015-10 - Ordinance - Amending Chapter 15.38 Flood Damage PreventionIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 13,2010
Adopted: July 13, 2010
ORDINANCE NO. 015-10
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:
SECTION 1. Port Orchard Municipal Code Chapter 15.38 FLOOD DAMAGE
PREVENTION is AMENDED as follows:
15.38.140 Designation of the city building official.
15.38.150 Duties and responsibilities of the city building official.
SECTION 2. Port Orchard Municipal Code Chapter 15.38 Article II. Definitions is
AMENDED as follows:
15.38.iio Definitions.
Unless specifically defined below, 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) "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.
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(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.
(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 "too -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.
(g) "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.
(ro) "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.
(u) "Lowest floor" means the lowest floor of the lowest enclosed areas (including
basement). An unfinished or flood -resistant enclosure, usable solelyfor 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
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structure in violation of the applicable nonelevation 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 18o consecutive days. For insurance purposes the
term "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 18o 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 inchlding 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 5o 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:
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(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.
(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) 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 3. Port Orchard Municipal Code Chapter 15.38 Article III. Administration is
AMENDED as follows:
15.38.13o Application for development permit.
Application for a development permit shall be made on forms furnished by the citybuilding
official 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;
(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
15.38.310; and
(4) Description of the extent to which a watercourse will be altered or relocated as a result
of proposed development.
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15.38.14o Designation of the city building official.
The city building official is appointed to administer and implement this chapter by granting
or denying development permit applications in accordance with its provisions.
15.38.15o Duties and responsibilities of the city building official.
Duties of the city building official shall include, but not be limited to those in POMC
15.38.16o through 15.38.200.
15.38.16o Permit review.
The city building official 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 if the proposed development is located in
the floodway. If located in the floodway, assure that the provisions of POMC 15.38.34o are
met.
15.38.170 Use of other base flood data.
When base flood elevation data has not been provided in accordance with POMC 15.38.o6o,
basis for establishing the areas of special flood hazard, the city building official 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 15•38.290 through 15.38.330,
specific standards, and 15.38.340, floodways.
15.38.180 Information to be obtained and maintained.
The city building official shall:
(1) Where base flood elevation data is provided through the Flood Insurance Study or
required as in POMC 15.38.170, 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 floodproofed structures:
(a) Verify and record the actual elevation (in relation to mean sea level); and
(b) Maintain the floodproofing certifications required in POMC 15.38•130(3).
(3) Maintain for public inspection all records pertaining to the provisions of this chapter.
15.38.190 Alteration of watercourses.
The city building official shall:
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(i) 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.
15.38.200 Interpretation of FIRM boundaries.
The city building official shall make interpretations where needed, as to exact location of the
boundaries of the areas of special flood hazards (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.
SECTION a. Port Orchard Municipal Code Chapter 15.38 Article IV. Variances is
AMENDED as follows:
15.38.210 Appeal board.
(1) The appeal board as established by the city council shall hear and decide appeals and
requests for variances from the requirements of this chapter.
(2) The appeal board shall hear and decide appeals when it is alleged there is an error in
any requirement, decision or determination made by the city building official in the
enforcement or administration of this chapter.
(3) Those aggrieved by the decision of the appeal board, or any taxpayer, may appeal such
decision to the superior court, as provided in RCW Title 35•
(4) In passing upon such applications, the appeal board 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;
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0) 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.
(5) Upon consideration of the factors of subsection (4) of this section and the purposes of
this chapter, the appeal board may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this chapter.
(6) The city building official shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
SECTION g. This ordinance shall be in full force and effect five (5) days after
posting and publication as required bylaw. A summary of this Ordinance maybe 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 1.3Vday oj�JuVoio.
ATT T:
u ,+
Patricia J. Vrpatrfck, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Ja by, it Attorney
Sponsored
c 4e5z:�
Robert Outaansuu, 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 13, 2010.
ORDINANCE NO. 015-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD
MUNICIPAL CODE CHAPTER 15.38 REGARDING
"FLOOD DAMAGE PREVENTION"
Copies of Ordinance No. 015-10 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. 015-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
July 23, 2010