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Home My WebLink About3224 Amending PTMC Chapter 16.08 Flood Damage Prevention, Adopting the “Flood Insurance Study for Jefferson County, Washington and Incorporated Areas” and Flood Insurance Rate Maps Ordinance 3224 Page 1 of'3 ORDINANCE NO. 3224 AN ORDINANCE OF THE CITY OF PORT TOWNSEND,WASHINGTON, AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 16.08 FLOOD DAMAGE PREVENTION, ADOPTING "FLOOD INSURANCE STUDY FOR JEFFERSON COUNTY, WASHINGTON, AND INCORPORATED AREAS" AND FLOOD INSURANCE RATE MAPS (FIRMS) DATED JUNE 7, 2019, AND ANY REVISIONS THERETO 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 1 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 3. 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; and 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, From 2016 through 2018, FEMA conducted a public process to update the Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMS); and 6. FEMA issued a Letter of Final Determination on December 7, 2018; and T New countywide Flood Insurance Study and Flood Insurance Rate Maps will become effective for all communities in Jefferson County on June 7, 2019; and 8. FEMA typically verifies that flood damage prevention ordinances are completely up to date at the time that new FIRMS go into effect; and 9. On February 12, 2019, the City received comments from David Radabaugh, NFIP State Coordinator with the Department of Ecology; and Ordinance 3224 Page 2 of'3 10. On February 16, the City received comments from FEMA which "must all be addressed prior to FEMA approving the Port Townsend Municipal Code Chapter 16.08 for adoption"; and 11. City staff drafted amendments in response to Ecology and FEMA comments; and 12. This ordinance has been developed in conformance with the requirements for land use code text revisions set forth in Section 20.04.090 PTMC; and 13. A SEPA Determination of Nonsignificance was issued on March 26, 2019 assessing potential impacts associated with proposed municipal code amendments; and 14. The proposed Chapter 16.08 was submitted to the Department of Commerce, FEMA Region X and the Department of Ecology for review and comment; and 15. The Planning Commission met on this matter in a workshop session held March 28, 2019; and 16. Following an open record public hearing on April 11, 2019, where they considered public comments and written submittals, the Planning Commission recommended approval to the City Council amendments to Chapter 16.08 PTMC and issued Findings, Conclusions, and Recommendation; and 17. In addition to amendments responding to Ecology and FEMA, the Planning Commission supports: a. Variance provisions for functionally dependent uses consistent with Code of Federal Register (CFR) 60.6; and, in response to public comment b. Increasing the minimum standard for elevating or floodproofing structures in the Special Flood Hazard Area from one-foot to two-feet above Base Flood Elevation (BFE). Given climate change and rising sea level, FEMA and Ecology encourage increasing the minimum. c. Provisions for appurtenant structures. 18. The City Council met on this matter in workshop session held April 15, 2019; and 19. The City Council held an open record public hearing on May 6, 2019, where they considered public comments and written submittals, and considered the findings and recommendation of the Planning Commission, the DSD Director and staff, and Ordinance 3224 Page 3 of 3 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. Adopt the "Flood Insurance Study for Jefferson County, Washington and incorporated areas and the Flood Insurance Rate Maps dated June 7, 2019, and any revisions thereto. 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. Section 5. Effective Date. The code provisions adopted by this Ordinance shall take effect on May 27, 2019. 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 special meeting thereof, held this 13th day of May 2019. Deborah S. St 118,06-, Mayor Attest: Approved as to form: Joanna Sanders, MMC Heidi Green ood City Clerk City Attorney Ordinance 3224 Exhibit A Page I of'24 Exhibit A Chapter 16.08 FLOOD DAMAGE PREVENTION Sections; Article I. Statutory Authorization, Findings of Fact, Purpose, and Objectives 16.08.010 Statutory authorization. 16.08.020 Findings of fact. 16.08.030 Statement of purpose. 16.08.040 Methods of reducing flood losses. Article I1. 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 areas of special flood hazard. 16.08.080 Violations and penalties. 16.08.090 Abrogation and greater restrictions. 16.0 8.100 Interpretations. 16.08.110 Warning and disclaimer of liability. Article IV. Administration 16.08.120 Development permit required. 16.08.130 Application submittal and contents. 16.08.140 Designation of the floodplain administrator. 16.08.150 Duties and responsibilities of the floodplain administrator. 16.08.155 Variance for l ist is a It+ s:l�� c.ti�.�� I1) dependent uses Article V. Provisions for Flood Hazard Reduction 16.08.160 General standards. 16.08.170 Specific standards. 16.08.175 Recreational vehicles. 16.08.176 Small structures. 16.08.180 Repealed. 16.08.190 Repealed. 16.08.200 Encroachments. 16.08.210 Standards for shalk+wm& ood.i�� g a�°tea lA �"t Zones} 16.08.220 Coastal high hazard areas. Ordinance 3224 Exhibit A Page 2 of'24 16.08 230 Sever) d..)ilii 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. 