HomeMy WebLinkAboutord1996-050WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 96 -378
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Aginator: Jeff Monsen
t0(ur
(o -
s I
is
10/29/96
Introduction
Division Head:
-
11/12/96
Hearing
Dept. Head: Jeff Monsen
10(2,2_1
Prosecutor: Randy Watts
1
Purchasing/Budget:
Executive:
SUBJECT:
An Ordinance Amending Whatcom County Code, Title 17, Flood Damage Protection
ATTACHMENTS.
Ordinance
Cover letter
FEMA letter to County Executive .
Letter of response to FEMA from River & Flood Control Section
SUMMARYSTATEMENT. Please complete sections of box as
alated County contract #: N/A
Amount budgeted for this item/project: N/A
Budget line item number(s):
Should Clerk schedule a hearing? NO /_ / YES /
Is it (or will it be) within budget? YES /_ / NO /
& explain the item below.
date:
The Federal Emergency Management Agency (FEMA) put Whatcom County on notice that certain revisions must be made
to the County Flood Ordinance, Whatcom County Code, Title 17, to bring it into compliance with all State and Federal
standards.
ORIGINATOR'S RECOMMENDED ACTION:
Approval by Council
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN.
'16 - 378 10/29/96: Introduced
11/12196: Amended & Adopted 7-0. Ord. #96 -050
zance or Resolution Number (this item only):
U rj . (316 -C)SO
SPONSORED BY:
PROPOSED BY: Public Works
INTRODUCTION DATE: 10 29 96
1 ORDINANCE NO.96 -050
2 AN ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 17
3 FLOOD DAMAGE PROTECTION
4 WHEREAS, the Federal Emergency Management Agency (FEMA) has determined that
5 Whatcom County's Flood Ordinance, as codified in the Whatcom County Code, Title 17, does
6 not meet minimum standards for participation in the National Flood Insurance Program
7 (NFIP); and
8 WHEREAS, compliance with the NFIP is a condition of receiving Hazard Mitigation
9 Grant Program funding; and
10 WHEREAS, FEMA has notified Whatcom County that certain revisions must be made
11 to the County Flood Ordinance, Title 17, to bring it into compliance with all State and Federal
12 standards,
13 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Title
14 17, Flood Damage Protection, of the Whatcom County Code, be amended as per the language
15 in Exhibit 'A' attached hereto.
16 ADOPTED this 12th day of November , 1996.
17
18 ATTESTInb—avis, 19
20 - Coun Jerk
21 APPROVED AS TO FORM:
22���ir�u�
23 Civil Deputy Prosecutor
24
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Neldon, Cofincil Chair
k. Approved () Denied
We Kremen, Co my Executive
Date:
Title 17
FLOOD DAMAGE PREVENTION
Chapters:
17.04 General Provisions
17.08 Definitions
17.12 Administration
17.16 Flood Hazard Reduction
Chapter 17.04
GENERAL PROVISIONS
Sections:
EXHIBIT "A"
17.04.010 Findings of fact.
17.04.020 Statement of purpose and liability disclaimer.
17.04.030 Methods of reducing flood losses.
17.04.040 Application of title.
17.04.050 Basis for establishing areas of special .flood
hazard.
17.04.060 Abrogation and greater restrictions.
17.04.070 Interpretation.
17.04.080 Compliance required.
17.04.090 Penalty for noncompliance.
17.04.010 Findings of fact.
The findings of fact are the following:
A. The flood hazard areas of Whatcom County 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.
B. 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. (Ord. 87 -25 (part)).
17.04.020 Statement of purpose and liability disclaimer.
This title is enacted as an exercise of the police power of the
county for the benefit of the public at large. It is not intended
to create a special relationship with any individual, or
individuals, nor to identify and protect any particular class of
persons. The purpose of this title is to promote the public
health, safety and.general welfare and to minimize public and
private losses due to flood conditions in specific areas. The
(Revised 11/96) Page 1
degree of flood protection required by this title is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on
occasion. Flood heights may be increased by manmade or natural
causes. This title does not imply that land outside of the areas
of special flood hazards or uses permitted within such areas will
be free from flooding or flood damages. This title shall not
create liability on the part.of Whatcom County, any officer or
employee thereof, or the Federal Insurance Administration, for
any flood damages that result from reliance on this title or any
administrative decision lawfully made thereunder. Nor shall the
county or any officer, agent, or employee thereof incur or be
held as. assuming any liability by reason or in consequence of any
permission, certificate of inspection, inspection or approval
authorized herein, or issued or given as herein provided, or by
reasons or consequence of any things done or acts performed
pursuant to the provisions of this title. (Ord. 87 -25 (part)).
17.04.030 Methods of reducing flood losses.
In order to accomplish its purposes, this title includes methods
and provisions for:
A. 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;
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, shall be protected against
flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers, which help accommodate
or channel flood waters;
D. Controlling filling, grading, dredging, and other
development which may increase flood damage; and
E. Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which may
increase flood hazards in other areas. (Ord. 87 -25 (part)).
