1376 - Ordinance - Flood Damage PreventionILI3q - 17-1sr�1 ORDINANCE NO. 1376
AN ORDINANCE OF THE CITY OF PORT
ORCHARD, WASHINGTON ADOPTING FLOOD
DAMAGE PREVENTION, AUTHORIZING
FINDINGS OF FACT, PURPOSE AND
OBJECTIVES.
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE AND OBJECTIVES
1.1 Statutory Authorization. The Legislature of
the State of Washington has in RCW 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 of Port Orchard, Washington does
ordain as follows:
1.2 Findings of Fact
(1) The flood hazard areas of the City of
Port Orchard 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, damages uses in other areas. Uses
that are inadequately floodproofed, elevated,
or otherwise protected from flood damage also
contribute to the flood loss.
1.3 Statement of Purpose It is the purpose of
this ordinance 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;
Ordinance No. 1376
Page Two
(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;
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.
1.4 Methods of Reducing Flood Losses. In order
to accomplish its purposes, this ordinance
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
flood plains, stream channels, and natural
protective barriers, which help accommodate
or channel flood waters;
(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 flood waters or may
increase flood hazards in other areas.
SECTION 2.0 DEFINITIONS
Unless specifically defined below, words or
phrases used in this ordinance shall be interpreted so as to
give them the meaning they have in common usage and to give
this ordinance its most reasonable application.
APPEAL means a request for a review of the City
Engineer's interpretation of any provision of
this ordinance or a request for a variance.
Ordinance No. 1376
Page Three
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 indicated ponding.
AREA OF SPECIAL FLOOD HAZARD means the land in
the flood plain 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.
BASE FLOOD means the flood having a one percent
chance of being equalled or exceeded in any given
year. Also referred to as the "100-year flood."
Designation on maps always includes the letters A
or V.
DEVELOPMENT means any man-made 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.
FLOOD or FLOODING meansa general and temporary
condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters
and/or
(2) The unusual and rapid accumulation of
runoff of surface waters from any
source.
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.
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.
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.
Ordinance No. 1376
Page Four
LOWEST FLOOR means the lowest floor of the lowest
enclosed areas (including basement). An
unfinished or flood resistant enclosure, useable
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 ordinance found in Section 5.2-1(2).
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 flood
plain management purposes the term "manufactured
home" also includes park trailers, travel
trailers, and other similar vehicles placed on a
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.
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.
NEW CONSTRUCTION means structures for which the
"start of construction" commenced on or after the
effective date of this ordinance.
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; 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.
STRUCTURE means a walled and roofed building
including a gas or liquid storage tank that
principally above ground.
Ordinance No. 1376
Page Five
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:
(1) before the improvement or repair is
started, or
(2) 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:
(1) any project for improvement of a structure
to comply with existing state of local
health, sanitary, or safety code
specifications which are solely necessary
to assure safe living conditions, or
(2) any alteration of a structure listed on the
National Register of Historic Places or a
State Inventory of Historic Places.
VARIANCE means a grant of relief from the
requirements of this ordinance which permits
construction in a manner that would otherwise be
prohibited by this ordinance.
SECTION 3.0 GENERAL PROVISIONS
3.1 Lands to which this ordinance applies.
This ordinance shall apply to all areas of
special flood hazards within the
jurisdiction of the City of Port Orchard.
3.2 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, with
accompanying Flood Insurance Maps is hereby
adopted by reference and declared to be a
part of this ordinance. The Flood
Insurance Study is on file at City Clerk's
Office; 216 Prospect Street, Port Orchard,
WA 98366.
Ordinance No. 1376
Page Six
SECTION 4.0 ADMINISTRATION
4.1 Establishment of Development Permit
4.1-1 Development Permit Required A development
permit shall be obtained before
construction or development begins within
any area of special flood hazard
established in Section 3.2. The permit
shall be for all structures including
manufactured homes, as set forth in the
"Definitions", and for all development
including fill and other activities, also
as set forth in the "Definitions".
4.1-2 Application for Development Permit
Application for a development permit shall
be made on forms furnished by the City
Engineer 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 Section
5.2-2; and
(4) Description of the extent to which a
watercourse will be altered or
relocated as a result of proposed
development.
