HomeMy WebLinkAbout3173 Related to Floodplain Regulation PTMC Amendments Chapter 16.08 and Chapter 20.01Ordinance 3173
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ORDINANCE NO. 3173
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED
TO FLOODPLAIN REGULATION; UPDATING FLOODPLAIN REGULATIONS AND
ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT AND TABLES
OF CHAPTER 16.08 (FLOOD DAMAGE PREVENTION) AND CHAPTER 20.01 (LAND
DEVELOPMENT ADMINISTRATIVE PROCEDURES) OF THE PORT TOWNSEND
MUNICIPAL CODE
RECITALS:
The City Council of Port Townsend finds as follows:
1. The Legislature of the State of Washington has delegated the responsibility to
local governmental units to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry; and
2. The City has special flood hazard areas as identified by the Federal Emergency
Management Agency (FEMA) and indicated on Flood Insurance Rate Maps
(FIRMS); and
The City has participated in the National Flood Insurance Program (NFIP) since
1982 and adopted Flood Damage Prevention regulations in 1989 (Ordinance
2161) to protect against flood losses;
4. In return for Federally supported flood insurance, local governments had to
agree to regulate development in their floodplains in accordance with the
National Flood Insurance Program's criteria; and
5. Recent court decisions and federal administrative actions connected to the U.S.
Endangered Species Act (ESA) have required 122 units of local and tribal
governments in the Puget Sound region in Washington State to make changes in
how they administer the National Flood Insurance Program (NFIP); and
6. A Biological Opinion (BiOp) has been issued governing the administration of
the NFIP within the Puget Sound basin. BiOps are prepared under the
Endangered Species Act (ESA), and evaluate whether projects or programs are
likely to harm the survival and recovery of an endangered species; and
Certain standards and requirements of Chapter 16.08 "Flood Damage
Prevention" of the PTMC have been identified as needing updates to comply
with NFIP and BioOp requirements; these requirements are mandatory federal
and state regulations, rather than discretionary local regulations.
Ordinance 3173
Page 2 of 3
8. This ordinance has been developed in conformance with the requirements for
land use code text revisions set forth in Section 20.04.090 PTMC.
9. A SEPA Determination of Nonsignificance was issued on March 17, 2017 in
reference to proposed amendments to the municipal code; and
10. The proposed Chapter 16.08 was submitted to the Department of Commerce,
FEMA Region X and Department of Ecology for review and comment; and
11. The Planning Commission met on this matter in workshop sessions held March
9, 2017; and
12. Following an open record public hearing on April 13, 2017, where they
considered public comments and written submittals, the Planning Commission
recommended approval to the City Council amendments to Chapter 16.08
PMTC and issued Findings, Conclusions and Recommendation; and
13. The City Council met on this matter in workshop session held April 17, 2017;
and
14. The City Council held an open record public hearing on May 8, 2017 where
they considered public comments and written submittals, and considered the
findings and recommendation of the Planning Commission, the DSD Director
and staff, and
NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record
before the Port Townsend Planning Commission and City Council, the City Council hereby
ordains as follows:
Section 1. Amend Chapter 16.08 Flood Damage Prevention as indicated in Exhibit A.
Section 2. Amend Section 20.01.040 Project permit application framework; Table 1.
Permits/Decisions, to add Flood Development Permits as a Type IA permit and Flood
Development Variances as a Type II permit.
Section 3. Severability. If any sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase or work of this ordinance.
Section 4: Transmittal. The City Clerk shall transmit a copy of this Ordinance to the State
Department of Commerce (DOC), the State Department of Ecology, and Federal Emergency
Management Agency Region X within ten (10) days of adoption of this ordinance.
Ordinance 3173
Page 3 of 3
Section 5. Effective Date. The code provisions adopted by this Ordinance shall take effect on
July 1, 2017. This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law. Publication of this ordinance shall be by summary
thereof consisting of the title.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 15th day of May 2017.
Attest:
Joanna Sanders, CMC
City Clerk
1 eborah S. Sti ..
Mayor
Approved as to form:
Steven L. Gross
City Attorney
EXHIBIT A
Chapter 16.08
FLOOD DAMAGE PREVENTION
Sections:
Ordinance 3173 Exhibit A
Page 1 of 17
Article I. Statutory Authorization, Findings of Fact, Purpose, and Objectives
16.08.0 10 Statutory authorization.
