HomeMy WebLinkAbout2854 Flood Damage Prevention
Ordinance No. 2854
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTER 16.08, FLOOD DAMAGE PREVENTION, OF THE PORT
TOWNSEND MUNICIPAL CODE RELATING TO MAP AMENDMENTS,
DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL;
MANUFACTURED HOMES AND RECREATIONAL VEHICLES
WHEREAS, the Flood Management section of the Shorelines and Environmental
Assistance Program of the state Department of Ecology has recommended revisions to the Port
Townsend Municipal Code, Chapter 16.08, Flood Damage Prevention, to clarify and update
certain provisions to ensure the City's Flood Damage Protection regulations are compliant
with federal and state regulations and standards; and
WHEREAS, the City Council determines it appropriate to follow the recommendations
of the Department of Ecology.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Amendment. Chapter 16.08, Flood Damage Prevention, Section
16.08.070, Basis for Establishing the Areas of Special Flood Hazard, of the Port Townsend
Municipal Code, is hereby amended to read as follows (underline is new; strike is deleted):
16.08.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in
a scientific and engineering report entitled "The Flood Insurance Study for the City of
Port Townsend" dated September 15, 1981 with accompanying Flood Insurance Maps
and any revisions thereto is hereby adopted by reference and declared to be a part of
this chapter. The Flood Insurance Study is on file with at the City Clerk at the Office
of the City Administration Hall, 510 Water Street.
SECTION 2. Amendment. Chapter 16.08, Flood Damage Prevention, Section
16.08.150, Duties and responsibilities of the building official, of the Port Townsend Municipal
Code, is hereby amended to read as follows (underline is new; strike is deleted):
16.08.150 Duties and responsibilities of the building official.
Duties of the building official shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit requirements of this
chapter have been satisfied;
2. Review all development permits to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior
approval is required;
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3. Review all development permits to determine if the proposed development is located
in the floodway. If located in the floodway, assure that the provisions of PTMC
16.08.180 are met.
B. Use of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with PTMC 16.08.070, the building official 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 PTMC 16.08.170 and
16.08.180.
C. Information to be Obtained and Maintained.
1. Where base flood elevation data is provided through the Flood Insurance Study or
required as in subsection B of this section, obtain and record 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 structures:
a. Verify and record the actual elevation (in relation to mean sea level) to which the
structure was floodproofed; and
b. Maintain the floodproofing certifications required in PTMC 16.08.130C.
3. Maintain for public inspection all records pertaining to the provisions of this
chapter.
D. Alteration of Watercourses.
1. Notify adjacent communities and the Washington State Department of Ecology prior
to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration.
2. Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
E. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact
location of the boundaries of the areas of special flood hazards (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 appeal shall be granted consistent with
the standards of Section 60.6 of rules and regulations of the National Flood Insurance
Program (44 CFR 59-76). (Ord. 2161 § 4.3, 1989).
SECTION 3. Amendment. Chapter 16.08, Flood Damage Prevention, Section
16.08.170, Specific standards, of the Port Townsend Municipal Code, is hereby amended to
read as follows (underline is new; strike is deleted):
16.08.170 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided
as set forth in PTMC 16.08.070 or 16.08.150B, the following provisions are required:
A. Residential Construction.
1. New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated one foot or more above base flood
elevation.
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2. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
B. Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest
floor, including basement, elevated one foot or more above the level of the base flood
elevation; or, together with attendant utility and sanitary facilities, shall:
1. Be floodproofed so that below one foot above the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
official as set forth in PTMC 16.08.150c.2;
4. Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection A.2 of this
section;
5. Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the floodproofed
level (e.g., a building floodproofed to one foot above the base flood level will be rated
as at the base flood level).
C. Critical Facility. Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the base floodplain. Construction of new critical
facilities shall be permissible within the base floodplain if no feasible alternative site is
available. Critical facilities constructed within the base floodplain shall have the lowest
floor elevated to three feet or more above the level of the base flood elevation at the
site. Floodproofing and sealing measures must be taken to ensure that toxic substances
will not be displaced by or released into floodwaters. Access routes elevated to or
above the level of the base floodplain shall be provided to all critical facilities to the
extent possible.
D. Manufactured Homes. All manufactured homes to be placed or substantially
improved within the mapped one-hundred year floodplain Zones Al 30-, AH, and AE
on the community's FIRM shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is one foot or more above the base flood
elevation; and be securely anchored to an adequately anchored foundation system in
accordance with the provisions of PTMC 16.08. 160A.2. This paragraph applies to
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Ordinance 2854
manufactured homes to be placed or substantially improved in an expansion to an
existing manufactured home park or subdivision. This paragraph does not apply to
manufactured homes to be placed or substantially improved in an existing manufactured
home park or subdivision except where the repair, reconstruction, or improvement of
the streets, utilities and pads equals or exceeds 50 percent of the valuc of the streets,
utilities and pads before the repair, reconstruction or improvement has-commenced.
(Ord. 2161 § 5.2, 1989).
SECTION 4. New Section. There is hereby adopted and added to the Port Townsend
Municipal Code, Chapter 16.08, Flood Damage Prevention, a new Section 16.08.175, to read
as follows (underline is new; strike is deleted):
Section 16.08.175 Recreational Vehicles
Recreational vehicles placed on sites are required to either:
A. Be on the site for fewer than 180 consecutive days;
B. Be fully licensed and ready for highway use, on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices,
and has no permanently attached additions; or
Meet the requirements of section 16.08.170 (D) pertaining to requirements for
manufactured homes, including the elevation and anchoring requirements.
C.
SECTION 5. Amendment. Chapter 16.08, Flood Damage Prevention, Section
16.08.050, Definitions, of the Port Townsend Municipal Code, is hereby amended to add a
new paragraph, to be codified in section 16.08.050 in alphabetical order, with numbering of
existing paragraphs re-numbered accordingly, to read as follows (underline is new; strike is
deleted):
"RECREATIONAL VEHICLE" means a vehicle which is:
A. Built on a single chassis~
B. 400 square feet or less when measured at the largest horizontal projection;
C. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational. camping, travel, or seasonal use.
SECTION 6. Repeal. Chapter 16.08, Flood Damage Prevention, Section 16.08.180,
Floodways, which reads as follows, is hereby repealed:
16.08.180 Floodways.
Located within areas of special flood hazard established in PTMC 16.08.070 are areas
designated as floodways. Since the floodway is an cxtremely hazardous area due to the
velocity of floodwaters which carry debris, potential projectiles, and erosion potential,
the following provisions apply.
A. Prohibit encroachments, including fill, new construction, substantial improvements,
and other development unless certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall not result in any incrense
in flood levels during the occurrence of the base flood discharge.
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Ordinance 2854
B. Construction or reconstruction of residential structures is prohibited within
designated floodways, except for (a) repairs, reconstruction, or improvements to a
structure which do not increase the ground floor area; and (b) repairs, reconstruction or
improvements to a structure, the cost of which does not exceed 50 percent of the
market value of the- structure either, (i) before the repair, re£onstruction, or repair is
started, or (ii) if the structure has been damaged, and is being restored, before the
damage occurred. Work done on structures to comply with existing health, sanitary, or
safety codes or to structures identified as historic places shall not be included in the 50
percent.
C. If subsection A of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this
article. (Ord. 2161 § 5.3, 1989).
SECTION 7. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this twenty-ninth day of March, 2004.
f ~'~2" ~
Catharine Robinson, Mayor
Attest:
Approved as to Form:
G arr,L~ o-J n.á ,,-
Pamela Kolacy, C~, ¿Iit~
~~
John P. Watts, City Attorney
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Ordinance 2854