055-21 - Ordinance - Revisions to Chapter 20.170 Flood Damage PreventionORDINANCE NO. 055-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
REVISIONS TO CHAPTER 20.170 (FLOOD DAMAGE PREVENTION) OF THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted ordinance 019-17
establishing a new unified development code (Title 20 POMC), including Chapter 20.170
(Flood Damage Prevention); and
WHEREAS, the City may adopt amendments to the City's development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, on May 19, 2021, the state Department of Ecology provided the City with
recommended revisions to Chapter 20.170, to bring it into compliance with current state and
federal regulations and City codes; and
WHEREAS, on October 14, 2021, the City submitted to the Department of Commerce a
60-day request for review of the proposed revisions to Chapter 20.170, pursuant to RCW
36.70A.106(3)(b); and
WHEREAS, on October 21, 2021, the City's SEPA official issued a determination of non -
significance for the proposed revisions to Chapter 20.170, and there have been no appeals;
and
WHEREAS, on October 21, 2021, the City Council's Land Use committee reviewed the
proposed revisions to Chapter 20.170, and directed staff to bring an ordinance to the full
Council for review; and
WHEREAS, on November 2, 2021, the Planning Commission held a duly -noticed public
hearing on the proposed adoption of revisions to Chapter 20.170, and did not receive public
testimony, and the Planning Commission recommended approval of the proposed adoption;
and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission and the Ordinance, finds that this Ordinance is consistent with the
City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that the amendments herein are in the best interests of the
residents of the City and further advance the public health, safety and welfare; now,
therefore,
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THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Chapter 20.170 POMC is revised to read as follows:
Sections:
Chapter 20.170
FLOOD DAMAGE PREVENTION
Article I. General Provisions
20.170.010 Statutory authorization.
20.170.020 Findings of fact.
20.170.030 Statement of purpose.
20.170.040 Methods of reducing flood losses.
20.170.045 FIRM zones AE and Al-30 with base flood elevations but no floodways.
20.170.050 Lands to which this chapter applies.
20.170.060 Basis for establishing the areas of special flood hazard.
20.170.070 Penalties for noncompliance.
20.170.080 Abrogation and greater restrictions.
20.170.090 Interpretation.
20.170.100 Warning and disclaimer of liability.
Article II. Definitions
20.170.110 Definitions.
Article III. Administration
20.170.120 Development permit required.
20.170.130 Application for development permit.
20.170.140 Designation of the Floodplain administrator.
20.170.150 Duties and responsibilities of the director.
20.170.160
Permit review.
20.170.170
Use of other base flood data.
20.170.180
Information to be obtained and maintained.
20.170.190
Alteration of watercourses.
20.170.200
Interpretation of FIRM boundaries.
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Article IV. Flood Damage Prevention Variances and Appeals
20.170.210 Flood damage prevention variances
20.170.220 Conditions for flood damage prevention variances.
Article V. Provisions for Flood Hazard Reduction
20.170.230 General standards.
20.170.240 Anchoring.
20.170.250 Construction materials and methods.
20.170.260 Utilities.
20.170.270 Subdivision proposals.
20.170.280 Review of building permits.
20.170.290 Specific standards.
20.170.300 Residential construction.
20.170.310 Nonresidential construction.
20.170.320
Critical facility.
20.170.330
Manufactured homes.
20.170.335
Recreational vehicles.
20.170.340
Floodways.
20.170.350
Wetlands management.
20.170.360
Coastal high hazard areas.
Article I. General Provisions
20.170.010 Statutory authorization.
The Legislature of the state of Washington has in RCW Title 35 delegated the responsibility to
local governmental units to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore, the city council of the city does ordain as follows
in this chapter.
20.170.020 Findings of fact.
(1) The flood hazard areas of the city 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.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards 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.
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20.170.030 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:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
20.170.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) 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;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters,
(4) Controlling filling, grading, dredging and other development which may increase flood
damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in other areas.
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20.170.045 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 Al-30 and AE on 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.
20.170.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
20.170.060 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 Kitsap County,
Washington and Incorporated Areas," dated February 3, 2017, 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
20.170.170 shall be the basis for new regulation until a new FIRM is issued that incorporates
data utilized under POMC 20.170.170. The flood insurance study is on file at the city clerk's
office: 216 Prospect Street, Port Orchard, WA 98366.
20.170.065 Compliance
All development within special flood hazard areas is subject to the terms of this chapter and
other applicable regulations.
20.170.070 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered
without full compliance with the terms of this chapter and other applicable regulations.