4.2 Designation of the City Engineer The City
Engineer is hereby appointed to administer
and implement this ordinance by granting or
denying development permit applications in
accordance with it provisions.
4.3 Duties and Responsibilities of the City
Engineer Duties of the City Engineer shall
include, but not be limited to:
4.3-1 Permit Review
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.
Ordinance No. 1376
Page Seven
4.3-2 Use of Other Base Flood Data When base
flood elevation data has not been provided
in accordance with Section 3.2, "Basis For
Establishing The Areas of Special Flood
Hazard", the City Engineer shall obtain,
review, and reasonably utilize any base
flood elevation and floodway data available
from a federal, State of other source, in
order to administer Section 5.2, "Specific
Standards", and 5.3 "Floodways".
4.3-3 Information to be Obtained and Maintained
(1) Where base flood elevation data is
provided through the Flood Insurance Study
or required as in Section 4.3-2, 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:
(i) verify and record the actual
elevation (in relation to mean sea
level), and;
(ii) maintain the floodproofing
certifications required in Section
4.1(3)
(3) Maintain for public inspection all
records pertaining to the provisions of
this ordinance.
4.3-4 Alteration of Watercourses
(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 the maintenance is provided
within the altered or relocated portion of
said watercourse so that the flood carrying
capacity is not diminished.
4.4 Variance Procedure
4.4-1 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
ordinance.
Ordinance No. 1376
Page Eight
(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
Engineer in the enforcement or
administration of this ordinance.
(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 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 ordinance, and;
(i) the danger that materials may
be swept onto other lands to
the injury of others;
(ii)
the danger to life and property
due to flooding or erosion
damage;
(iii)
the susceptibility of the
proposed facility and its
contents to flood damage and
the effect of such damage on
the individual owner;
(iv)
the importance of the services
provide by the proposed
facility to the community;
(v)
the necessity to the facility
of a waterfront location, where
applicable;
(vi)
the availability of alternative
locations for the proposed use
which are not subject to
flooding or erosion damage;
(vii)
the compatibility of the
proposed use with existing and
anticipated development;
(viii)
the relationship of the
proposed use to the
comprehensive plan and flood
plain management program for
that area;
(ix)
the safety of access to the
property in times of flood for
ordinary and emergency
vehicles;
(x)
the expected heights, velocity,
duration, rate of rise, and
sediment transport of the flood
waters and the effects of wave
action, if applicable, expected
at the site; and,
Ordinance No. 1376
Page Nine
(xi) 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
Section 4.4-1(4) and the purposes of
this ordinance, the appeal board may
attach such conditions to the granting
of variances as it deems necessary to
further the purposes of this
ordinance.
(6) The City Engineer shall maintain the
records of all appeal actions and
report any variances to the Federal
Insurance Administration upon request.
4.4-2 Conditions for Variances
(1) Generally, 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
items (i-xi) in Section 4.4-1(4) have
been fully considered. As the lot
size increases the technical
justification required for issuing the
variance increases.
(2) 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.
(3) Variances shall not be issued within a
designated floodway if any increase in
flood levels during the base flood
discharge would result.
(4) Variances shall only be issued upon a
determination that the variance is the
minimum necessary, considering the
flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(i) a showing of good and
sufficient cause;
(ii) a determination that failure to
grant the variance would result
in exceptional hardship to the
applicant;
Ordinance No. 1376
Page Ten
(iii) a determination that the
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 as
identified in Section 4.1-4(4),
or conflict with existing local
laws or ordinances
(6) 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) 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 4.4-2(1), and
otherwise complies with Sections 5.1-1
and 5.1-2 of the GENERAL STANDARDS
(8) Any applicant to whom a variance is
granted shall be given written notice
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.
SECTION 5.0. PROVISIONS FOR FLOOD HAZARD
REDUCTION
5.1 General Standards. In all areas of special
flood hazards, the following standards are
required:
5.1-1 Anchoring
(1) All new construction and substantial
improvements shall be anchored to prevent
flotation, collapse, or lateral movement of
the structure.
Ordinance No. 1376
Page Eleven
(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).
5.1-2 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.
