19.30.080 Administration.
A. Establishment of Development Permit.
1. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in EMC 19.30.030. The permit shall be for all structures, including manufactured homes, as set forth in EMC 19.30.400, Definitions, and for all development, including fill and other activities, also as set forth in EMC 19.30.400, Definitions.
2. Application for Development Permit. Application for a development permit shall be made on forms furnished by the floodplain administrator 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, and existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
a. 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;
b. Elevation in relation to mean sea level to which any structure has been floodproofed;
c. Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in EMC 19.30.090.B.2;
d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;
e. Where a structure is proposed in a VE zone, a V-zone design certificate;
f. Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and
g. Any other such information that may be reasonably required by the floodplain administrator in order to review the application.
B. Designation of the Floodplain Administrator. The planning director is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The planning director may delegate authority to implement these provisions.
C. Duties and Responsibilities of the Floodplain Administrator.
1. Duties of the floodplain administrator shall include, but not be limited to, the review of all development permits to determine that:
a. The permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have been obtained;
c. The site is reasonably safe from flooding;
d. The proposed development is not located in the floodway. If located in the floodway, assure the encroachment provisions of EMC 19.30.090.D.1 (No Rise Standard) are met;
e. Notify FEMA when annexations occur in the special flood hazard area.
2. Use of Other Base Flood Data (In A and V Zones). When base flood elevation data has not been provided (in A or V zones) in accordance with EMC 19.30.030, Basis for establishing the areas of special flood hazard, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source in order to administer EMC 19.30.090.B, Specific Standards, and 19.30.090.D, Floodways.
3. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the FIS, FIRM, or required as in subsection C.2 of this section, obtain and maintain a record of the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
b. Obtain and maintain documentation of the elevation of the bottom of the lowest horizontal structural member in V or VE zones.
c. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection C.2 of this section.
(1) Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed.
(2) Maintain the floodproofing certifications required in subsection A.2.c of this section.
d. Certification required by EMC 19.30.090.D.1 (No Rise Standard).
e. Records of all variance actions, including justification for their issuance.
f. Improvement and damage calculations.
g. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Alteration of Watercourse. Whenever a watercourse is to be altered or relocated:
a. Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means;
b. Assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
5. Review of Building Permits. Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (subsection C.3 of this section), 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.
6. Changes to Special Flood Hazard Area.
a. If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally require a letter of map change, then the project proponent shall initiate, and receive approval of, a conditional letter of map revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR.
b. If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation package to the floodplain administrator to be attached to the floodplain development permit, including all required property owner notifications.
D. Enforcement. The provisions of this chapter shall be enforced pursuant to EMC 19.41.030 and Chapter 1.20 EMC. (Ord. 3766-20 § 9 (Exh. A), 2020.)