015-13 - Ordinance - Amending Chapter 15.38 Flood Damage PreventionIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: July 23, 2013
Adopted: July 23, 2013
ORDINANCE NO. 015-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 15.38,
FLOOD DAMAGE PREVENTION
WHEREAS, The City of Port Orchard has adopted regulations regarding flood
damage prevention in order to minimize public and private losses due to flood conditions as
set forth in Port Orchard Municipal Code Chapter 15.38; and
WHEREAS, from time to time, it is necessary to update and amend Chapter 15.38
in order to remain fully compliant with state and federal laws and to insure the City's
residents qualify for the National Flood Insurance Program; and
WHEREAS, on September 6, 2012, the City's Development Director met with
representatives from the Department of Ecology in order to review the City's Flood Damage
Prevention Ordinances for conformance with state and federal laws; and
WHEREAS, on February 21, 2013 the Department of Ecology provided a
Community Assistance Visit (CAV) Report indicating which sections of POMC 15.38 were
not deemed in compliance the National Flood Insurance Program (NFIP); now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. Chapter 15.38 "Flood Damage Prevention" of the Port Orchard
Municipal Code is hereby amended by adding a new section 15.38.045 as follows:
15.38.045 FIRM Zones AE and Al-30 with base flood elevations but
no floodways.
In areas with base flood elevations (but a regulatory floodway has not
been designated), no new construction, substantial improvements, or other
development (including fill) shall be permitted within Zones A1-3o andAE on
Ordinance No.015-13
Page 2 of u
the community's FIRM, unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing and
anticipated development will not increase the water surface elevation of the
base flood more than one foot at any point within the community.
Section 2. Port Orchard Municipal Code Section 15.38.o6o is hereby amended as follows:
15.38.o6o Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood
Insurance Study for the Kitsap County, Washington and Incorporated Areas,"
dated November 4, 2oio, and any revisions thereto, with accompanying
Flood Insurance Maps, is adopted by reference and declared to be a part of
this chapter. The best available information for flood hazard area
identification as outlined in POMC 15.38.170 shall be the basis for new
regulation until a new FIRM is issued that incorporates data utilized under
POMC 15.38.170. The Flood Insurance Study is on file at the city clerk's
office: 216 Prospect Street, Port Orchard, WA 98366.
SECTION 4. Port Orchard Municipal Code Section 15.38.110 is hereby amended
as follows:
15.38.110 Definitions.
Unless specifically defined in this section, words or phrases used in this
chapter shall be interpreted so as to give them the meanings they have in
common usage and to give this chapter its most reasonable application.
(r) "Appeal" means a request for a review of the city building official's
interpretation of any provision of this chapter or a request for a variance.
(2) "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.
(3) "Area of special flood hazard" means the land in the floodplain within
a community subject to a one percent or greater chance of flooding in any
given year. Designation on maps always includes the letters A or V.
Ordinance No.015-13
Paee,A of 11
(4) "Base flood" means the flood having a one percent chance of being
equated or exceeded in any given year. Also referred to as the "too -year
flood." Designation on maps always includes the letters A or V.
(5) "Basement" means any area of the building having its floor sub -grade
(below ground level) on all sides.
(6) "Breakaway Wall" means a wall that is not 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 structure.
(7) "Coastal High Hazard Area" means an area of special flood hazard
extending from offshore to the inland limit of a primary frontal dune along an
open coast and any other area subject to high velocity wave action from
storms or seismic sources. The area is designated on the FIRM as Zone V1-30,
VE or V.
(8) "Critical facility' means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire and emergency response
installations, and installations which produce, use or store hazardous
materials or hazardous waste.
(g) "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, drilling
operations or storage of equipment or materials located within the area of
special flood hazard.
(io) "Elevated Building" means for insurance purposes, a non -basement
building that has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
(11) "Elevation Certificate" means the official form (FEMA Form 81-31)
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.
(12) "Existing Manufactured Home Park or Subdivision" means a
manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are affixed
Ordinance No.015-13
Page 4 of 11
(including, at a minimum, the installation of utilities, the construction of
street, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted floodplain management
regulations.
(13) "Expansion to an Existing Manufactured Home Park or Subdivision"
means the preparation of additional sites by the construction of facilities for
servicing lots on which manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either the final site
grading or the pouring of concrete pads).
(14) "Flood" or "flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of surface waters
from any source.
(15) "Flood Insurance Rate Map (FIRM)" means the official map on which
the Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
(16) "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.
(17) "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.
(18) Increased Cost of Compliance" means a flood insurance claim
payment up to $3o,000 directly to a property owner for the cost to comply
with floodplain management regulations after a direct physical loss caused by
a flood. Eligibility for an ICC claim can be through a single instance of
"substantial damage" or as a result of "cumulative substantial damage."
(19) "Lowest floor" means the lowest floor of the lowest enclosed areas
(including 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 non elevation design requirements of this chapter found in POMC
15.38.300(2).
Ordinance No.015-13
Page 5 of 11
(20) "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 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.
(21) "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.
(22) "New construction" means structures for which the start of
construction commenced on or after the effective date of the ordinance
codified in this chapter.
(23) "Start of construction" includes substantial improvements, and
means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, placement or other improvement was
within i8o 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 streets 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. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor or
other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
(24) "Structure" means a walled and roofed building, including a gas or
liquid storage tank that is principally above ground.
(25) "Substantial Damage" means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed fifty percent of the market value of the
structure before the damage occurred.
