016-05 - Ordinance - Amending Chapter 15.38 Flood Damage PreventionNOTICE 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 25, 2005.
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AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 15.38
REGARDING "FLOOD DAMAGE PREVENTION".
Copies of Ordinance No. 016-05 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. 016-05 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
August 3, 2005
Ki€saplegals C?soundpublisiiing.cojn
ORDINANCE NO. 016-0:5
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 15.38
REGARDING "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 law and to ensure the City's residents qualify
for the National Flood Insurance Program; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
follows:
SECTION 1. Port Orchard Municipal Code Section 15.38.060 is AMENDED as
15.38.060 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration
in a scientific and engineering report entitled "The Flood Insurance Study for the City
of Port Orchard," dated may, 1979, and any revisions thereto, with accompanying
Flood Insurance Maps is adopted by reference and declared to be a part of this
chapter. The Flood Insurance Study is on file at the City Clerk's office; 216 Prospect
Street, Port Orchard, WA 98366.
SECTION 2. Port Orchard Municipal Code Section 15.38.110 is AMENDED by adding
the following new subsection:
15.38.110 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.
(1) "Appeal" means a request for a review of the city engineer'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. 016-05
Page 2 of 5
(4) "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,
installations which produce, use or store hazardous materials or hazardous
waste.
(5) "Base flood" means the flood having a one percent chance of being equated
or exceeded in any given year. Also referred to as the "100-year flood."
Designation on maps always includes the letters A or V.
(6) "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 located
within the area of special flood hazard.
(7) "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.
(8) "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.
(9) "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
(10) "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.
(11) "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).
(12) "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
Ordinance No. 016-05
Page 3 of 5
"manufactured home" does not include park trailers, travel trailers and other
similar vehicles.
(13) „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.
(14) "New construction" means structures for which the "start of construction"
commenced on or after the effective date of the ordinance codified in this
chapter.
(15) "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 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; not 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.
(16) "Structure" means a walled and roofed building including a gas or liquid
storage tank that is principally above ground.
(17) "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 comply with existing
state or local health, sanitary or safety code specifications which are solely
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.
(18) "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.
Ordinance No. 016-05
Page 4of5
(19) "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.
(20) "Recreational Vehicle" means a vehicle
(a) built on a single chassis;
(b) 400 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 a
temporary living quarters for recreational, camping, travel, or seasonal use.
SECTION 3. Port Orchard Municipal Code Chapter 15.38 is AMENDED by adding the
following new section:
follows
15.38.335 Recreational Vehicles.
Recreational vehicles placed on sites are required to either:
(a) be on the site for fewer than 100 consecutive days;
(b) be fully licensed and ready for highway use, on wheels or jacking
system, attached to the site only by quick disconnect utilities and security
devices, and have no permanently attached additions; or
(c) meet the requirements of Section 15.38.330 above and the elevation
and anchoring requirements for manufactured homes.
SECTION 4. Port Orchard Municipal Code Section 15.38.340 is AMENDED as
15.38.340 Hoodways.
Located within areas of special flood hazard established in POMC 15.38.060 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:
(1) Prohibit encroachments, including fill, new construction, substantial
improvements and other development unless certification by a registered
professional engineer or architect is provided demonstrating through
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:
(1) Before the repair, reconstruction or improvement is started; or
Ordinance No. 016-05
Page 5 of 5
(ii) If the structure has been damaged, and is being restored, before
the damage occurred.
Work done on structures to comply with existing health, sanitary or safety
codes or to structures identified as historic places shall not be included in the
50 percent.
(3) If subsection (1) 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.
SiECTIUN 5. 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 the Mayor and
attested by the Clerk in authentication of such passage this 25t' day of July 2005.
ATTEST:
Carol Etgen, City Clerk
APPROVED AS OR
City orney
KIM E. ABEL, MAYOR
Sponsored. by:
Tood Cramer; Cduncilman