Violation of the provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with
any of its requirements shall upon conviction thereof be fined not more than $500.00 or
imprisoned for not more than 180 days, or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the city from
taking such other lawful action as is necessary to prevent or remedy any violation.
20.170.080 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or repair any existing easements, covenants,
or deed restrictions. However, where this chapter and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
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20.170.090 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
20.170.100 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 areas of special flood hazards 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, 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.
20.170.105 Severability
This ordinance and the various parts thereof are hereby declared to be severable. Should any
Section of this ordinance be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any portion thereof other
than the Section so declared to be unconstitutional or invalid.
Article II. Definitions
20.170.110 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.
(1) "Alteration of watercourse" means any action that will change the location of the channel
occupied by water within the banks of any portion of a riverine waterbody.
(2) "Appeal" means a request for a review of the Director's interpretation of any provision of
this chapter or a request for a variance.
(3) "Area of shallow flooding" means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a
community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
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(4) "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. It is shown on the Flood
Insurance Rate Map (FIRM) as zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "Special
flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".
(5) "ASCE 24" means the most recently published version of ASCE 24, Flood Resistant Design
and Construction, published by the American Society of Civil Engineers.
(6) "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.
(7) "Base Flood Elevation (BFE)" means the elevation to which floodwater is anticipated to rise
during the base flood.
(8) "Basement" means any area of the building having its floor sub -grade (below ground level)
on all sides.
(9) "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.
(10) "Coastal flood risk area" means the area of flood hazard subject to inundation from the
coastal waters of Sinclair Inlet. Coastal BFEs are calculated along transects extending from
offshore to the limit of coastal flooding onshore.
(11) "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.
(12) "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.
(13) "Director" means, for the purposes of this chapter, the city's community development
director as provided in POMC 2.08.060.
(14) "Elevated building" means, for insurance purposes, a nonbasement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers,
pilings, or columns.
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(15) "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.
(16) "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 (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted floodplain management regulations.
(17) "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).
(18) "Flood or Flooding" means
1) A general and temporary condition of partial or complete inundation of normally dry
land areas from:
a) The overflow of inland or tidal waters.
b) The unusual and rapid accumulation or runoff of surface waters from any source.
c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
paragraph (1)(b) 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 along the path of the current.
2) The collapse or subsidence of land along the shore of a lake or other body of water 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 surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph (1)(a) of this definition. (19) "Flood elevation study"
means an examination, evaluation and determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination of
mudslide (i.e., mudflow) and/or flood -related erosion hazards. Also known as a Flood Insurance
Study (FIS).
(20) "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance
Administrator has delineated both the areas of special flood hazards and the risk premium
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zones applicable to the community. A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map (DFIRM).
(21) "Floodplain administrator" means the community official designated by title to administer
and enforce the floodplain management regulations.
(22) "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 a designated height. Also referred to as "Regulatory
Floodway."
(23) "Functionally dependent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, and does not include long term storage or related
manufacturing facilities.
(24) "Flood proofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate risk of flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their contents.
Flood proofed structures are those that have the structural integrity and design to be
impervious to floodwater below the Base Flood Elevation.
(25) "Habitat Assessment" means a written document that describes a project, identifies and
analyzes the project's impacts to habitat for species discussed in the "Endangered Species Act
Section 7 Consultation Final Biological Opinion and Magnuson -Stevens Fishery Conservation
and Management act Essential Fish Habitat Consultation for the Implementation of the
National Flood Insurance Program in the State of Washington, Phase One Document — Puget
Sound Region," and provides an Effects Determination.
(26) "Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(27) "Historic structure" means any structure that is:
1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
2) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
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3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a) By an approved state program as determined by the Secretary of the Interior;
or
b) Directly by the Secretary of the Interior in states without approved programs.
(28) "Increased cost of compliance" means a flood insurance claim payment up to $30,000
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."
(29) "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 nonelevation design requirements of this chapter found in POMC 20.170.330(2).
(30) "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.
(31) "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.
(32) "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the
vertical datum to which Base Flood Elevations shown on a community's Flood Insurance Rate
Map are referenced.
(33) "New construction" means structures for which the start of construction commenced on or
after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such structures. (34)
"Recreational Vehicle" means a vehicle:
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1) Built on a single chassis;
2) 400 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 not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(35) "Riverine flood risk area" means the area of flood hazard subject to inundation from
riverine sources. Riverine BFEs are determined using cross sections. Between cross sections,
BFEs are interpolated using flood profiles as described in the Flood Insurance Study.
