14.04.720 Administration.
A. Special Flood Hazard Area Permit. A special flood hazard area permit shall be obtained before construction or development begins within any area of special flood hazard as defined by this chapter. The permit shall be for all structures, including manufactured homes, and for any and all other development/redevelopment in the special flood hazard area, including tenant improvements, fill, and other activities. This requirement for a special flood hazard permit is separate from and in addition to any other required permits, including a critical areas alteration permit under this chapter.
B. Designation of the Local Floodplain Administrator. The public works director is hereby appointed to administer, implement, and enforce this article, including by granting or denying special flood hazard area permits in accordance with the provisions of this article. The floodplain administrator may delegate authority to implement these provisions.
C. Duties and Responsibilities of the Local Floodplain Administrator. Duties of the local floodplain administrator shall include, but not be limited to:
1. Permit Review.
a. Review all permit applications within areas of special flood hazard to determine that the requirements of this chapter and this section have been satisfied;
b. Review all permit applications within areas of special flood hazard 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 permit applications within areas of special flood hazard to determine if the proposed development is not located in the floodway. If located in the floodway, assure that the encroachment provisions of BMC 14.04.760(A)(3)(a) are met;
d. Review all permit applications within areas of special flood hazard to determine if the site is reasonably safe from flooding; and
e. In newly annexed areas, ensure that FEMA was notified that an annexation occurred in the special flood hazard area, as required by subsection (C)(3) of this section.
f. In areas with BFEs (when a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within A and AE zones 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.
2. Use of Other Base Flood Data.
a. When base flood elevation data has not been provided or is not available in accordance with BMC 14.04.700, the local flood management 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 and fulfill the administrator’s duties and responsibilities under this article.
b. Review of Development Permits. Where base flood elevation data has not been provided or is not available either through the FIS or FIRM or from another authoritative source as described in subsection (C)(2)(a) of this section, applications for floodplain development permits 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 at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.
3. Annexation.
a. Notify FEMA when annexations occur in the special flood hazard area.
D. Application for Special Flood Hazard Area Permits. Application for a special flood hazard area 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; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required, at minimum:
1. 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;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. 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 BMC 14.04.760(A)(3)(h);
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;
5. Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and
6. Any other such information that may be reasonably required by the floodplain administrator in order to review the application. (Ord. 2315 § 15, 2020; Ord. 1946 § 3, 2005).