16.08.020 Findings of fact.
16.08.030 Statement of purpose.
16.08.040 Methods of reducing flood losses.
Article II. Definitions
16.08.050 Definitions.
Article III. General Provisions
16.08.060 Lands to which this chapter applies.
16.08.070 Basis for establishing the Ural ffood hazard o r .
16.08.080 Violations and penalties.
16.08.090 Abrogation and greater restrictions.
16.08.100 Interpretations.
16.08.110 Warning and disclaimer of liability.
Article IV. Administration
16.08.120 Development permit required.
16.08.130 Application submittal and copLentsfoi— ce opmen'.
16.08.140 Designation of thelloao�in administrat!:iM- es 5 "
16.08.150 Duties and responsibilities of the ��f�17cslain adnioistator.
16.08.155 Variance for historic structures
Article V. Provisions for Flood Hazard Reduction
16.08.160
General standards.
16.08.1.70
Specific standards.
16.08.175
Recreational vehicles.
16.08.176
Small Structures.
16,08.180
Repealed.
16.08.190r
tla s -tea t.&e c yLed.
16.08.200
Encroachments.
16.08.210 Standards for shallow flooding areas (AO zones).
16.08.220 Coastal high hazard areas.
Ordinance 3173 Exhibit A
Page 2 of 17
Article I. Statutory Authorization, Findings of Fact, Purpose, and Objectives
16.08.010 Statutory authorization.
The Legislature of the State of Washington has in Chapter 86-16 RCW, as amended, delegated
the responsibility to local governmental units to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. (Ord. 2161 § 1. 1, 1989).
16.08.020 Findings of fact.
A. The flood hazard areas of Port Townsend are subject to periodic inundation which results in
loss of life and property, health, and safety hazards, disruption of commerce and governmental
services, extraordinary 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.
B. These flood losses are caused by the cumulative effect of obstructions in (lie Special Hood
Hazard Areal 1?L'1 iAlarens of sj%*k"ood4uwafds, which increase flood heights and velocities,
and when inadequately anchored, damage uses in other areas. Uses that are inadequately
floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood
loss. (Ord. 2161 § 1.2, 1989).
16.08.030 Statement of purpose.
It is the purpose of this chapter 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:
A. To protect human life and health;
B. To minimize expenditure of public money and costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric
telephone and sewer lines, streets, and bridges located in area s-of-speei--flood-lra,,-,ithc SF11A;
F. To help maintain a stable tax base by providing for the sound use and development of areas of
specrF�l'�1-h,rdthe SFIJA so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in the S F l 1 A anifeaof=moi-al
flood-liazarmd; and
H. To ensure that those who occupy the "of d4tavai=dSiIIA assume
responsibility for their actions.
1. To aualifv the City of Port Townsend for narticination in the National Flood Insurance
Prograin, tltq-2y greying citizens and businesses the opportunity to purchase flood insurance.
J. To maintain water aualitv in water bodies and their floodolains so as to protect public water
supplies, areas of thoW1aLiblmc t us1 and wildlife habitat protected by the l";ndan gered Speirs pct
K. To retain the natural, channel shoreline, and floodplain creation d other natural„
floodplain functions that protect create_ and rnair1tain habitat for threatened and endangered
V99kS
L. To prevent or minimize loss of hydraulic geomorphic, and ecological functions of
floodplains.
M. To orotect significant cultural and historiC „prt�lrg�qias including buildings, structures,
�lr wlri ts, sites, obiect ,_and landscapes and or minimize adverse effects to these ro ernes.
Ordinance 3173 Exhibit A
Page 3 of 17
l., test s S cific k1j JE)vit ql i in..t is hante� �,�m�_ggul,�t, ra Is 1Icmcnt nianda!q!:y
andstate regulations rather than discretionary local regulations., (Ord. 2161 § 1.3, 1989).
16.08.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting 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;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, ameha s -_and natural protective
barriers which help accommodate or channel floodwaters;
D. Controlling filling, grading, and other development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in other areas.
F. Establishes a permit re uirement so that all development that may affcct flood laazatds,.water
qualitv, and habitat are reviewed before it is constructed. (Ord. 2161 § 1.4, 1989).
Article II. Definitions
16.08.050 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this chapter its most
reasonable application.
