and will take such other appropriate official actions as may be reasonably necessary to carry out the objectives of the program. Such actions will include but not be limited to:
a. Delineation of the limits of areas with special flood and/or mudslide hazards on adequate maps of sufficient scale to identify the location of building sites;
b. Providing such information as the administrator may request concerning present uses and occupancy of flood hazard and/or mudslide area;
c. Maintaining for public inspection and furnishing upon request, with respect to each flood hazard, information on elevations (in relation to mean sea level) of the lowest floors of all new or substantially improved structures and, where there is a basement, the distance between the first floor and the bottom of the lowest opening where water flowing on the ground will enter; and
d. Providing the name of the individual and the office that will be responsible for furnishing the first floor elevation information;
e. Cooperating with Federal, state and local agencies and private firms which undertake to study, survey, map, and identify flood hazard or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood hazard and/or mudslide areas in order to prevent aggravation of existing hazards.
2. Administrative Authority. The board appoints the Public Works director with the responsibility, authority and means to submit on the anniversary date of the community’s initial eligibility, an annual report to the administrator on the progress made during the past year within the county in the development and implementation of flood hazard and/or mudslide area management measures and to implement all other commitments made herein.
3. Certification of Eligibility. The Public Works director is authorized to file with the administrator of the National Flood Insurance Program such materials as are necessary for certification of eligibility to permit areas of Clark County, Washington, to secure flood insurance under the Federal program.
(Amended: Ord. 2005-04-15)