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HomeMy WebLinkAbout1908 Flood Damage Prevention ORDINANCE NO. 1908 FLOOD DAMAGE PREVENTION ~ THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES 1.1 STATUTORY AUTHORIZATION 1.2 The Legislature of the State of Washington has in R~ 86-16 delegated the responsibility to local governmental units to adopt regulations designed to promote the Public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Port Townsend, Washington, does ordain as follows: FINDINGS OF FACT (1) The flood hazard areas of the City of Port Townsend are subject to-periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extra- ordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 1.3 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, Safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which help accomodate or channel flood waters; (4) Control filling, grading, dredging, and other develop- ment which may increase flood damage; and, (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable apPlication. "APPEAL" means a request for a review of the City Engineer's interpretation of any provision of this ordinance or a request for a variance. "AREA OF SHALLOW FLOODINGS' means a designated AO or AH Zone on the Flood--I~rance ~ate Map (FIRM). The base flood depths range from one to three feet; a clearly definded channel does not exist; the path of'flooding is unpredictable and indeterminate; and, velocity flow may be evident. "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain Within a community Subject to a one percent or greater chance of flooding in any given year. -1- "BASE FLOOD" means, the flood having a one percent chance of being equalled or exceeded in any given year. "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means a Parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to. be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets: is completed before the effective date of this ordinance. "EXPANSION.TO AN EXISTING MOBILE HOME PARK OR MOBILEiHOME:~UBDIVISON'' means the preP~ration'.of"additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). "FLOOD" or"FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow or inland or tidal waters and/or (2) The unusual and rapid'accumulation of runoff'of surface waters from any source. ~ "FLOOD INSURANCE RATE MAP" (FIPd~) means the official map on which tne Federal InSurance Admihis~ration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "HABITABLE FLOOR" means any floor usuable for living purposes, which includes working, sleeping, eating, cooking or ~recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". "MOBILE HOME" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "NEW CONSTRUCTION" means structures for which the "start of con- struction'' commenced on or after the effective date of this ordinance. "N~ MOBILE HOME P~_RK OR MOBILE HOME SUBDIVISION" means a parcel (or contiguous parce£s) o~ land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (inCluding, at a minimum, the installation of ~tilities, either final site grading or the-~6-uring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. "START OF CONSTRUCTION" means the first placement of permanent construction of a structure (other than ~ mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does -2- it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of' construction" mean~ the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction"~ is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "STRUCTURE!' means a walled and roofed building or mobile home that is principally above ground. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or'exceeds 50 percent of the market value of the structure either: (1) before the improvement 0r rePair is~startedf or (2) if the structure has been damaged and is being restored, before the damage occured. For purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are~soley necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "VARIANCE" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. SECTION 3.0 GENERAL PROVISIONS 3.1 3.2 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Port Townsend. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance A~ministration 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 is hereby ad. opted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at 540 Water St. 3.3 COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. 3.4 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair 3.5 3.6 4.1 4.2 4.2.1 4.2.2 any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, ease- ment, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. INTERPreTATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of governing.body; and, (3) Deemed neither to limit nor repeal any other powers granted under state statutes. WARNING AND DISCLAIMER OF LIABILITY The dggree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Port Townsend, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION DESIGNATION OF THE CITY ENGINEER The City Engineer is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER Duties of the City Engineer shall include, but not be limited to: Permit Review (1) Review all,development permits to determine that the permit requirements of this ordinance 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. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.3(1) are met. Information To Be obtained And'Maintained (1) Obtain and record the actual elevation (i~ relation to mean sea level) of the lowest habitable flo~r ~including basement) of all new or substantially improved structures, and ~hether or not the structure contains a basement. (2) For all new or'substantially improved floodproofed structures: (i) verify and record the actual~ elevation (in relation to mean sea level), and (ii) maintain the floodproofing certifications required in Section 4.1(3). (3) Maintain for public inspection all records pertaining to the provisions of this ~-rdinance. 4.2.3 4.4 4.4.1 5.1 5.1.1 5.1.2 5.1.3 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 as provided in Section 4.4. VARIANCE PROCEDURE (OPTIONAL) Variances. will be issued in accordance with federal guide- lines found at 60.6 of the regulations. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD PROTECTION GENERAL STANDARDS In all areas of special flood hazards the following standards are required: Anchoring (1) (2) (3) All'newconstruction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. All mobile homes shall be anchored to resist flotation, .collapse, or lateral'movement, by providing over-the- top and 'fram. e ties to'ground 'anchors. Specific re- quirements shall be that: (i) over-the-top ties be provided at each of the ,four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile'homes less than 50 feet long-requiring'~one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate .points, with mobile homes less than 50 feet long requiring four additional ties per side; all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, any additions to the mobile home be similarly anchored. An alternative method of anchoring may involve a system designed to.withstand a wind force of 90 miles per hour or greater. Certification must be provided, to the City Engineer, that this standard has been met. (iii) (iv) Construction Materials and Methods (1) Ail new construction and substantial.improvements shall be constructed with materials and utility .equipment resistant to flood damage. (2) All new construction and substantial improvements.shall be constructed using methods and practices that minimize flood damage. Utilities (1) (2) (3) All new and replacement water ~upply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; .New. and replacement sanitary sewage systems shall be designed to-minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into'flood.waters; and, On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. -5- 5.1.4 5.1.5 5.2 5.2.1 5.2.2 5.2.3 Subdivision Proposals (1) Ail subdivision proposals shal% be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and ~acilities such as sewer, gas electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) 'Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). Review of Building Permits Where e~evation data is not available, applications for building permits shall be reviewed to assure that proposed constr.uction will be reasonably safe from flooding. The test of reasonableness is a local judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 4.3.2, USe of Other Base Flood Data, the following provisions are required: Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Nonresidential Construction New construction and substantial improvements of any commercial, industrial or other non residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be flood proofed so that below the base flood level the structure is watertight with walls substantially impermgable to the passage of water; (.2) have structural components capable of'resisting hydrostatic and hydrodynamic loads and' effects of 'buoyancy; and, (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 4.3.3(2). Mobile Homes (1) 'Mobile homes shall be anchored in accordance with Section 5.1.1. (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or. on pilings so that the lowest floor of the mobile home will be at or above the base flood level; -6- (ii) (iii) (3) adequate surface drainage and access for a hauler are provided; and, in the instance of elevation on pilings, that: --lots are large enough to permit steps, --piling foundations are placed in stable soil no more that ten feet apart, and --reinforcement is provided for pilings more than six feet above the ground level. No.mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdiVision. SECTION 6.0 This ordinance shall take effeCt upon its passage~ approval and publication in the manner provided by. law'. Read for the first, second and third time~, p~ssed and approved February 16, 1982. _,~Mayor ATTEST: City Clerk APPROVED AS TO FOP~: CiyAt torne~/. . ~--.