A. "Adversely affect/Adverse effect" means effects that are a direct or indirect result of the
pro )sc.c q i it pr its interrelated tsar interdependent a ___. .�..ffectnot discountable
actions ��rt t'�c effect t ._�_._�.:...:�.....,
insignificant or beneficial, 1. where:
aDis
. countable effects are etivttly�.tlilcl ick tictatantl
b. Insignificant effects relate to the size of the impact and should never reach the scale where a
take occurs. Based on best juc lIment a person wouldi .not incaniti g ally measure, detcct, or
evalttatc insignificant effects or ex )ect discountable, e tbcts to occur.
2. Beneficial effects are contemporaneous positive effects without any adverse effects. In the
event that the overall effect of' iliataro ao"seri actitata is benclict�al l uL
tis also likely to cause some
adverse effects, then the proposed action is considered to result in an adverse effect.
BA. "Appeal" means a request for review of the building department interpretation of any
provision of this chapter or a request for a variance.
C13. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be
evident. AO is characterized as sheet flow and AH indicates ponding.
�=--•A�t- :Ma rt-w-t"t �rtt°�-a-wi.'�a��at�trtaty-. , .l "-
a-�r�-p��t��gro�lac�flt�i��g--i���" -yt; �si�aticn-�tna .• •. �."s
Ordinance 3173 Exhibit A
Page 4 of 17
D . . . ... . . . . . . "Base. Flood" "means the flood having, a one percent chance olbeing, eflualed or exceeded hi
any given year (also referred to as the "100 -year flood"). The area subi ect to the base flood is the
.So ........................................ ...................................... ccial Flood Hazard Area designated on Flood Insurance Rate Maps as Zones, "Al " or 4`Wl
.9 and VE.
E. "Base Flood Elevation" means the elevation of the base flood above the datum of the effective
FIRM.
I". "Basement" mcans any area of the building _having.J,t_sJ1oor sub -gr de (below ground level)
on all sides.
GD. "Breakaway wall" means a wall that is not a part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the building or supporting foundation
system.
HE. "Coastal high hazard area" means the area subject to high velocity waters, including but not
limited to, storm surge or tsunamis. The area is designated on the FIRM as Zone V I N30, VE or
V.
IR "Critical facility" means a fiaciWly _necess�aj2rotcet the..p ibliq hcaltlisafet and welfare-- y_
during a flood Critical facilities include, but are not limitedtols, nursing homes,,
l nsprt als ilio
.c:, fire anti emergency operations installations, water and wastewater treatment
plants, electric powerstations, and installations which produce. use. or store hazardous materials
. . ................................ .
or hazardouswaste other than ut roducts substances or hazardous
All n,
waste intended for household use a AIM'.."Y'fol-W h�itl-"Ven a firs 5— "IM11—
*o of *ttr-&iWs;
pe4ioe4we-and-eii-w-geney
haA,+R4etts--m-awf 4-tazaniotts- wa*Ae-.
GJ. "Development" means any manmade change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of eqUiLirrient or materials, located within the special
flood hazard area (SHIA'Ooeamed—k li--. -V a
.1— VAA�Lcl�t,& W spee-1
K "Elevation Certificate" means the official form (Fl:,,MA I-opp 1-31 used to track
develooment, provide elevation information necessary to ensure compliance with cornmunity
floodplain management ordinances, and determine the lLroper insurance prerniurn rate with
Section 13 corrinleted bv Community Ufficials,
L. .. . ....... "Enclosed...area" means an unfinished or flood -resistant enclosure that is used so[glyfiqr
parking of vehicles. ., buildiniz access, or storage. The term includes but is not limited to aaraues
................... . ... .....
and crawispaces. [mclosed areas are ullinliabitable space.
A "FEMA" means the Federal�Managokra t g ncy _.he
administering the National Flood Insurance Program.
Ordinance 3173 Exhibit A
Page S of 17
FIN_. "Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
10. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance
Administration has delineated both the afea ial lod-Ii ai;d -SFHA and the risk
premium zones applicable to the community.
JP. "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.
K_Q. "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.
R. "Historic Structure" means, for the purposes of this Chapter, a structure that:
A. Is listed on the National Register of Historic Places, tliwasliing.0z1 j L ttaYgtr
the Wasliing_ton Heritage Barn r o�°.
B. Has been certified to contribute to the historical significance of a registered historic
district, or
C. Is listed in, or determined eligible for listing in, the City of Port Townsend's Register of
Historic Places. ..�... �..