(36) "Start of construction" includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days of the permit
date. The "actual start" means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of 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.
(37) "Structure" means a walled and roofed building, including a gas or liquid storage tank that
is principally above ground, as well as a manufactured home.
(38) "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 50
percent of the market value of the structure before the damage occurred.
(39) "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 damage," regardless of the actual repair work
performed. The term does not, however, include either:
1) Any project for improvement of a structure to correct previously identified existing
violations of state or local health, sanitary, or safety code specifications that have been
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identified by the local code enforcement official and that are the minimum necessary to
assure safe living conditions; or
2) Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure." (40) "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.
(41) "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.
Article III. Administration
20.170.120 Development permit required.
A development permit shall be obtained before construction or development begins within any
area of special flood hazard established in POMC 20.170.060. The permit shall be for all
structures including manufactured homes, as set forth in POMC 20.170.110, Definitions, and for
all development including fill and other activities, also as set forth in POMC 20.170.110.
20.170.130 Application for development permit.
Application for a development permit shall be made on forms furnished by the Director 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 or proposed structures,
fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the
following information is required:
(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures recorded on a current elevation certificate with Section B completed by the
Floodplain Administrator;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in POMC 20.170.340;
(4) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development;
(5) Where development is proposed in a floodway, an engineering analysis indicating no rise of
the Base Flood Elevation; and
(6) Any other such information that may be reasonably required by the Floodplain
Administrator in order to review the application.
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20.170.140 Designation of the Floodplain Administrator.
The Director is appointed to administer and implement this chapter by granting or denying
development permit applications in accordance with its provisions. The Director may delegate
authority to implement these provisions.
20.170.150 Duties and responsibilities of the Director.
Duties of the Director or designee shall include but not be limited to those in POMC 20.170.160
through 20.170.230.
20.170.160 Permit review.
The Director shall:
(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 determine that the site is reasonably safe from flooding.
(4) Review all development permits to determine if the proposed development is located in the
floodway. If located in the floodway, assure that the provisions of POMC 20.170.400 are met.
(5) Notify FEMA when annexations occur in the Special Flood Hazard Area.
20.170.170 Use of other base flood data.
When base flood elevation data has not been provided in accordance with POMC 20.170.060,
Basis for establishing the areas of special flood hazard, the Director 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 POMC 20.170.290 through 20.170.360, Specific standards,
and 20.170.400, Floodways.
20.170.180 Information to be obtained and maintained.
The Director shall:
(1) Where base flood elevation data is provided through the flood insurance study or required
as in POMC 20.170.170, obtain, and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement.
(2) For all new or substantially improved flood proofed nonresidential structures where base
flood elevation data is provided through the FIS, FIRM, or as required in POMC 20.170.170:
(a) Obtain and maintain a record of the actual elevation (in relation to mean sea level); and
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(b) Maintain the floodproofing certifications required in POMC 20.170.130(3).
(3) Certification required by POMC 20.170.400 (floodway encroachments).
(4) Records of all variance actions, including justification for their issuance.
(5) Improvement and damage calculations. (6) Maintain for public inspection all records
pertaining to the provisions of this chapter.
20.170.190 Alteration of watercourses.
The Director shall:
(1) Notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse and submit evidence of such notification to the Federal Insurance
Administration.
(2) Require that maintenance is provided within that altered or relocated portion of said
watercourse so that the flood -carrying capacity is not diminished.
20.170.200 Interpretation of FIRM boundaries.
The Director shall make interpretations where needed as to exact location of the boundaries of
the areas of special flood hazard (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in
Article IV of this chapter.
20.170.210 Review of building permits.
Where elevation data is not available either through the flood insurance study or from another
authoritative source (POMC 20.170.170), 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 high insurance rates.
20.170.220 Changes to Special Flood Hazard Area
If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall
provide the community with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally require a Letter of
Map Change, then the project approval shall be conditioned accordingly.
20.170.230 Habitat Assessment —When Required
A development permit application shall include a habitat assessment unless the project is, in its
entirety, one of the following activities:
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1) Normal maintenance, repairs, or remodeling of structures, such as re -roofing and replacing
siding, 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 of the structure(s).
2) Expansion or reconstruction of an existing structure that is no greater than 10% beyond its
existing footprint. If the structure is in the floodway, there shall be no change in the structure's
dimensions perpendicular to flow. All other federal and state requirements and restrictions
relating to floodway development still apply.
