The city administrator, or designee, is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions.
(Ord. 1082 § 1.8, 2022)
Duties of the floodplain administrator, or their designee, shall include, but not be limited to:
A. 
Permit Review. Review all development permits to determine that:
1. 
The permit requirements of this chapter have been satisfied;
2. 
All other required local, state, and federal permits have been obtained and approved;
3. 
Review all development permits to determine if the proposed development is located in a floodway. If located in the floodway assure that the floodway provisions of RMC § 18.120.180(D) are met; and
4. 
Review all development permits to determine if the proposed development is located in an area where base flood elevation (BFE) data is available either through the flood insurance study (FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of RMC § 18.120.170(G); and
5. 
Provide to building officials the base flood elevation (BFE) with an additional two feet of freeboard height applicable to any building requiring a development permit;
6. 
Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in RMC § 18.120.050;
7. 
Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in RMC § 18.120.170(A);
8. 
Review all development permits to determine if the proposed development activity includes the placement of fill or excavation.
B. 
Information to Be Obtained and Maintained. The following information shall be obtained and maintained and shall be made available for public inspection as needed:
1. 
Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where base flood elevation (BFE) data is provided through the flood insurance study (FIS), flood insurance rate map (FIRM), or obtained in accordance with RMC § 18.120.170(G).
2. 
Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of RMC § 18.120.180(D), 5.3.1(F), 4.2.1(B) are adhered to.
3. 
Upon placement of the lowest floor of a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement).
4. 
Where base flood elevation data are utilized, obtain as-built certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to the final inspection.
5. 
Maintain all elevation certificates (EC) submitted to the community.
6. 
Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where allowed under this chapter and where base flood elevation (BFE) data is provided through the FIS, FIRM, or obtained in accordance with RMC § 18.120.170(G).
7. 
Maintain all floodproofing certificates required under this chapter.
8. 
Record and maintain all variance actions, including justification for their issuance.
9. 
Obtain and maintain all hydrologic and hydraulic analyses performed as required under RMC § 18.120.180(D).
10. 
Record and maintain all substantial improvement and substantial damage calculations and determinations as required under RMC § 18.120.140(D).
11. 
Maintain for public inspection all records pertaining to the provisions of this chapter.
C. 
Requirement to Notify Other Entities and Submit New Technical Data.
1. 
Community Boundary Alterations. The floodplain administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area, to ensure that all flood hazard boundary maps (FHBM) and flood insurance rate maps (FIRM) accurately represent the community's boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.
2. 
Watercourse Alterations. Notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. This notification shall be provided by the applicant to the Federal Insurance Administration as a letter of map revision (LOMR) along with either:
a. 
A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or
b. 
Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance.
The applicant shall be required to submit a conditional letter of map revision (CLOMR) when required under subsection (C)(3) of this section. Ensure compliance with all applicable requirements in subsection (C)(3) of this section and RMC § 18.120.170(A).
3. 
Requirement to Submit New Technical Data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR Section 65.3. The community may require the applicant to submit such data and review fees required for compliance with this section through the applicable FEMA letter of map change (LOMC) process.
The floodplain administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:
a. 
Proposed floodway encroachments that increase the base flood elevation; and
b. 
Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
An applicant shall notify FEMA within six months of project completion when an applicant has obtained a conditional letter of map revision (CLOMR) from FEMA. This notification to FEMA shall be provided as a letter of map revision (LOMR).
D. 
Substantial Improvement and Substantial Damage Assessments and Determinations. Conduct substantial improvement (SI) (as defined in RMC § 18.120.050) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with subsection B of this section. Conduct substantial damage (SD) (as defined in RMC § 18.120.050) assessments when structures are damaged due to a natural hazard event or other causes. Make SD determinations whenever structures within the special flood hazard area (as established in RMC § 18.120.070) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(Ord. 1082 § 1.9, 2022)
A. 
Floodplain Development Permit Required. A development permit shall be obtained before construction or development begins within any area horizontally within the special flood hazard area established in RMC § 18.120.070. The development permit shall be required for all structures, including manufactured dwellings, and for all other development, as defined in RMC § 18.120.050, including fill and other development activities.
B. 
Application for Development Permit. Application for a development permit may 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:
1. 
In riverine flood zones, the proposed elevation (in relation to mean sea level), of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures; in accordance with the requirements of RMC § 18.120.140(B).
2. 
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
3. 
Certification by a registered professional engineer or architect licensed in the state of Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing criteria for nonresidential structures in RMC § 18.120.180(C)(3).
4. 
Description of the extent to which any watercourse will be altered or relocated.
5. 
Base flood elevation data for subdivision proposals or other development when required per RMC § 18.120.140(A) and § 18.120.170(F).
6. 
Substantial improvement calculation for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure.
7. 
The amount and location of any fill or excavation activities proposed.
(Ord. 1082 § 1.10, 2022)
The issuance of a variance is for floodplain management purposes only. Flood insurance premium rates are determined by federal statute according to actuarial risk and will not be modified by the granting of a variance.
A. 
Conditions for Variances.
1. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of subsections (A)(3) and (4) and B of this section. As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases.
2. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
3. 
Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.
4. 
Variances shall only be issued upon:
a. 
A showing of good and sufficient cause;
b. 
A determination that failure to grant the variance would result in exceptional hardship to the applicant;
c. 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
5. 
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the criteria of subsections (A)(2) through (4) of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
B. 
Variance Notification. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification and a record of all variance actions, including justification for their issuance, shall be maintained in accordance with RMC § 18.120.140(B).
(Ord. 1082 § 1.11, 2022)