LS. "Lowest floor" means the lowest floor of the lowest enclosed area (including the basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this chapter found at PTMC 16.08.170A.2.
MT. "Manufactured home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured
home" does not include park trailers, travel trailers, and other similar vehicles. _See also
"Recreational vehicles"
NU. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
V9. "New construction" means structures for which the "start of construction" commenced on or
after the effective date of the ordinance codified in this chapter.
Ordinance 3173 Exhibit A
Page 6 of 17
W. Ordinary High Water Mark ( often abbreviated OHWM) means that mark on all lakes,
streams and tidal waters that will be found by emi_y x�nip JIg cd and banks and ascertaining.
where the p Bence and action of waters are so common and usual, and so long continued in all
ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in
t°es ect to vegetation as that condition exists—ori JJulie.,1l ��7 � r�rM sm t I'n4 rtattg4llly c�
therea f t r or as i t may change thereafter in accordance with permits issued by the local
government «S�??�?gton State De," tmel�t of R...l..rt..• ,,,...,;.�A.7 rl�ot ' �,,.. �rA� .s,IMVe tllA
or the W' .. ,...d.... a ezws , provided that In an xa�ea vvxw ua wmu
ordinary high water mark cannot be found."lhe ordinary Nell water mark adjoining salt water
shall he the line of mean higher high tide, and the ordinary high water
mark adioining fresh water shall be the line of mean high water.
X. "Protected Area" within the City of Port Townsend, protected areas means lands within the
SFHA that also lie within:
200 feet from marine shorelines as measured perpendicularly from ordinary high water
mark
250 feet from freshwater fakes I gppe l .g)ecialw floodhazardarea aswmeasp red
er endicularly from ordinary high water mark
PY. "Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
I Desianed to be self-tirmelled_or permanently towable by a light duty truck; and
4. Designed primarily got auras-armt ung -lamas temporary living
quarters for recreational, camping, travel, or seasonal use,: not as a permanent dwelling.
"S�) ial Flood 1 lazard Area or SFHA". — mc,ans—those arca c,�b�t tc� inandatka�� lith
Y asel— d especial Flood Hazard Areas are designated on Flood Insurance Rate Maps with the
letters A" or "V". The Special Flood Hazard Areas is also referred to as the area of special
flood hazard or SFHA.
QAA. "Start of construction" includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, placement or
other improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of street and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundation 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
part of the main structure.
RBB. "Structure" means a walled or roofed building including a gas or liquid storage tank that is
principally above ground.
Ordinance 3173 Exhibit A
Page 7 of 17
CC "Substantial damage" means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its beforeManiaLed condition vv�jLiLd be ec u&_a�rmc ececl 5f1 e�cer�t of
the market value of the structure before the damage occurred.
SM. "Substantial improvement" means any repair, reconstruction, rehabilitation, addition,,
replacement, -or other improvement of a structure, whether it be interior or, exterior, -the cost of
which equals or exceeds 50 percent of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred.
For the 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 have been identirted by the Buildifi
Official __ alo t er t eel and which are the nlinimuan 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.
TEE. "Variances" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
UFF. "Water dependent" means a structure for commerce or industry which cannot exist in any
other location and is dependent on the water by reason of the intrinsic nature of its operations.
VGG. "Zone" for the purposes of this Chapter means one or more areas delineated on the FIRM.
The following zoties may be used on the a ltc mE ij .l" f_ h p cial Flood I lazard Area is
cotnrvised of the A and V Zones. (Ord. 2854 § 5, 2004; Ord. 2161 § 2, 1989).
Article III. General Provisions
16.08.060 Lands to which this chapter applies.
This chapter shall apply to the all- : �)-f special flood hazard area ("lT TlIX within the
jurisdiction of the city of Port Townsend. (Ord. 2161 § 3.1, 1989).
16.08.070 Basis for establishing the areas of special flood hazard.
The areasf special flood hazard areaU.)_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 the city clerk at the office of the city administration.
(Ord. 2854 § 1, 2004; Ord. 2161 § 3.2, 1989).
16.08.080 Violations and penalties.
Ordinance 3173 Exhibit A
Page 8 of 17
A. Director's Authority. Whenever the pi ie-wc l Plaoni Director a kSePAes-D
di-reetor or his or her designee ("director") determines that a condition exists in violation of this
chapter or any standard required to be adhered to by this chapter, or in violation of any permit
issued hereunder, he or she is authorized to enforce the provisions of this chapter.