3) Activities with the sole purpose of creating, restoring, or enhancing natural 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.
4) Development of open space and recreational facilities, such as parks, trails, and hunting
grounds, that do not include structures, fill, impervious surfaces, or removal of more than 5% of
the native vegetation on that portion of the property in the floodplain.
5) 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.
6) Projects 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 Endangered Species
Act (ESA) that addresses the entirety of the project in the floodplain (such as an Army Corps 404
permit or non -conversion Forest Practice activities including any interrelated and
interdependent activities.).
7) Repair of an existing, functional bulkhead in the same location and footprint with the same
materials when the Ordinary High 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).
Article IV. Flood Damage Prevention Variances and Appeals
20.170.235. Variances and Appeals — Type III Procedures. Permits issued by the Director under
this Chapter are appealable under POMC 20.170.240. Applications for variances from the
provisions in this Chapter shall utilize the process and the criteria in POMC 20.170.250 in lieu of
the requirements of POMC 20.28. Both appeals and variances hereunder shall be processed per
the Type III procedures contained in POMC 20.22.050. The Director shall maintain the records
of all appeal actions and report any variances to the Federal Insurance Administration upon
request.
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20.170.240 Appeal of Permits Under this Chapter.
(1) The hearing examiner shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Director in the enforcement or
administration of this chapter.
(2) In reviewing and considering such appeal, the hearing examiner shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
(3) Upon consideration of the factors of subsection (2) of this section and the purposes of this
chapter, the hearing examiner may attach such conditions to the granting of the permit as it
deems necessary to further the purposes of this chapter.
(4) A party of record that is aggrieved by the decision of the hearing examiner may appeal such
decision to the superior court, as provided in Chapter 36.70C RCW.
Ordinance No. 055-21
Page 17 of 27
20.170.250 Flood Damage Prevention Variances; Conditions for Approval.
(1) Applications to modify the requirements of this chapter shall require a variance permit.
(2) General. Variances shall only be issued upon a demonstration that the application meets all
of the following criteria:
(a) The variance will not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and land use district of the subject
property;
(b) The variance is necessary because of special circumstances relating to the size,
shape, topography, location, or surroundings of the subject property to provide it with use
rights and privileges permitted to other properties in the vicinity and in the land use district of
the subject property; and
(c) The applicant has demonstrated good and sufficient cause;
(d) Failure to grant the variance would result in exceptional hardship to the applicant;
(e) The granting of the variance will not be materially detrimental to property or
improvements in the immediate vicinity of the subject property;
(f) Granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of
the public or conflict with existing local laws or ordinances. In making this determination, the
hearing examiner shall consider the items contained in POMC 20.170.240(2)(a) through (2)(k);
(g) The variance granted is the minimum necessary, considering the flood hazard, to
afford relief; and
(g) The variance is not inconsistent with the Comprehensive Plan.
(3) Variance from elevation standard limited. The only condition under which a variance from
the elevation standard may be issued is for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing the items in POMC
20.170.240(2)(a) through (2)(k) have been fully considered. As the lot size increases, the
technical justification required for issuing the variance increases.
(4) Historic Places. Variances may be issued for the reconstruction, rehabilitation, or restoration
of structures listed on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in this section.
(5) Variances within designated floodway. Variances shall not be issued within a designated
floodway if any increase in flood levels during the base flood discharge would result.
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(6) Interpretation. Variances as interpreted in the National Flood Insurance Program are based
on the general zoning law principle that they pertain to a physical piece of property; they are
not personal in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be quite rare.
(7) Non-residential variances limited. Variances may be issued for nonresidential buildings in
very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-
floodproofing, where it can be determined that such action will have low damage potential,
complies with all other variance criteria except subsection (3) of this section, and otherwise
complies with POMC 20.170.240 and 20.170.250.
(8) Any variance granted shall contain a written notice alerting the applicant that the structure
will be permitted to be built with a lowest floor elevation below the base flood elevation and
that the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(9) A party of record that is aggrieved by the decision of the hearing examiner on a variance
application may appeal such decision to the superior court, as provided in Chapter 36.70C RCW.
Article V. Provisions for Flood Hazard Reduction
20.170.260 General standards.
In all areas of special flood hazards, the standards in POMC 20.170.270 through 20.170.310 are
required.
20.170.270 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).
20.170.280 Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
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(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.
20.170.290 Storage of Materials and Equipment
(1) The storage or processing of materials that could be injurious to human, animal, or plant life
if released due to damage from flooding is prohibited in special flood hazard areas.