Ordinance No.015-13
Paee 6 of ii
(26) "Substantial improvement' means any repair, reconstruction or
improvement of a structure the cost of which equals or exceeds 50 percent of
the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) 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:
(a) Any project for improvement of a structure to correct pre -cited
existing violations of state or local health, sanitary, or safety code
specifications which have been previously identified by the local code
enforcement official and which are the minimum necessary to assure safe
living conditions; or
(b) Any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
(27) "Variance" 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.
(28) "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.
(29) "Recreational vehicle" means a vehicle:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest
horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light
duty truck; and
(d) Designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or seasonal use.
SECTION r;, Port Orchard Municipal Code Section 15.38.26o is hereby amended
as follows:
15.38.26o Utilities.
Ordinance No.015-13
Paae 7 of 11
(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;
(3) On -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding; and
(4) Water wells shall be located on high ground that is not in a floodway.
SECTION 6. Port Orchard Municipal Code Section 15.38.320 is hereby amended as
follows:
15.38.320 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 or to the height of the 50o-year
flood, whichever is higher. Access to and from the critical facility should also
be protected to the height utilized above. Floodproofing and sealing measures
must be taken to insure 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.
SECTION . Port Orchard Municipal Code Section 15.38.340 is hereby amended as follows:
15.38.340 Floodways.
Located within areas of special flood hazard established in POMC
15.38.o6o are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters which carry
debris, potential projectiles and erosion potential, the provisions in this
section apply.
(i) Prohibit encroachments, including fill, new construction, substantial
improvements and other development, unless certification by a registered
professional engineer or architect is provided demonstrating through
Ordinance No.015-13
Paee 8 of 11
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited
within designated floodways, except for:
(a) Repairs, reconstruction or improvements to a structure which do
not increase the ground floor areas; and
(b) Repairs, reconstruction or improvements to a structure the cost of
which does not exceed 50 percent of the market value of the structure either:
(i) Before the repair, reconstruction or improvement is started; or
(h) If the structure has been damaged and is being restored, before
the damage occurred. Any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions,
or to structures identified a historic places, may be excluded in the fifty
percent.
Work done on structures to comply with existing health, sanitary or safety
codes or to structures identified as historic places shall not be included in the
50 percent.
(3) If subsection (i) of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article V of this chapter, Provisions for Flood Hazard
Reduction.
SECTION 8. Chapter 15.38 "Flood Damage Prevention" of the Port Orchard Municipal
Code is hereby amended by adding a new section 15.38.36o as follows:
15.38.36o Coastal high hazard areas.
Located within areas of special flood hazard established in POMC
15.38.o6o are Coastal High Hazard Areas, designated as Zones V1-30, 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 ordinance, the following provisions shall also apply:
(1) All new construction and substantial improvements in Zones V1-30
and VE (V if base flood elevation data is available) on the community's FIRM
shall be elevated on pilings and columns so that:
(a) The bottom of the lowest horizontal structural member of the
Ordinance No.015-13
Paee 9 of ii
lowest floor (excluding the pilings or columns) is elevated one foot or more
above the base flood level; and
(b) 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 (ioo-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
POMC 15.38.36o(i)(i) and (ii).
(2) 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 Vi-30,
VE, and V on the community's FIRM and whether or not such structures
contain a basement. The cityshall maintain a record of all such information.
(3) All new construction within Zones Vi-30, VE, and V on the
community's FIRM shall be located landward of the reach of mean high tide.
(4) Provide that all new construction and substantial improvements
within Zones VI-30, VE, and V on the community's FIRM have the space
below the lowest floor either free of obstruction or constructed with non -
supporting 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 purposes of this section, a
breakaway wall shall have a design safe loading resistance of not less than io
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 design
proposed meets the following conditions:
(a) Breakaway wall collapse shall result from water load less than that
which would occur during the base flood; and
(b) 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 non-structural). Maximum wind and
water loading values to be used in this determination shall each have a one
Ordinance No.015-13
Paee 10 of 11
percent chance of being equaled or exceeded in any given year (too -year
mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be useable solely for
parking of vehicles, building access, or storage. Such space shall not be used
for human habitation.
(5) Prohibit the use of fill for structural support of buildings within Zones
V1-30, VE, and V on the community's FIRM.
(6) Prohibit man-made alteration of sand dunes within Zones V1-30, VE,
and V on the community's FIRM which would increase potential flood
damage.
(7) All manufactured homes to be placed or substantially improved within
Zones V1-30, V, and VE on the community's FIRM on sites:
(a) Outside of a manufactured home park or subdivision,
(b) In a new manufactured home park or subdivision,
(c) In an expansion to an existing manufactured home park or
subdivision, or
(d) In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a
flood;
shall meet the standards of POMC 15.38.36o(1) through (6) of this section
and manufactured homes placed or substantially improved on other sites in
an existing manufactured home park or subdivision within Zones V1-30, V,
and VE on the FIRM shall meet the requirements of POMC 15.38.330•
(8) Recreational vehicles placed on sites within Zones V1-3o, V, and VE on
the community's FIRM either:
(a) Be on the site for fewer than 18o consecutive days, or
(b) Be fully licensed and ready for highway use, on its wheels or jacking
system, 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 POMC 15.38.120 (development permit
required) and POMC 15.38.36o (1) through (6).
SECTION e. If any section, 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 of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Ordinance No.015-13
Page a of ii
SECTION io. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by themayor
and attested by the City Clerk in authentication of such passage this 3 day of
3 ml) 2013.
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
Gregory kjoby, i Attorney
Timothy C. Matthes, Mayor
Sponsored by:
Rob Pu aansuu, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held July 23, 2013.
ORDINANCE NO. 015-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD
MUNICIPAL CODE CHAPTER 15.38, FLOOD DAMAGE
PREVENTION
Copies of Ordinance No. 015-13 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 015-13 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
July 26, 2013