B. PTMC Chapter 1.20 P444C—Applicable. All violations of any provision of this chapter or
incorporated standards, or of any permit issued hereunder, are made subject to the provisions of
Chapter 1.20 PTMC.1, I-naoet-01.1ofry
Y Chapte-
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16.08.090 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail. (Ord. 2161 § 3.4, 1989).
16.08.100 Interpretations.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 2161
3.5, 1989).
16.08.110 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
Ordinance 3173 Exhibit A
Page 9of17
occur on rare occasions. Flood heights may be increased by manmade or natural causes. This
chapter does not imply that land outside the afeas-ot*s�peelal-ll(*4aw dsSl,"I-IA or uses
permitted within such areas will be free from flooding or flood damages. This chapter 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 chapter
or any administrative decision lawfully made hereunder. (Ord. 2161 § 3.6, 1989).
Article IV. Administration
16.08.120 Development permit required.
pmt pm m 1 11.he_ol to n� l ins o10Pfnetle iW-;-wiW.
fe l fh�d t -1=1 mM li . =f hep i= 4-4l.
h ... o"il4.
.,
, s h-a-k�l-�--
d v pmt int l lfl ll d...< tt li l x i t l o a n it l rt . (0fd—.24-6-1-
l 1919):
A. A floodplain development permit shall be obtained before construction or development begins
within the special flood hazard area �I I A I" o�a�,l���lt }aa��� be P_..___ � c�l
or all develo ment as defined
ill tlir chapter. Ali application for flood development permit shall be processed according to the
procedUres for a [ r e I -A erm��it as established in Ch I'9''�
Chapter 0.01 � C Land Development
Administrative Procedures.
B.;�A development protect is not subiect to the requirements of this chapter if it is located on land
that can be shown to be:
1. Outside the orotected area and
2. Higher than the base flood elevation.
The flood lain administrator shall ITITITinform the applicant that the proiect may still be subject to the
food insurance purchase requirements unless the owner receives a letter of map amendment
fromFEMA. ............................ .................._.. ...
C. Nondevelopment Activities. Activities that do not meet the definition of "development" in
this chapter are allowed in the SFHA without the need for a floodplain development permit or
habitat iinpact. assessi-nent EggLii.E d under this chapter. rovided all other federalstate and local
requirements are met. The following are examples of activities not considered development:
1. Routine maintenance of landsc 'ri that does riot involve 'radill'„ e cav tion, illI I
2. Removal of noxious weeds and hazard trees and replacement of nonnative vegetation
_._._._._._.................................................__.._. ._._._._......._._.._.._...m
with native vegetation;
3. Normal maintenance of structures, such as re -roofing and replacing siding, as long as
such work does not aualifv as a substantial improvement,
4. Normal maintenance of' above ground public utilities and facilities such as re lacin ,,
downed power lines;
5 Mnrmal Qtr.-,- t anil mail maintenance including filling nnthnleC rPnayino and lnstallina
siens and traffic siiznals. but not including expansion of paved areas;
6. Normal maintenance of a levee or other flood control facility prescribed in the
Qppgrations and inai tenance plan fom° the levee or flood control facility, and
7. lowil m i d otlar normal lhrm laractices (other than structures or filling) on farms its
existence as of the effective date of the ordinance codified in this chanter.
Ordinance 3173 Exhibit A
Page 10 of 17
D. Activities Allowed with a blood alaim�a Perm it. 'rh.e followin a activities are allowed in the
SFIIA without a habitat impact assessment required under PTMC 16.08.130 providing all
othermm e uircMents of this chapter are met including obtaining a floodplain lain develo men! aermaatt
lairs or r modellingg of an e i ting t�rmicturc o,v d ci�wtml�g hg rgp:,jj ITs�er remodeling
are not a substantial improvement or a repair of substantial damage, provided further, that.
no habitat impact assessment shall be required if the repair or remodel does not expand the
exists brjLd ..�qgvglopee
2. lex ansion of an existing structure that is no6r atm r than 10 .rercent beyond its existing._
footprint; provided, that the repairs or remodeling are not a substantial itn reeve gent or a.
rt�pmma r substantial Ufa �. e
.. � mn<at.,t, This measurement is counted ctmraaulativcl from the fl"muctmv_
date of the ordinance codified in this chapter. If the structure is in the floodway, there shall
.... .............�
be no change in time dimensions er endicular to flow.