(2) Storage of other material or equipment may be allowed if not subject to damage by floods
and if firmly anchored to prevent flotation, or if readily removable from the area within the
time available after flood warning.
20.170.300 Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
(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.
20.170.310 Development and Subdivision proposals.
All development, including subdivision proposals, shall:
(1) Be consistent with the need to minimize flood damage;
(2) Have public utilities and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage;
(3) 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).
20.170.320 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in POMC 20.170.060, Basis for establishing the areas of special flood hazard, or POMC
20.170.170, Use of other base flood data, the provisions in POMC 20.170.330 through
20.170.360 are required.
Ordinance No. 055-21
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20.170.330 Residential construction.
(1) In riverine flood risk areas zoned AE or other A zoned areas where the BFE has been
determined or can be reasonably obtained, new construction and substantial improvement of
any residential structure shall have the lowest floor, including basement, elevated one foot or
more above the BFE. Mechanical equipment and utilities shall be waterproofed or elevated at
least one foot above the BFE.
(2) In coastal flood risk areas zoned AE where the BFE has been determined or can be
reasonably obtained, new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated two feet or more above the
BFE. Mechanical equipment and utilities shall be waterproofed or elevated at least two feet
above the BFE.
(3) New construction and substantial improvement of any residential structure in an
Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall
be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet
above the Highest Adjacent Grade.
(4) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs must meet or exceed the following
minimum criteria:
a) Have a minimum of two openings with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding.
b) The bottom of all openings shall be no higher than one foot above grade.
c) Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwater.
d) A garage attached to a residential structure, constructed with the garage floor slab
below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.
Alternatively, a registered engineer or architect may design and certify engineered openings.
20.170.340 Nonresidential construction.
New construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall meet the following requirements:
(1) Meet the standards in POMC 20.170.330, or
Ordinance No. 055-21
Page 21 of 27
(2) In riverine flood risk areas, if the requirements of POMC 20.170.330 are not met, then new
construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall meet all of the following requirements:
a) Be dry flood proofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water or dry
flood proofed to the elevation required by ASCE 24, whichever is greater;
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
c) 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 POW 20.170.180(3);
d) Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in POMC 20.170.330;
(3) In coastal flood risk areas, if the requirements of POMC 20.170.330 are not met, then new
construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall meet all of the following requirements:
a) Be dry flood proofed so that below two feet or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water or dry
flood proofed to the elevation required by ASCE 24, whichever is greater;
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
c) 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 POMC 20.170.180(3);
d) Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in POMC 20.170.330;
(Applicants who are flood proofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the flood proofed level
(e.g., a building flood proofed to the base flood level will be rated as one foot below). Flood
proofing the building an additional foot will reduce insurance premiums.)
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20.170.350 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 500-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.
20.170.360 Manufactured homes.
All manufactured homes to be placed or substantially improved within zones Al-30, AH and AE
subject to riverine flooding shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is one foot or more above the base flood elevation and be
securely anchored to an adequately anchored foundation system in accordance with the
provisions of POMC 20.170.270(2).
All manufactured homes to be placed or substantially improved within the coastal flood risk
area shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is two feet or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system in accordance with the provisions of
POMC 20.170.270(2).
20.170.370 Recreational vehicles.
Recreational vehicles placed on sites are required to either:
(1) Be on the site for fewer than 100 consecutive days;
(2) 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
(3) Meet the requirements of POMC 20.170.360 and the elevation and anchoring requirements
for manufactured homes.
20.170.380 Enclosed Area Below the Lowest Floor
If buildings or manufactured homes are constructed or substantially improved with fully
enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles,
building access, or storage.
20.170.390 Small Accessory Structures (Detached Garages & Small Storage Structures)
Ordinance No. 055-21
Page 23 of 27
(1) In A, AE, Al-30, AH, and AO flood zones, small accessory structures (less than or equal to the
size of a one story, two car garage) used solely for parking of vehicles or limited storage may be
constructed such that the floor is below the BFE, provided the structure is designed and
constructed in accordance with the following requirements:
a) Use of the small accessory structure must be limited to parking of vehicles or limited
storage;
b) The portions of the small accessory structure located below the BFE must be built using
flood resistant materials;
c) The small accessory structure must be adequately anchored to prevent flotation, collapse,
and lateral movement;
d) Any machinery or equipment servicing the small accessory structure must be elevated or
flood proofed to or above the BFE;
e) If located in a floodway, then the small accessory structure must comply with floodway
encroachment provisions in POW 20.170.400;
f) The small accessory structure must be designed to allow for the automatic entry and exit of
floodwaters in accordance with Section POW 20.170.330(4).
g) The structure shall have low damage potential, and
h) If the structure is converted to another use, it must be brought into full compliance with
the standards governing such use.
i) The structure shall not be used for human habitation.
