Chapter 16C.05.44
FLOOD HAZARD PROTECTION ADMINISTRATION

Sections:

16C.05.44.010    Administration.

16C.05.44.020    Authority.

16C.05.44.030    Permit – Required.

16C.05.44.040    Permit – Application.

16C.05.44.050    Permit – Review.

16C.05.44.060    Use of Available Data.

16C.05.44.070    Limitations.

16C.05.44.080    Permit – Expiration and Cancellation.

16C.05.44.090    Performance Bonds.

16C.05.44.100    Appeals.

16C.05.44.110    Coordination.

16C.05.44.010 Administration.

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.

(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. 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 development within a special flood hazard area a flood hazard permit shall be obtained. This permit may be in addition to the critical area development authorization as set forth in Chapter 16C.03 of this title.

(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)    Information required by other sections of Chapters 16C.05.20 through 16C.05.72.

(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.

Flood hazard permit applications will be reviewed 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.

(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.05.44.060 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 county 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 (Floodway Prohibited Uses) and Chapter 16C.04 (Enforcement and Penalties). For flood hazard areas without elevations from FIRMs, they shall be determined for proposed structures by the flood official as the greater of the ground elevation at the flood map extent or the maximum ground elevation plus two feet at the proposed structure footprint.

(Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.060), 2007).

16C.05.44.070 Limitations.

Permits issued on the basis of plans and applications approved by the administrative official 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. 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. 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. 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. 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. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.05.44.110), 2007).