3. Activities with the _ s
. � stele pu�x� ose r��f creating, restoring or cnlaamacm�tag m�atr.mrtml fimtactmon
l'm �, :g
associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian
areas that meet federal and staatute __ standard p_m � vjdcd,the acti itimrs do not include structures,
c ,"o
grading, fill, or impervious surfaces,
. Development ofopen space and recreational facilities, such as parks, trails, and hurmting
gLgj!R ,..that do not include structures grading, fill ina pervious surfaces or removal of
more than five percent of the native vegetation on that portion of the property in the
.................__................_.........��
re aulator flood lain.
E. Other Activities. All other activities not listed in subsection C or D of`this section are allowed
as long as they meet all the requirements of this chapter, including the habitat impact assessment
reguired Linder PTMC L16.08.1 10 ff .) and a floodplain development t:) rmit is issued.
F. The preservation, rehabilitation, restoration, or reconstruction of a designated or eligible for
designation Cultural and/or historic property that is determined to meet the US. Secretary of the
Interior's Standards for the Treatment of Historic properties.
16.08.130 Application submittal and contentsfo"tvelopmiefWpennR7
Application for a development within the eeiial Flood Hazard Area pmt shall be made on
forms furnished by the building department 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 Viand proposed structures, fill, storage of materials, drainage facilities,
impervmocrs surf°
.-.. � � �mces, and the location of the foregoing methods of'constrmmction, location of flee
SFHA and Protected Area. Specifically, the following information is required:
A. Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures;
B. Elevation in relation to mean sea level to which any structure has been floodproofed;
C. For any nonresidential structure to be flood rop oo� f'cd, eCertifmcation by a registered professional
engineer cum read licensed in the State of Washington or architect that the floodproofing
methods fbf-mn�tioi--tfemdcmAial gtr-:mAtffe meet the floodproofing criteria in PTMC 16.08 l 70B.
This information shall be recorded on a current 1 I,MA. Flood -pp ofirr c� l fica:tej
D. Unless otherwise waived by the floodplain administrator, for proiects involving regrading,
excavation, om° filling tkmeITsite piao shall nclude pEpp se mm�mcm t3 �pct�i v 10m iotit t rr itjvtt
five- foot contour levels and quantities of cut and fill.
ED. Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
Ordinance 3173 Exhibit A
Page 11 of 17
F. Unless listed under PTMC 16,0,8.120 C and a plicatiolls f�rlro , ect s located wi Lli in the
SHIA shall include a habitat impact assessment prepared in accordance with PTMC Section
19.05.080 (1) "Special Report Required". Proiects within the Protected Area must be inherently
designed to avoid adverse i!Wacts to sp n(,Lod'L1aLri uqqjjq!]�iAhILLsA listed , c i c s.
pppgqj_ I i s j
._"1 he application shall include documentation that the applicant will apply Im all necessary
pg,-n'iits_Lqqujredj?yLedgraL state or local law. The app lication shall include acknowled Iment
._._ ,
that the ap licant understands, ffiat [tic final certificateof occ 4!ICY hg._jSSL1Cd 0111 if the
qpplicant provides conies of the reguired, federal, state, and local permits or letters stating that
pg,Kjpit i.s pot rgquire d. (Ord. 2161 § 4.1-2, 1989).
16.08.140 Designation of the floodplain administrator respons-ible arrm"J.;
The ktildi+%--offi-ei-a4 Planning director d" --r r t r lir or his/her designee i
11 y &§i 'gated apL"�*te4-4,-de%g*aW to administer and implement this chapter by granting
or denying development permit applications in accordance with its provisions. (Ord. 2161 § 4.2,
1989).
16.08.150 Duties and responsibilities of the building-officialfloo,dplain administrator.
Duties of the buik-ling-t)Mci-alfloodplain. administrator 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;
3-..-Review--a14- lopffien, per".1- -, rielem"—'rit— pr-opose"eve4opme*t4sfttated
in4he4k*4way
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-etfieialfl oo
0 plaig adininistrator 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 an"i-A"80,
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. This information shall be recorded on a Current FEelevation MA elevon certificate,
. .................................................... . ..... . .....................................
signed and sealed by a professional land surveyor, currently licensed in the State of
. . . . . .....................................................................