3173 § 1 (Exh. A), 2017; 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 the special flood hazard areas (SFHA) 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. 3173 § 1 (Exh. A), 2017; 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 the SFHA; F. To help maintain a stable tax base by providing for the sound use and development of the SFHA so as to minimize future flood blight areas; G. To ensure that potential buyers are notified that property is in the SFHA; H. To ensure that those who occupy the SFHA assume responsibility for their actions; I. To qualify the city of Port Townsend for participation in the National Flood Insurance Program, thereby giving citizens and businesses the opportunity to purchase flood insurance; J. To maintain water quality in water bodies and their floodplains so as to protect public water supplies, areas of the public trust, and wildlife habitat protected by the Endangered Species Act; Ordinance 3224 PxhibitA Page 3 of'24 K. To retain the natural channel, shoreline, and floodplain creation processes and other natural floodplain functions that protect, create, and maintain habitat for threatened and endangered species; L. To prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains; and M. To protect significant cultural and historic properties including buildings, structures, districts, sites, objects, and landscapes, and avoid or minimize adverse effects to these properties. Except as specifically provided in this chapter, these regulations implement mandatory federal and state regulations rather than discretionary local regulations. (Ord. 3173 § 1 (Exh. A), 2017; 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, and natural protective barriers which help accommodate or channel floodwaters; D. Controlling dr 1g filling, grading, and other development which may increase flood damage; E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas; and F. Establishing a permit requirement so that all development that may affect flood hazards, water quality, and habitat are reviewed before it is constructed. (Ord. 3173 § 1 (Exh. A), 2017; 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 proposed action, or its interrelated or interdependent actions, and the effect is not discountable, insignificant or beneficial, where: 1. a. Discountable effects are extremely unlikely to occur; and Ordinance 3224 Exhibit A Page 4 of'24 b. Insignificant effects relate to the size of the impact and should never reach the scale where a take occurs. Based on best judgment, a person would not meaningfully measure, detect, or evaluate insignificant effects or expect discountable effects to occur. 2. Beneficial effects are contemporaneous positive effects without any adverse effects. In the event that the overall effect of the proposed action is beneficial, but is also likely to cause some adverse effects, then the proposed action is considered to result in an adverse effect. B. "Appeal" means a request for review of the building department interpretation of any provision of this chapter or a request for a variance. C. "Area of shallow flooding" rneaans a dcsi snaked AO, l-[AWAO, ARIAl1 or V(1 tune oil to community's Flood. Insurance Rate Map (FIRM) with a l percent or greater annual.chance of floodin to an average depth of 1 to 3 feet where a clearly defined channel does not exist,where th�atJa�of floodin is un redictable, and where velocit flow ma be evident. Such 9J—IS c:haraeterirecl lr pondin y air sheet flow. I� �v-� � L��-uu�vi�l��t-:-r'�: .��sl�ara�tr��&�t-a�-�l��TMk I��.^,�a��1�"t-l4l-i��lic�t�tc��;--l�o♦r�dig�g �. D. "Base flood" meanstheflood having a one percentwwchance of being equaled or exceeded in ani given yea r. 11oodWhav4 chanex-oPhe i11-aI+y-. 4-to--as�l c 1 ll a r ,y , "lac a ctl t Era-t as w c l is�tl c sf?ea=il�l�a�acl 1��.�a�4r�a-ele�aatc�al a�a�►...:lra�l--ia�s�aa�a+a� IDto�aaal�s-�t�rra�m�u ,� r�` .�-�e-laac�it E. "Base flood elevation" means the elevation of the base flood above the datum of the effective FIRM. F. `Basement" means any area of the building having its floor sub-grade (below ground level) on all sides. G. `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. H. "Coastal high hazard area" means an area of special flood hazard extendin from offshore to the inland limit of a orimary frontal dune al�an open coast and any other area subject to high 'velocity rwzave action frojal sta: Ordinance 3224 Exhibit A Page 5 of'24 J. "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 equipment or materialsleateclwitliklelecil K. "Elevation certificate" means the official form (FEMA Form 086-0-33 81 33 ) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by community officials. L. "Enclosed area"means an unfinished or flood-resistant enclosure that is used solely for parking of vehicles, building access, or storage. The term includes but is not limited to garages and crawlspaces. Enclosed areas are uninhabitable space. M. "FEMA" means the Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program. N. "Flood" or"flooding" means:— L0 A general and teij1L)orar condition of partial or completeinundation of normally dry land areas from: a The overflow of iarland or tidal waters. f ' 'flee unusual and rapid accumulation or runoff of surface waters Crom aily soiircc. alslida;s e, aatt,tdflows which area°oiNrtratcl caaaserl b + flcracliarg as defined iaa Dura wry (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas as when earth is carried by a current of water and deposited alongthe path of the current. (2)]"he coll�al)se (2r�;ubsidence of lend aloaa the shore of a lake or other body ofwater as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm. or by an unanticipated force of nature, such as flash flood or an abnormal tidal su rge oK,by some similarly unusual and unforeseeable event which results in Mood n;, as delined in L)at ,plj..