The community development director of the city shall be the floodplain administrator and shall administer, implement, and enforce the provisions of this chapter, and shall have the authority to grant or deny flood improvement permits in accordance with its provisions. The community development director may delegate authority to implement these provisions to the building official or other city official.
(Ord. 1237 § 1, 2020)
A. 
Prohibition. No land within the areas of special flood hazard shall hereafter be subdivided, short platted or have its lot lines adjusted; nor be improved, filled, graded or cleared; nor shall any structure, including a manufactured home, be constructed, reconstructed, substantially improved, relocated or erected, nor shall any other development, as defined above, be commenced upon such land, unless the person responsible therefor shall first obtain a development permit for such action, to be known as a flood improvement permit.
B. 
Permit Application. Application for a development permit shall be made on forms as prescribed 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 for which application is made, and existing or proposed structures, fill, storage of materials, drainage facilities and their locations. The following information and documents shall be required:
1. 
The name and address of the applicant;
2. 
The name and address of the legal owner;
3. 
The legal description of the property;
4. 
The nature of the proposed action;
5. 
A statement as to the proposed use of any structure;
6. 
A statement as to whether the proposed action is temporary or permanent;
7. 
The elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
8. 
The elevation in relation to mean sea level to which any structure has been floodproofed;
9. 
The certification of registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of this chapter;
10. 
A description of the extent to which a watercourse will be altered or relocated as a result of the proposed development;
11. 
Where development is proposed in a floodway, an engineering analysis indicating no net rise of the base flood elevation;
12. 
Any other information that may be reasonably required by the floodplain administrator in order to review the application; and
13. 
A floodplain habitat assessment and mitigation plan may be required unless the floodplain administrator makes and documents a determination of no adverse effect on any species listed under the Endangered Species Act. The habitat assessment and mitigation plan shall be prepared at the applicant's sole expense by a qualified consultant in accordance with the requirements of the Floodplain Habitat Assessment and Mitigation Draft Regional Guidance 2011 prepared by FEMA Region X, or any successor guidance document approved by FEMA for habitat assessment and mitigation. The city's actual costs of review of applicant's habitat assessment and mitigation plan shall be paid by the applicant.
C. 
Permits May Be Conditioned or Denied. All proposals shall be reviewed for and may be denied or conditioned upon their effect upon their compliance with the requirements of this chapter, including but not limited to their effect upon storage and conveyance of floodwaters.
D. 
Permit Fees. The fees for processing flood improvement permit applications shall be as established by resolution of city council.
E. 
Hazards and Emergencies.
1. 
The floodplain administrator may temporarily waive the requirement to obtain a permit under this chapter if they determine that a hazard and/or emergency that threatens the public health, safety and welfare has occurred or is occurring. Waiver of the requirement to obtain a permit shall not waive the requirement to comply with any other provision of this chapter, except that the floodplain administrator may allow abatement of an emergency in a manner not otherwise allowed by this chapter, provided such abatement is removed, replaced, or otherwise modified to be in conformance with the provisions of this chapter within a reasonable time as determined by the floodplain administrator, not to exceed one year.
2. 
The floodplain administrator shall require a permit once they have determined that the hazard and/or emergency is no longer occurring, or that the circumstances which lead to the hazard or emergency have sufficiently abated to minimize the hazard or end the emergency.
3. 
The floodplain administrator shall transmit a report to the mayor and city council detailing any and all activity authorized under this section within 30 days of the termination of the hazard and/or emergency; or if the emergency extends for a period in excess of 30 days, then the floodplain administrator shall transmit a report every 30 days for the duration of the emergency.
4. 
Determination of Hazard or Emergency.
a. 
For the purposes of this chapter, and except as provided by this section, determinations of a hazard and/or emergency are at the discretion of the floodplain administrator, in consultation with the emergency management director, city administrator, and mayor.
b. 
The declaration of an emergency by the mayor under Chapter 2.48 SMC shall constitute a hazard and/or emergency under this chapter.
(Ord. 1237 § 1, 2020)
Duties of the floodplain administrator shall include but not be limited to the following:
A. 
Permit Review. Review all development permits to determine that:
1. 
The permit requirements of this chapter have been satisfied;
2. 
All other required state and federal permits have been obtained;
3. 
The site is reasonably safe from flooding;
4. 
The proposed development is not located in the floodway. If located in the floodway, ensure the encroachment provisions of this chapter are met;
5. 
Base flood elevation data is available for the site of the proposed development. If base flood information is not available, ensure base flood elevation is determined or alternative base flood data is provided per subsection B of this section; and
6. 
FEMA is notified when annexations occur in the special flood hazard area.
B. 
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with SMC § 15.12.050(B), 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 the provisions of SMC § 15.12.160, Specific standards, and SMC § 15.12.170, Floodways.
C. 