(2) Detached garages, storage structures, and other small accessory structures not meeting the
above standards must be constructed in accordance with all applicable standards in POMC
20.170.330.
(3) Upon completion of the structure, certification that the requirements of this section have
been satisfied shall be provided to the Floodplain Administrator for verification.
20.170.400 Floodways.
Located within areas of special flood hazard established in POMC 20.170.060 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) No rise standard. 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.
Ordinance No. 055-21
Page 24 of 27
(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
(ii) 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 as historic places, may be excluded in
the 50 percent.
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 as historic places, may be excluded in the 50 percent. (3) Substantially
Damaged Residences in Floodway
(a) For all substantially damaged residential structures located in a designated floodway,
the Floodplain Administrator may make a written request that the Department of Ecology
assess the risk of harm to life and property posed by the specific conditions of the floodway.
Based on analysis of depth, velocity, flood -related erosion, channel migration, debris load
potential, and flood warning capability, the Department of Ecology may exercise best
professional judgment in recommending to the local permitting authority repair, replacement,
or relocation of a substantially damaged structure consistent with WAC 173-158-076. The
property owner shall be responsible for submitting to the local government and the
Department of Ecology any information necessary to complete the assessment. Without a
favorable recommendation from the department for the repair or replacement of a
substantially damaged residential structure located in the regulatory floodway, no repair or
replacement is allowed per WAC 173-158-070(1).
(b) Before the repair, replacement, or reconstruction is started, all requirements of the
NFIP, the state requirements adopted pursuant to 86.16 RCW, and all applicable local
regulations must be satisfied. In addition, the following conditions must be met:
(i) There is no potential safe building location for the replacement residential
structure on the same property outside the regulatory floodway.
Ordinance No. 055-21
Page 25 of 27
(ii) A replacement residential structure is a residential structure built as a substitute
for a legally existing residential structure of equivalent use and size.
(iii) Repairs, reconstruction, or replacement of a residential structure shall not
increase the total square footage of floodway encroachment.
(iv) The elevation of the lowest floor of the substantially damaged or replacement
residential structure is a minimum of one foot higher than the BFE.
(v) New and replacement water supply systems are designed to eliminate or
minimize infiltration of floodwater into the system.
(vi) New and replacement sanitary sewerage systems are designed and located to
eliminate or minimize infiltration of floodwater into the system and discharge from
the system into the floodwaters.
(vii) All other utilities and connections to public utilities are designed, constructed,
and located to eliminate or minimize flood damage.
(4) If subsection (1) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this article.
20.170.410 General Requirements for Other Development
All development, including manmade changes to improved or unimproved real estate for which
specific provisions are not specified in this ordinance or the state building codes with adopted
amendments and any City of Port Orchard amendments, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the encroachment limitations of this ordinance if located in a regulatory floodway;
(3) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage -resistant materials;
(5) Meet the flood opening requirements of POMC 20.170.330(4) and
(6) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet
the requirements of ASCE 24, except that minimum electric service required to address life
Ordinance No. 055-21
Page 26 of 27
safety and electric code requirements is permitted below the design flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
20.170.420 Wetlands management.
To the maximum extent possible avoid the short and long term adverse impacts associated with
the destruction or modification of wetlands, especially those activities which limit or disrupt the
ability of the wetlands to alleviate flooding impacts. The following process should be
implemented:
(1) Review proposals for development within base floodplains for their possible impacts on
wetlands located within the floodplain.
(2) Ensure that development activities in or around wetlands do not negatively affect public
safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm
drainage.
(3) Request technical assistance from the Department of Ecology in identifying wetland areas.
Existing wetland map information from the National Wetlands Inventory (NWI) can be used in
conjunction with the community's FIRM to prepare an overlay zone indicating critical wetland
areas deserving special attention.
SECTION 3. Severability. 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.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor Pro-Tem and
attested by the City Cler�,W, authentication of such passage this 9th day of November 2021.
o
,� j = Bek Ashby, Mayor Pro-Te
Ordinance No. 055-21
Page 27 of 27
ATTEST:
B y inearson, MMC, City Clerk
APPROVED AS TO FORM; SPONSOR:
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED: November 12, 2021
EFFECTIVE DATE: November 17, 2021