(a' V of this definition. � ar � errerrl rr�rf�tc rrl cr a c �r�chti��--��l �ar�il-or= or��rll+�t�a�i��rrr�clrrt-i�� rror :�kfy�lrw�r�r=��1-r�r�r�s f"r�.rr�.�. -1��I f�u�<..�v��lowrf-ir�tar��&�� i�lrrl-wate�rraef��rr° 2, .1=f c rr usr r l-€ncf-rrrl i "2 -umutat:imi ()f-runrrffc�l srr►f�r+�waters�fi��rr� rrr��s��ec O. "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administratorieirhas delineated both the SFHA and the risk premium zones applicable to the community. "A FIRM that has been made available di itall is called a Di ital Flood Insurance Rate Map Dom." P. "Flood insurance study" or"flood elevation study" means an examination evaluation and determination of flood hazards and, if as pro pria�te corres pondin&water surface elevations or an Ordinance 3224 Exhibit A Page 6 of'24 exaniinaation, evaluation and deteranination of mudslide i.e. niudflow and/or flood-related erosion hazards. �n��a tl�c��1 � ial-a �e��a �w y�he��4e �1�� r �ti�El�a��ia��tr��ti �al� t. la as�;��--!=`1 �� 1•:-- *0* "Flood prc afroga�u�Kat��r�� t�n�mk�m�ITa�m��tc��of structural and nonstructural additions. ash dtages�. oa a c J awtaaaetatw to stRlcluMS which reduce oreliminateriwswkwwof floe t��tt� t�c�tc�rcra t�tc or Mijaroved real properly, water and s<aaaataar ` 1<acili��tacs st:rtactaaw es and their contents.., Q. "Floodway"far"Re��u�y l'loodway"mmeans 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 oaaa-lata tlsght. of June 7, 2019. there,are no floodw�ays within the cit�___y limits *R* "Functionally dependent use means a use wl'aich cannot perform its intended purpose unless it is located or carried out inclose vroximitv to water. The term includes onl docking facilities, caa°t facilities that are la ITITa cssttry Iiia theloa lin a and unloading ofineasgca orpaasseaageas, and ship building and ship r pair facilities haat does not include Ion -term stoara�c or related naa aulacturin g facilities." *S* "Highest Ad'acent Grade" means the highest natural elevation of the ground surface prior to construction next to the prontjsed walls of a structure. R. "Historic structure" means, for the purposes of this chapter, tt tftiO*what-:�aan ° structure that is: a Listed individually in the National Register of Historic Places a_listin.naintained by the , ewe jai Liam of Interior or )r-elirri �aativ cletea°aaauaaccl by ilac�Sc; a tafy.Qm(jlacmlta� iamta aswwrneetiatg the requirements for individual listing on the National Register; (b) Certified or oreliminarily_determined by the. Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined bv the Secretary to yalify as a registered historic district.• 'c Individually listed vial as state inventory of historic laces in with historic l)reservation pa•o 10raams which have been in?pee�ve;��la is Secretary� of the I'nte g or W d) Individually listed on a local inventory ofhistoric placos in communities with historic preservation pro"Granas that have been certified either: I)-(ByI)—( By an ao roved state_p. ograrn as determined by the Secretary of the Interior or Ordinance 3224 Exhibit ft Page 7 of 24 2` Directly by the Secretary of the Interior iii states \,vittiout,r ov cl - asl�i+�grr-11=1rI�g�a ��r ste�:��rr� was-1�rc�cr�-ger-tail-rcd�tc� -��ntrmil��rt+��-t -tl��-# t+�r=i��l�sig,�ailmrc�rn ��l-�r-r�a�* �itw �l 1°�istr�o�listr-��t:, �r°. deter l 'em r�A—ere;�ll� t��r plaees. S. "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 16.08.170(A)(2). T. "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 eonne-ele.J attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." 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. Ir-isrrrtcerrtlats�tle t; rrrr-"rrrrrltu-crtlrrarti" yes t it �de par�trilur ;tt& 1 tail rnitlirir=mal' t lsSee also "Recreational vehicles-."). U. "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. **"Mean seal level" means forur oases of the National Flood Insurance Program, the North American Vertical Datum of 1988NAVD88 to which base flood elevations shown on a c,orrrrrrrrnity's Flood Insurance Rate Map arc: referenced. V. "New construction"nes sttrwtrctcrtest�vhicl tltnrt- 1nst:rrrtin+"c �rre' cl tear r1t a tha �Jl�tive lnt tl laa r r r ael+l lire tl i l aPtar-_ for lloodcrlain manrr ,enierit uWoos_ess,means structures for which the start of construction commenced on or after the el'lcctiv,c date ola flood plain rrrarinemerrt by tr cr�rmMUnit and includes aii Aibsec ucnt im provenients to such structures. W. "Ordinary high water mark" (often abbreviated "OHWM") means that mark on all lakes, streams, and tidal waters that will be found by examining the bed and banks and ascertaining where the presence 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 respect to vegetation as that condition exists on June 1, 1971, or as it may naturally change thereafter; or as it may change thereafter in accordance with permits issued by the local government or the Washington State Department of Ecology; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide, and the ordinary high water mark adjoining fresh water shall be the line of mean high water. Ordinance 