Washim,ton, with Section B conipj��tq(thy icial.
Ihe local offi
2. For all new or substantially improved floodproofed nonresidential structures:
.... ...... --- --7-
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 16,08,130(DC-).
3. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Submit retorts as required for the National Flood Insurance Progtain,
D. Alteration of Watercourses.
Ordinance 3173 Exhibit A
Page 12 of 17
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 theama,.,,,-t+f-spec4al-good-iiu.aKWSFI-IA (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).
F. Notify FEMA of any proposed amendments to this Chapter.
16.08.155 Variance for historic structures
Variances shall be processed as..al'yjiq_,. 111?2 qrnij. tan licatioii.
Variances NqUestedin connection with restoration of a historic site, building -or structure may be
granted...... rovijcd-
1. The re ah, or r, habilitation is the minimum necessary to preserve the historic character and
desi gn- of the site, building or structure; and
2. The re air or rehabilitation will not i-esult in the site ,.lag L11 tIjq& or structure los'l) its Iiistoric
.............................. .
Le�jg.qqj, ion ;_At1d,,
3. The repair or rehabilitation is determined to meet the U.S. Secretary of the Interior's
Standards for the Treatment ofl-listoi-ic Pro ernes and recommended approacties, its thealicable
a,mlicable Preservation Briefs. (Ord. 2854 § 2, 2004; Ord. 2161 § 4.3, 1989).
Article V. Provisions for Flood Hazard Reduction
16.08.160 General standards.
In all amas Irs-ee-1 hazatdec—ial----F-l--o-o---d-I -Hazard Areqs..(SFl IA
the following standards
are required.
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse or
lateral movement, and shall be installed using methods and practices that minimize flood
damage. Anchoring methods may include, but are not limited to, use of over -the -top or
frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in
Flood Hazard Areas" guidebook for additional techniques).
B. Construction Materials and Methods.
1. All new construction and substantial improvement 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.
3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent
Ordinance 3173 Exhibit A
Page 13 of 17
water from entering or accumulating within the components during conditions of
flooding.
C. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
2. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the systems into
floodwaters; and
3. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
D. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities 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. Where base flood elevation data has not been provided or is not available from
another authoritative source, it shall be generated for subdivision proposals and other
proposed developments which contain at least 50 lots or five acres (whichever is less).
E. Review of Building Permits. Where elevation data is not available either through the Flood
Insurance Study or from another authoritative source (PTMC 16.08,15013), applications for
building 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 grade in these zones may result in higher insurance rates. (Ord. 2161 § 5.1, 1989).
16.08.170 Specific standards.
In all Special Flood l lazard Areas(�1 1�1A � t i l� ��cl�l� sus where base flood
elevation data has been provided as set forth in PTMC 16,08,0' or 1_6,,08.150(B), 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.
2. Fully enclosed areas below the ITITlowest_j 'o'or that are sub`ect to Hooding shall be used
onlyfor parking, storage, or building access and
lel* w- www -14u --ed-�*-H dit -a -pr imt d,..of-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.
Ordinance 3173 Exhibit A
Page 14 of 17
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 16.08.150(C)(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 100 -year floodplain 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 08.16.Q(A)(2). (Ord. 2854 § 3, 2004; Ord. 2161 §
5.2, 1989).
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, be attached to
the site only by quick disconnect type utilities and security devices, and have no permanently
attached additions; or
C. Meet the requirements of PTMC 16,08,170(D) pertaining to requirements for manufactured
homes, including the elevation and anchoring requirements. (Ord. 2854 § 4, 2004).
16.08.176 Small Structures
Ordinance 3173 Exhibit A
Page 15 of 17
A building that is no larger than 500 sauare feet and is not used for human habitation may be
exempt from the elevation re luirenient of this!:, aptr�pr(Lwid cl: -
1 It is used only for or storage;
2. It is constructed and plaecd on the buiLding g so as to offer minimum resistance
to the flow of floodwater
'2- It is nnorlhnrarl to n���ant flntnt;nn Axrhieh may result in damn to„other tr iettire '
4. All portions of the structure below the l"`PE must be constructed of flood -resistant
materials;
5. Service utilities such as electrical and heating eauinment meet the standards of
this chapter;
...... .............................. —
6. It has openings to allow free 1'lowag,e of water that meet the criteria of this
chug tee°•
7. The proiect meets all theother requirements of this chapter.
16.08.180 Floodways.
Repealed by Ord. 2854. (Ord. 2161 § 5.3, 1989)..