Information to Be Obtained and Maintained. The floodplain administrator shall obtain, record and maintain for public inspection the following information:
1. 
Where base flood elevation date is provided through a flood insurance study (FIS), FIRM, or as required by SMC § 15.12.050(B), 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;
2. 
For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required by SMC § 15.12.050(B):
a. 
Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed;
b. 
Maintain the floodproofing certifications required by this chapter;
3. 
Certification required by SMC § 15.12.170 regarding floodway encroachments;
4. 
Records of all variance actions, including justification for their issuance;
5. 
Improvement and damage calculations; and
6. 
All other records pertaining to the provisions of this chapter.
D. 
Alteration of Watercourses. With respect to any alteration or relocation of a watercourse, the floodplain administrator shall:
1. 
Notify adjacent communities and the Washington State Department of Ecology prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator; and
2. 
Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
E. 
Interpretation of FIRM Boundaries. The floodplain administrator shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard; for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted when consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76) as the same now exist or may hereafter be amended.
F. 
Inspections and Right of Entry.
1. 
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the floodplain administrator or designee has reasonable cause to believe that there exists in any building or upon any lands any condition or violation of this chapter, the floodplain administrator or designee may enter such building or lands at all reasonable times to inspect the same or to perform any duty imposed on the floodplain administrator by this chapter, provided, that if such building or lands be occupied, they shall first identify themselves and request entry; and if such building or lands is unoccupied, they shall first make a reasonable effort to locate the owner or person having control of the building or lands and request entry. If such entry is refused, the floodplain administrator or designee shall have recourse to every remedy provided by law to secure entry.
2. 
No owner or occupant or any other person having charge, care or control of any building or lands shall fail or neglect, after proper request, to promptly permit entry by the floodplain administrator or designee for the purposes authorized above.
(Ord. 1237 § 1, 2020)
A. 
Purpose. The variance provision is provided to property owners who, due to the strict application of standards set forth in this chapter, and/or due to unique circumstances regarding the subject property, are deprived of privilege commonly enjoyed by other properties in the same vicinity and flood area and under the same flood regulation; provided, however, the fact that surrounding properties have been developed under regulations in force prior to the adoption of this code shall not be the sole basis for the granting of a variance.
B. 
Intent. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the city of Snoqualmie to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from the flood elevation or from other requirements in the flood hazard regulations are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance criteria provided in this section are very detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
C. 
The hearing examiner of the city shall hear and decide requests for variances from the requirements of this chapter.
D. 
Variances from the strict application of this chapter may be granted only upon full consideration of the matters set forth in subsections E and F of this section. No variance may be granted from the requirements of SMC § 15.12.160(A) or (B) or SMC § 15.12.170(B), and no variance may be granted to any requirement in this chapter to elevate a structure, mechanical equipment, or other development.
E. 
Variance Criteria.
1. 
Variance shall only be issued if the hearing examiner finds on the basis of clear and convincing evidence that:
a. 
A showing of good and sufficient cause has been made;
b. 
Failure to grant the variance would result in exceptional hardship to the applicant; and
c. 
Granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense or nuisance, or conflict with any other existing local laws or ordinances.
2. 
Variances may be issued for the reconstruction, repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places or a comparable state inventory of historic places, without regard for the procedures set forth in this section.
3. 
Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
4. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 
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, providing the provisions of subsection F of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
F. 
In passing upon such applications, the hearing examiner shall consider all technical evaluations, relevant factors, standards specified in other sections of this chapter, and the following:
1. 
The danger that materials may be swept onto other lands to the injury of others;
2. 
The danger to life and property due to flooding or erosion damage;
3. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. 
The importance of the services provided by the proposed facility to the community;
5. 
The necessity to the facility of a waterfront location, if applicable;
6. 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. 
The compatibility of the proposed use with existing and anticipated development;
8. 
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. 
The expected heights, velocities, duration, rate of rise and sediment transport of the floodwaters expected at the site; and
11. 
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.
G. 
Upon consideration of the factors specified in subsections E and F of this section and the purposes of this chapter, the hearing examiner may approve, approve with conditions such as it deems necessary to further the purposes of this chapter, or deny the request.
H. 
The floodplain administrator shall maintain records of all appeal actions and report any variances to the Federal Insurance Administrator upon request.
I. 
Any applicant to whom a variance is granted shall be given a 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 increased risk resulting therefrom. All risk of damage or loss not covered by flood insurance occurring as a result of such variance permitting a reduction in the required elevation for the lowest floor shall be borne solely by the applicant.
J. 
Appeals. See SMC § 15.12.190(B).
(Ord. 1237 § 1, 2020)
A. 
If a project will alter the BFE or boundaries of the SFHA, then the project proponent (applicant) shall provide 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.
(Ord. 1237 § 1, 2020)