3224 Exhibit A Page 8 of 24 X. Protected Area. Within the city of Port Townsend, "protected areas" means lands within the SFHA that also lie within: 1. Two hundred feet from marine shorelines as measured perpendicularly from ordinary high water mark. 2. Two hundred fifty feet from freshwater lakes mapped special flood hazard area as measured perpendicularly from ordinary high water mark. Y. "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; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily as temporary living quarters for recreational, camping, travel, or seasonal use, not as a permanent dwelling. Z. "Special flood hazard area" or-k"SFHA"1 or "'Area of special flood hazard"' is the land in the flood Plain within a community subiect touawwI [I)eM nt or greater chance of floodin ig 1 any given year. Special Ilood hazard areas are designated on flood insurance rate mans with the letters "A" or"V." After detailed rate mAkin has been con pletedin preparation for publication of the flood insurance rate map,Zone A usually is relived into Zones A. AO AH Al-30 AE. A99. Al AR/A�1-30, AR/AI` Ali/'A(l A[t/Al Ali./ A, Vt�� baa 1-Y, E, or V. Imor �yaar roses of these re u�lat�ions, the term "s ecial flood hazard area" is 5ynonvmous in meaning with the -shraasc "area of"special flood laaa�bard=.r�� aw�ar the sc�-aa�� saa��gc� � +r�rr�a laati�:�ra a tl��-l��s��ll er�l- SI=r �;ial-f�l��e��l�l�a -aa ��a��.fei �a7�atd- a�1=1 �al--iarra�aa�ca-bat --n-aaaps�vit-hmmtl� tt �=s�"'�a�. "V,"'141 e is i ao Fl aaad as c a i 1 f e$ l'r tlaa bar a l ial flooal l c a= AA. "Start of construction" Start ofConstruction includes substa�a�tiaa�ia�wrovement and means the date the building permit was issued srovided the actual start of construction repair, reconstruction rehabilitation addition lAcawailent or other im rovement was within 180 day§ of _. ... (lie ennit date. '1 he actual staal means cither the first f�l�aaa eine t�afWl1grgidaalunt construction of'aa structure on a site such aL!he2ourin_q of slab or footin s the installation ofiles the construction of columns or.Apy..work beyond the sta e of excavation•, oaIT_theITplacement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearin radin2 and fillip , nor does it include the installation of streets and/or walkways n s viers, or foundations or the erection of temporary forms; nor does it include the installation on the property of„accessory buildin s such as Ara es or sheds not occuvied as dwellin units or not art of the main structure. For a substantial imprcave went the aactuil start of construction means the first alteration of any wall ceilin floor or other structural p arl of a building, whether or not that alteration affects the external dimensions of the building fate laataVrtaaatiaal i+ralaavataaaaaetaaeu+aaa tlait tlaaailciagl�aaaaitaa isaacl ft�aitl�thctaaaaltas+t :al= }aastaaataeaaa;-a elai.a,•- a°ecara;st��aotie�r'a�llaa��aaaa�t�a��aatl��r_,ia°aal�ar��aaa+a�ttl�ia�l- 0- laa�-a�f�tlac �ua-at +t-a.�at�a: l=h�� aa�tasalt�a+�t-aaaeaaa�s--a�i4hr--tl� S�a� pfaac�aaraa�at--til=�t�raaa�a�"at-�a:raast-aa�;�tit�a ;r' � ot�ar�aa--aai4 Ordinance 3224 Exhibit A Page 9 of24 aiiy-woi BB. "Structure" means for floodplain management Purposes, a walled and roofed building, includhig a gas or liquid storage tad, that is principiUll �.above_grL)gnd, as well aS a InaMICaCtUred home. SIRICtUrc, for insurance miijioscs, meam: (!J-A buiLdin \vith two or Inore outside walls aiicUa fill secured roof, that is affixed to a perniatient site; (2) A niajiul'aCtUred home manufactured home,"also known as a mobile home, is a structure: built on a permanent chassis. transported to its site in one or more sections, and affixed to a permanent foundation); or (3) A travel trailer without \vlicels, built on a chassis and affixed tg_2, ermanent foundation,that is regulated under the comrnupjjy:,,iflood plain management and buildigg ordinances_or laws, For the latter ourpose, "structure" does not mean a recreational vehicle ora park trailer or other similar vehicle, except as described in paragLa.ah Q , of this definition, ora as or liquid storage_ CC. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would 4&-equal t,&-or exceed 50 percent of the market value of the structure before the damage occurred, DID, "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial dame e", regardless of the actual repair work performed. The term does not, however, qclude either: ('I) Any_Liroject f'or improvement of a structure to correct existingg vmjojIAati(,�)ns of"state ()r local -y LL health, sanitarv, or safetv codes ecifications which have been idellfifised by the local code enforcement official and which are the minimum necessary to assure safe living conditions or Any alteration of a "historic structure", provided that the alteration will not preclude t ...............- .......... he........n structure's continued desigqgtion as a "historic structure". adcliticnlenntrtl tp►cvt f. sir ►ctrcwller +t lie in either: y- e n-AM,, 1i e-e*ten+a IA i ni en,.%fen true 4tfre 7 Ordinance 3224 Exhibit A Page 10 of'24 ��- �, �y-alt � t�ioc� EE. "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. FF. "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. GG. "Zone" for the purposes of this chapter means one or more areas delineated on the FIRM. The following zones may be used on the adopted FIRM. The special flood hazard area is comprised of the A and V Zones. (Ord. 3173 § 1 (Exh. A), 2017; 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 special flood hazard area(SFHA) within the jurisdiction of the e4�-City of Port Townsend. (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2161 § 3.1, 1989). 