(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.
5.1-3 Utilities
(1) All new and replacement water supply
systems shall be designed to minimize or
eliminate infiltration of flood waters into
the system;
(2) New and replacement sanitary sewage
systems shall be designed to minimize or
eliminate infiltration of flood waters into
the systems and discharge from the systems
into flood waters; and,
(3) On -site waste disposal systems shall
be located to avoid impairment to them or
contamination from them during flooding.
5.1-4 Subdivision Proposals
(1) All subdivision
consistent with the
damage;
proposals shall be
need to minimize flood
(2) All subdivision proposals shall have
public utilities and facilities such as
sewer, gas, electrical, and water systems
located and constructed to minimize flood
damage;
(3) All subdivision proposals shall have
adequate drainage provided to reduce
exposure to flood damage; and
Ordinance No. 1376
Page Twelve
(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 5 acres (whichever is
less)
5.1-5 Review of Building Permits Where elevation
data is not available either through the
Flood Insurance Study or from another
authoritative source (Section 4.3-2),
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.
5.2 Specific Standards In all areas of special
flood hazards where base flood elevation
data has been provided as set forth in
Section 3.2, "Basis for Establishing the
Areas of Special Flood Hazard" or Section
4.3-2, "Use of Other Base Flood Data", the
following provisions are required:
5.2-1 Residential Construction
(1) New construction and substantial
improvements of any residential structure
shall have the lowest floor, including
basement, elevated to or above base flood
elevation.
(2) Fully enclosed areas below the lowest
floor the 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
for meeting this requirement must either be
certified by a registered professional
engineer or architect or must meet or
exceed the following minimum criteria:
(i) A minimum of two openings have a total
net area of not less than one square inch
for every square foot of enclosed area
subject to flooding shall be provided.
(ii) The bottom of all openings shall be
no higher than one foot above grade.
(iii) Openings may be equipped with
screens, louvers, or other governings or
devices provided that they permit the
automatic entry and exit of floodwaters.
Ordinance No. 1376
Page Thirteen
5.2-2 Nonresidential Construction New
construction and substantial improvement of
any commercial, industrial or other
nonresidential structure shall either have
the lowest floor, including basement,
elevated to the level of the base flood
elevation; or, together with attendant
utility and sanitary facilities, shall:
(1) be floodproofed so that below the base
flood level the structure is watertight
with walls substantially impermeable to the
passage of water;
(2) have structural components capable of
resisting hydostatic and hydrodynamic loads
and effects of buoyancy;
(3) 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 Section 4.3-3(2).
(4) Nonresidential structures that are
elevated, not floodproofed, must meet the
same standards for space below the lowest
floor as described in 5.2-1(2).
(5) Applicants floodproofing
nonresidential buildings shall be notified
that flood insurance premiums will be based
on rates that are one foot below the
floodproofed level (e.g. a building
constructed to the base flood level will be
rated as one foot below that level).
5.2-3 Manufactured Homes All manufactured homes
to be placed or substantially improved
within Zones Al-30, AH, and AE shall be
elevated on a permanent foundation such
that the lowest floor of the manufactured
home is at or above the base flood
elevation and be securely anchored to an
adequately anchored foundation system in
accordance with the provisions of
subsection 5.1-1(2).
5.3 Floodways Located within areas of special
flood hazard established in Section 3.2 are
areas designated as floodways. Since the
floodway is an extremely hazardous area due
to the velocity of flood waters which carry
debris, potential projectiles, and erosion
potential, the following provisions apply:
Ordinance No. 1376
Page Fourteen
(1) Prohibit encroachments, including
fill, new construction, substantial
improvements, and other development unless
certification by a registered professional
engineer or architect is provided
demonstrating that encroachments shall not
result in any increase in flood levels
during the occurrence of the base flood
discharge.
(2) If Section 5.3(1) is satisfied, all
new construction and substantial
improvements shall comply with all
applicable flood hazard reduction
provisions of Section 5.0, "Provisions for
Flood Hazard Reduction".
PASSED by the City Council of the City of Port
Orchard, signed by the Mayor and attested by the Clerk in
authentication of such passage this 9th day of March, 1987.
L SLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney