Loading...
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. �•r: �•�r��� � r.� r+s ra�� 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