16.08.070 Basis for establishing the areas of special flood hazard. The special flood hazard area (SFHA) identified by the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for Jefferson Count Washington,ton and Incorporated Areas" dated June 7 2019 and any revisions thereto he-14ok l- insur-aaccompanying Flood Iinsurance Rate NlmapF( IRM)s, and any revisions thereto, are4s hereby adopted by reference and declared to be a part of this ordinancMiapter. The f)oodl l'load lainsurance Sstudy an(] the 1 `'l[�M are Is-on file with the city clerk at (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2854 § 1, 2004; Ord. 2161 § 3.2, 1989). 16.08.080 Violations and penalties. A. Director's Authority. Whenever the planning director 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. Chapter 1.20 PTMC 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. (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2952 § 1, 2008; Ord. 2510 § 1, 1996; Ord. 2161 § 3.3, 1989). 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 Ordinance 3224 Exhibit A Page I1 of'24 deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 3173 § 1 (Exh. A), 2017; 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. 3173 § 1 (Exh. A), 2017; 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 occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the SFHA 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. 3173 § 1 (Exh. A), 2017; Ord. 2161 § 3.6, 1989). Article IV. Administration 16.08.120 Development permit required. A. Construction or develo inentshall not be undertaken within any area rel s pecial flood hazard Sf 11A established irm Sectio l 1 .08.070 without a roval under this chapter. 1 For development where no other hermit or authorization from the City of Port Townsend is necessary to begin or to accom _lishwthe work, the approval shall be documented by issuance of a floodplain develo pment ermit. -1 o r ll Vk it lev 1 1 c �t 1 «t n �t x1 11' of t ine l bel' reenstructiec dcv l� pc et t-bc�i s withtn-tl�ti�sl�a�eil-l# rta<l•�1��-; a��l�a��c�a- i1=1-8A-�=1�#ae��a+�=��it�sl�ll-1��; % �=a1-1 elr��vell�r��e�� -�rclelr��+1�. iii-thisA al ter An application for floodplain development permit shall be processed according to the procedures for a Type I-A permit as established in Chapter 20.01 PTMC, Land Development Administrative Procedures. 2) For development where so,rne otlier permit or authorization from the City of Port Townsend is roc wired to begin or accon-iflisli the work including but not limited to development l'e'rforniecl the flood)lain development aroval shall be incorporated in such other permit or atilliorization.. B. A development project is not subject to the requirements of this chapter if it is located on land that can be shown to be outside of"tlie Special Flood Hazard Area based on a review of the Flood Insurance Rate Maps or by FEMA a)� roval of a Letter of MapCh_an e. l +'ea—and Ordinance 3224 Exhibit A Page 12 of'24 144ggi r tl ..tl k ase l c# elc�ti r . =1=1V1��+ #��1 #-rte d+��a� Via•-�1� Rt ��#'�-�� -tl� �1#e:�,�nt# r -t-1 a� 1 �� 1#bac ��a tom. e-�l ��t��st�� -1��:� �► �lr�i�° nra�# --u��# s�'� �a� ��-� �i�� ltt�-��aE aa �ta�-nd aa�a�aat-�daaa��- tl �l��pt; -��r� �l!'c�r��+eel✓i��-tl��T1�1-#- �w�tl�� t-l�a�-n��#�l'��r�-��-l� o��lila-i� �l��tc1�,�1�� r+�r� it�. ��1-4'tic=a1-=v+�l+uirr -��.-s-a�-� r�� t;:"1-1�+�,.ft�ll�� -a�° �a��an�la#cs •rf-��+�t�vi�li�� r�� itl �e�#.. #o� 4c�laaa� aat= -1 �. �� i�=tiler +��l...s�: + t��+�xu�l�-- s� -r-�>��1��fr.a��l-r•��lac�i�� -�ii�� ;��-t�� a�a1�- w�aa�l�;�.•lo�� .7�-�� li� �:sul� ta� +a�l�#�np�w� v +�� , �� tl-��u�i��t ��a��c�r#�.�--# -+;��`-t��tl� �a��1- �� '-t�c�#-#�►#i.t _p��:.i.l��!-+��__tl�e--�:�pr��t#��r�s� and itism # � lit# l� dllin-lit_ C. Habitat Assessment—When Reuired A rleveloaaxaent permit ata lication shall include a habitat assessment unless the,-prec.t is in its etitirety, one ol'tlie following activities: l .oaatiaae taaaalnketaattce cal ea> till1ti;aa cllaaaan t taal + t s not involve dirm, excavation, or filling. Removal of noxious weeds hazard Irces, and replacement of non-native ve,ggj tion with native vegetation. 3 Normal maintenance of above- grotuid utilities and facilities, such as re lacing ower—lines,and utility.poles. 4 Normal road maintenance, such as fillin _potholes, repaying, installing signs and traffic signals, but not including any expansion. Normal maintenance of a levee or other flood control facilit as rescribed in the gpearaations and naaintenance plan for the facility. Normal maintenance does not include repair from Ilood damage. any expansion of the prism, face or toe e aanasilon or the aaddikion aaf material liar lirotectiop or armor, Ordinance 3224 Exhibit A Page 13 of 24 6) Plowing and other nornial 1"i�arna )raCtiCCS (0tlICr thall IIC%V StrLICtUres or filling) on Leg a jl I arfiw additional land Ior 'I'HjCL[hUt'C Will y existi &LIgricgItural areas. Cle Li jjhejy.j:!quire a hood(lain development permil and a lit'ibitat Assessment, 7) �®rinal�maintenance, repairs, or remodeling of structures, such as re-roofjDyand _.