16.08.190 Wetlands management.
Repealed by (rd 3173
as iaaaaaaa l e i e 1 m aterm a-, "'se ' a i t c wi h
tla...t uc tia ri ftlot4l, ,�i11 t 4i-v-iti .~il lit rt i pl nnt–d T
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w�lta�:sls,tl-withi�-l��clp:
° y� th � - • r+�--th+-�, , nd"�a1�i�lity�to_.r�����i�i���;
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-Fx-istiln
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s-+da�ser-vine. �•� l tt���t-iaa�a��rd.� 2-i1�1�4, 9
16.08.200 Encroachments.
The cumulative effect of any proposed development, where combined with all other existing and
anticipated development, shall not increase the water surface elevation of the base flood more
than one foot at any point. (Ord. 2161 § 5.5, 1989).
16.08.210 Standards for shallow flooding areas (AO zones).
Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood
depths in these zones range from one to three feet above ground where a clearly defined channel
does not exist, or where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is usually characterized as sheet flow. In these areas, the following
provisions apply:
A. New construction and substantial improvements of residential structures within AO Zones
shall have the lowest floor (including basement) elevated above the highest grade adjacent to the
Ordinance 3173 Exhibit A
Page 16 of 17
building, one foot or more above the depth number specified on the FIRM (at least two feet
above the highest grade adjacent to the structure if no depth number is specified).
B. New construction and substantial improvements of nonresidential structures within AO Zones
shall either:
1. Have the lowest floor (including basement) elevated above the highest adjacent grade
of the building site, one foot or more above the depth number specified on the FIRM (at
least two feet if no depth number is specified); or
2. Together with attendant utility and sanitary facilities, be completely floodproofed to
or above that level so that any space below that level is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. If this method is used, compliance shall be certified by a registered
professional engineer or architect as in PTMC 16.08.170B.3.
C. Require adequate drainage paths around structures on slopes to guide floodwaters around and
away from proposed structures. (Ord. 2161 § 5.6, 1989).
16.08.220 Coastal high hazard areas.
Located within areas of special flood hazard established in PTMC 16.08.070 are coastal high
hazard areas, designated as Zones V1 -V30, VE and/or V. These areas have special flood hazards
associated with high velocity waters from surges and, therefore, in addition to meeting all
provisions in this chapter, the following provisions shall also apply:
A. All new allowable construction and substantial improvements in Zones V1 -V30 and VE (V if
base flood elevation data is available) shall be elevated on pilings and columns so that:
1. The bottom of the lowest horizontal structural member of the lowest floor (excluding
the pilings or columns) is elevated one foot or more above the base flood level; and
2. The pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Wind and water loading values shall
each have a one percent chance of being equaled or exceeded in any given year (100 -
year mean recurrence interval).
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of subdivisions (1) and (2) of this subsection.
B. Obtain the elevation (in relation to mean sea level), of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all new and substantially
improved structures in Zones V1 -V30 and VE, and whether or not such structures contain a
basement. The local administrator shall maintain a record of all such information.
C. All new construction shall be located landward of the reach of mean high tide.
D. Provide that all new construction and substantial improvements have the space below the
lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open
wood lattice -work, or insect screening intended to collapse under wind and water loads without
causing collapse, displacement, or other structural damage to the elevated portion of the building
or supporting foundation system. For the purpose of this section, a breakaway wall shall have a
design safe loading resistance of not less than 10 and no more than 20 pounds per square foot.
Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square
Ordinance 3173 Exhibit A
Page 17 of 17
foot (either by design or when so required by local or state codes) may be permitted only if a
registered professional engineer or architect certifies that the designs proposed meet the
following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
2. The elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind
and water loads acting simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be used in this determination
shall each have a one percent chance of being equaled or exceeded in any given year
(100 -year mean recurrence interval).
E. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of
vehicles, building access, or storage. Such space shall not be used for human habitation.
F. Prohibit the use of fill for structural support of buildings.
G. Prohibit manmade alteration of sand dunes which would increase potential flood damage.
(Ord. 2161 § 5.7, 1989).