� replacingLasidMig,provided such work is not a substantial improvement or a repair .............. of substantial damage. To comply, such work must be less than 50% of the value ofthc struCtUrC(S), AljL',\Mansion or reconstrUCIJ011 of an existing) structure that is no treater than I0% L— lwyond its existingigq1j) s Ifthe structure is in the floockNI'ly -there shah be no C11,11WIC ill tile StRICtUre's dimensions perpendicular to flow, All other federal ag(i ,state requirements and restriction.,; relating, to floodwadevelovall-ent 9)_A iyXt r enhancing natural Activities with the sole purpose of creating, restoring, o ..................... functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state.,standards, provided the .............. activities do not include structures. grading, fill, or impervious surfaces, 1LODDevelovinent ol'ol2en space and recreational facilities, such as parks, trails, and hLIIntIIhIIIIIg-gLou -inpervious SUrfaces, oi- (I not include Structures. I ll, ii removal of more than 5% of the native vj tion of the �,�Lta t i g n hat 12.1Lert the floodplain... 11)Repair to onsite septic systems. provided ground disturbance is the minimal necessary and best management practices (BMPs) to prevent stormwater runoff and soil erosion are used. 2 ects that have already received concurrence under another permit or other consultation with the Services, either through Section 7,Section 4d., or Section 10 of the Ei]LIgiv cred..S�p.ecjes Act (ESA) that addresses the entirety of the project in the (Toodolain (such as.an Anny Corps 404 permit or non-conversion Forest Practice activities including any intei-rclated and interdependent activities.). 13)Repair of an existing, functional bulkhead in the same location and footprint with the same materials when the Ordinary Flig-h Water Mark (OHWM) is still outside of the face of the bulkhead i.e. if the work qualifies for a Corps exemption from Section 404 coverage), tnideH24M",' 087-PO(J air- Ordinance 3224 Exhibit Page 14 of'24 fl-I' linlell Dns-ptM-lac lac fil`lpca�u��:tl a et rtt� tl � t fi � getati a -tl .t...poFticm � 1 tla far � l reg plat for-t s 1a tleet11-ticcpu� 7t1 tlilaltr it 11i + tl 1litet-ilact asst 1�:....:1-�� p��-e�e�=v��t�i��w�-e.la��l�ilital-�a��T r�*�tta�-��tt��t�:„ �rec�s�a�,t�uc:ti�ae�l�-acle�ig,t��ttl-+��=�.�ligil�lt�l�7�•�. 1n:ei at'ws;-�Sta� �, c l=t' ateatt rplmMsttari 11 �t�ct) 1. 1 ? " (l nwl -At117m 1 � 1. 16.08.130 Application submittal and contents. . Application for development within the special flood hazard area shall be made on forms furnished by the bu4d:ing-Qevelopnient Se¢viccs f)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 and proposed structures, fill, storage of materials, drainage facilities, impervious surfaces, and the location of the foregoing, methods of construction, location of the 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 floodproofed, certification by a registered professional engineer currently licensed in the state of Washington or architect that the floodproofing methods meet the floodproofing criteria in PTMC 16.08.170(B). This information shall be recorded on a current FEMA flood-proofing certificate; D. Unless otherwise waived by the floodplain administrator, for projects involving regrading, excavation, or filling, the site plan shall include proposed pre- and post-development terrain at five-foot contour levels and quantities of cut and fill; E. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development; Ordinance 3224 Exhibit A Page 15 of 24 F. Unless listed under PTMC 16.08.120(C) and (D), applications for projects located within the SFHA shall include a habitat impact assessment prepared in accordance with PTMC 19.05.080(I), Special Report Required. Projects within the protected area must be inherently designed to avoid adverse impacts to floodplain functions that support ESA listed species; G. The application shall include documentation that the applicant will apply for all necessary permits required by federal, state, or local law. The application shall include acknowledgment that the applicant understands that the final certificate of occupancy will be issued only if the applicant provides copies of the required federal, state, and local permits or letters stating that a permit is not required. (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2161 § 4.1-2, 1989). 16.08.140 Designation of the floodplain administrator. The planning director or his/her designee is hereby designated to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2161 § 4.2, 1989). 16.08.150 Duties and responsibilities of the floodplain administrator. Duties of the floodplain 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 all development permits to detera line if the proposed development is located in the floodwa . If located in the floodway. assure that" encroachnient_provisions 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 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 PTMC 16.08.170. C. Information to Be Obtained and Maintained. 4-.-AVhc- a-stood--e4c-vation-data- -pr.oxide hr-ough-th ko©t ns,: n,ce-s dy-or-requirt-d a° + rel c s 1 1 tl i e it a, c l tui title -1 tl�o a tial kap -bo►lt:) l vation-(l.a,-�elati a - t�a +��ex�aa��c�-l�wc�l= �l�t1�� 1�:�w�� t "1��• i shall, 1 TM reg adc�l�: � a�uaaa�a�t I�I�IA��lc�vr�tio c��ilac�«� ��e�l�a�a�cl ;��a�lc 1 ��a=X11—nor-�ulta�a�t�a�l l�ffi��p �9—flo�adl�a"��-�1� l��a�ros-��ent�a�l- ru �a"es Ordinance 3224 Exhibit A Page 16 of 24 I Where base flood elevation data is provided throw ala the FLS, FIRM or rec r.riactl yrs ira Section 16.08.1511 B alcove- obtain and record the actual `as-built elevation in relation to mean sea level) of the lowest floor (i eluding basement" of all new or substantially improved structures and whether or not the structure contains a basement. 44 CFR 60.3 b S i 2 For all new or substantially improved llttodL7Lt fe"e _nonresidential structures where base flood elevation data is_provided t arorrh the FIS FIRM or as required in Section 16.08.150 B above: i Obtain and record the elevation in relation to mean sea level to which the structure was flood roofed. 44 CFR 60.3 b S ii ii) Maintain the floodproofing certifications required in Section 16.08.170.13l4< „ CT7 603f'b)(5)Oh))_ 3 Maintain for public inspection all records ertainin to therov�isions cal"this ordinance. 44 CT'R CT' 60 . la ii straroaureras-14004pfoo d +rail-- la-Ma-intiaiitii (I--inP-TMG46-.I'),:P rinrtrin11ic-irati ;rn all-rls pertairi � tlIrrinsl ttllaltt D.Notification to Other Entities 1. Alteration of Watercourses. 4-a.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. -2b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. . Changes to Special Flood Hazard area: Submit new technical data to Federal Insurance Administrator. A community's base flood elevations raiay in�.rctitse or decrease res.11 tin 11-orn ph sisal clean gel affec�oodira conditions. As soon but not later than six months after the date such information becomes available the tart "s flog xrin administrator slILILligLH the JAecicral lnstirance A(Irninistrator of*the c.haD i:) ,st�bnii[tirag_tLc�qlanical or scientific„data in accordance with Volunae 44 Code of Federal Regulations Sectigii 65.3. Strcla tt sw.rbraaission is rreccssar so that Lr cora confirmation o those physical clean ges affecting flooding conditions risk aremium mates and floodplain management res uirenierats will be based uraon current data. Ordinance 3224 Exhibit A Page 17 of 24 E. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the SFHA (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. (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2854 § 2, 2004; Ord. 2161 § 4.3, 1989). 16.08.155 Variances A. Variances from the provisions of this Chapter shall be the minimum necessary and may onl be issued for functionall de.endeaat uses aas del�a�ccl in dais C:Iaaa tea. B. Procedure—Variance a. lications shall be submitted on forms provided by the director aac,conmanied by the �I lt able fee. Variances shall be processed as a Type II permit application„ according to the procedures in Cha ter 20.01 PTMC and shall satisf thea royal criteria of this Section.- C. Approval Criteria. The dccisionanaker ipav approve or approve with modifications an as)plicatioaa for a variance from the �rrovisions of"this Cl�ya��te��pon making the Following affirmative fiawcfiat �s; 1. The use is a Functionally Dependent Use, as defined in this Chapter, which requires a variance in order to perform its intended purpose. The structure or other development will be protected by methods that minimize flood daana ges during the base flood and create no additional threats to 1XIblic safctv. 1 Granting„ Of'as Variance will not result in increased flood heights additional threats, to public safeg, extraordinary aublic expense, create nuisances cause fraud on or victimization of the )aabl oiL onflict with existing local laws or ordinwices; 3. The variance is the minimum_necessary, considering the flood hazard to afford relief. Where feasible methods to meet the floodplain management requirements have been incorporated (e.g, we( f ood prool ng techniques installia�g�l'lood claniaa ,e-resistan�t nugterials, eleyaatia as cglaaamaicaal ccI'ui ament locating offices above the 13FE, Using ground fault circuit interrupters or develo in an emergency lan to remove contents before a flood). 4. The applicant has demonstrated good and sufficient cause' 5, Failure to grant the variance would result in exceptional hardship to the applicant, 6 I1' the proposal is within a floodway, no increase in flood levels during the base flood. discharge would result. D. Variance Conditions. Any applicant to whom a variancee is granted shall be given written notice that the issuance of a Ordinance 3224 Exhibit A Page 18 of'24 variance to construct a structure below the base flood level will result in increased premium rates for flood insurance un to amounts as high as $25 for $100 of insurance coverage and such construction below the base flood level increases risks to life andprgp -t gi_y Ilalla -Irsa #+ta 1, 1= _ (Ord. 3173 § I (Exh. A), 2017). Article V. Provisions for Flood Hazard Reduction 16.08.160 General standards. In all special flood hazard areas (SFHA), 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 water from entering or accumulating within the components during conditions of flooding. Locatfiig suell eQjai ppent below the base flood elevation may ca Lase allilUal Ilood insuranceprLan�iijns to be increased, C. Utilities. Ordinance 3224 Exhibit A Page 19 of'24 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; 2. Water wells shall be located on high ground that is, not in the floodwayL, 32.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 4-3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Division. The follp�wjjjg gand ply to gIJ subdivision proposgis and other develoPment where 50 or more lots are beim) created or the irojecl includes 5 or more acres, 1. All subdi-N4-sioo-land shall be consistent with the need to minimize flood damage; 2. All stibdivision-land divisionspitop<)-sals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 3. All divisions roposia1s 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 16.08.150(B)), 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. 3173 § I (Exh. A), 2017; Ord. 2161 § 5.1, 1989). 16.08.170 Specific standards. In all special flood hazard areas (SFHAs)where base flood elevation data has been provided as set forth in PTMC 16.08.070 or 16.08.150(B), the following provisions are required: A. Residential Construction. (For n1anUf',1C(UrCd homes see I-. ol'this-,Sect.ion)., 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one4*mwo feet or more above base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding shall be used only for parking, storage, or building access and shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Ordinance 3224 Exhibit A Page 20 of 24 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 be: 1. F,levated. a. H--have the lowest floor, including basement, elevated one fee two feet or more above the level of the base flood elevation; and b.Nonresidential structures that are elevated, not flood roofed mustmeetthe same standards for sl2ace below the lowest fluor as described in subsection A)(221 of this section'_ or,te,>gtlith at� rlut crtlity-araa �itartilit+els11 . 2. Floodroofed ']'he sstructure together with attendant utility and sanit ray ('acilities, shall: a. 4-Be floodproofed so that below two feet one feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; -2b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; -3c. 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); ewile�aialtrctur� l ► tltl'c1p1e 1 -�usel4 - aye- 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'. ReL wire adeQ nate drainage paths arOLIII I structures on SIQJ)cs to Iuidc floodwaters around and away from proposed structures. DQ 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 Ordinance 3224 Exhibit A Page 21 of 24 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. ED. Manufactured Homes. All manufactured homes to be placed or substantially improved within 4t(-Sl� IA on the community's FIRM shall I le ate l have the lowest floor dricluding basement) elevated two-feet or more above the base flood elevation s e_cifled pan the FIRM at least two-feet above the highest, rade adjacent to the structure if no BFE is specified),; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of PTMC 16.08.160(A)(2). (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2854 § 3, 2004; Ord. 2161 § 5.2, 1989). 16.08.175 Recreational vehicles. Recreational vehicles placed within the FUJ "s+te-.1 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. 3173 § 1 (Exh. A), 2017; Ord. 2854 § 4, 2004). 16.08.176 Small structures. A building that is no larger than 500 square feet and is not used for human habitation may be exempt from the elevation requirement of this chapter, provided: A. It is used only for parking or storage; B. It is constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters; C. It is anchored to prevent flotation which may result in damage to other structures; D. All portions of the structure below the FTC—BFE must be constructed of flood-resistant materials; E. t1 wty._M xl9��nua or ae tai )meat servicing the sty°tic tm�t se +i rail+ti such as electrical and heating equipments must be elevated or flood proofed to or above the BFE this ehaptef; F. It has openings to allow free flowage of water that meet the criteria of this chapter; Ordinance 3224 Exhibit A Page 22 of'24 G. The project meets all the other requirements of this chapter. (Ord. 3173 § 1 (Exh. A), 2017). 16.08.180 Floodways. Repealed by Ord. 2854. (Ord. 2161 § 5.3, 1989). 16.08.190 Wetlands management. Repealed by Ord. 3173. (Ord. 2161 § 5.4, 1989). 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. 3173 § 1 (Exh. A), 2017; Ord. 2161 § 5.5, 1989). 4108;M",4an•dtvrd."Ai"sha low ot11 1� s w`A t�lel�rtl�s�i �tl�e�e-gnu= r-an�� r ��e--t��tl-ire-1`�t-��la��r��cl-w-3��a+ -� a�l'ef�r�e�ll�eielent-- ��111+T��od ars-�vi�io��s*apll +:w-��a sl)eeVi "'w44404-( "+ a.44 e�- ��1�e�°��t1��-hill�es�-;g�-acletlj��e+ n� llew-eof4 � itdtlstttilrl�ryrvrye� �trtr�reile� tist�u+ttsilli -Ana shall either:. �1--114ave-tl� -l��wwe�t� c��+��:l��al a��-1�� e+��+e��t�-ele ��ed-- ��e-lgh+ ,�=1:t��t-gr �le-�.�1•:: ab��lia�-1�1 �a�t-�at��l��l�l��l��t�ll-is-�ta�+ght-witl� all��l��star�ti.a.#ly-. 1rse;dl� t1 �aatr� �l�t ;tc � 1 ealaner1 �++ ticalalillty��se�e��a� l�l'�away--l (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2161 § 5.6, 1989). Ordinance 3224 Exhibit A Page 23 of 24 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 two feet one- t 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 subsections (A)(1) and (2) of this section. 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 V 1-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 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 Ordinance 3224 Exhibit A Page 24 of 24 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 manrnade alteration of sand dunes which would increase potential flood damage. (Ord. 3173 § 1 (Exh. A), 2017; Ord. 2161 § 5.7, 1989). 16.0 .2 0 Severability. IF"arra Section, ^'.sentence or phrase o this clic er is held to be invalid Or U11COnStittalional.... by cowl rrl"coni etent jurisdiction then the Boldin:, shell in no way affect the validit q lk reniaining portions of this cha-ster.