17.04.040 Application of title.
This title shall apply to all areas of special flood hazards
within the jurisdiction of Whatcom County. (Ord. 87 -25 (part)).
17.04.050 Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal
Insurance Administration are contained in a scientific and
engineering report entitled "The Flood Insurance Study for the
(Revised 11/96) Page 2
County of Whatcom, Washington" (effective date September 30,
1977). The accompanying Flood Insurance Rate Maps, dated
September 30, 1977 and September 28, 1990, including accompanying
reports and any subsequent amendments made by the Federal
Emergency Management Agency, are adopted by reference and
declared to be a part of this title. The flood insurance study is
on file at the department of public. works. (Ord. 90 -94; Ord.
87 -25 (part)) .
17.04.060 Abrogation and greater restrictions.
This title is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this title and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail. (Ord. 87 -25 (part)).
17.04.070 Interpretation.
In the interpretation and application of this title, all
provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers
granted under state statutes. (Ord. 87 -25 (part)).
17.04.080 Compliance required.
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the
terms of this title and other applicable regulations. (Ord. 87 -25
(part)) .
17.04.090 Penalty for noncompliance.
Any person, firm or corporation violating any of the provisions
of this title shall be deemed guilty of a misdemeanor and each
day during which such violation is continued or committed shall
constitute a separate offense, and upon conviction thereof, shall
be punished by a fine of not more than $500.00 or by
imprisonment in the county jail for a period not exceeding 90
days, or by both such fine and imprisonment. Nothing contained
herein shall prevent Whatcom County from taking such other lawful
action as is necessary to prevent or remedy any violation. (Ord.
87 -25 (part) ). .
Chapter 17.08
DEFINITIONS
Sections:
17.08.010 Generally.
(Revised 11/96) Page 3
17.08.015 Administrator.
17..08.020.Appeal.
17.08.030 Area of shallow flooding.
17.08.040 Area of special flood hazard..
17.08.050 Base flood.
17.08.055 Breakaway wall.
17.08.057 Coastal high hazard area.
17.08.060 Development.
17.08.070 Flood or flooding.
17.08.080 Flood Insurance Rate Map (FIRM).
17.08.090 Flood insurance study.
17.08.095 Floodway.
17.08.100 Lowest floor.
17.08.110 Manufactured home.
gem
17.08.120 Manufactured home park or subdivision.
17.08.140 New construction.
17.08.160 Start of construction.
17.08.170 Structure.
17.08.180 Substantial improvement.
17.08.190 Variance.
17.08.010 Generally.
Unless specifically defined below, words or phrases used in this
title shall be interpreted so as to give them the meaning they
have in common usage or to give this title its most reasonable
application. (Ord. 87 -25 (part)).
17.08.015 Administrator.
Whenever the term "administrator" is used it means the director
of public works or his designee. (Ord. 87 -25 (part)).
17.08.020 Appeal.
"Appeal" means a request for a review of the administrator's
interpretation of any provision of this title or a request for a
variance. (Ord. 87 -25 (part)).
17.08.030 Area of shallow flooding.
"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. (Ord. 87 -.25 (part)).
17.08.040 Area of special flood hazard.
(Revised 11/96) Page 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. (Ord. 87 -25 (part)).
17.08.050 Base flood.
"Base flood" means the flood having a one percent chance of being
equalled or exceeded in any given year. Also referred to as "one
hundred -year flood." Designation on maps always includes the
letters A or V. (Ord. 87 -25 (part)).
17.08.055 Breakaway wall.
"Breakaway wall" means a wall that is not a 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 damages to the elevated portion
of the building or supporting foundation system. (Ord. 87 -25
(part)).
17.08.057 Coastal high hazard area.
"Coastal high hazard area" means the area subject to high
velocity waters, including but not limited to, storm surge or
tsunamis. The area is designated on the FIRM as Zone V1 -V30, VE
or V. (Ord. 87 -25 (part)).
17.08.060 Development.
"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. (Ord. 87 -25 (part)).
17.08.070 Flood or flooding.
"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 or runoff of surface
waters from any source. (Ord. 87 -25 (part)).
17.08.080 Flood Insurance Rate Map (FIRM).
"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. (Ord. 87 -25 (part)).
17.08.090 Flood insurance study.
"Flood insurance study" means the official report provided by the
(Revised 11/96) Page 5
Federal Insurance Administration that includes flood profiles,
the Flood Boundary Map, and the water surface elevation of the
base flood. (Ord. 87 -25 (part)) .
17.08.095 Floodway.
" Floodway" means the channel of a river or other watercourse or
land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation
more than one foot. (Ord. 87 -25 (part)).
17.08.100 Lowest floor.
".Lowest floor" means the lowest floor of the lowest enclosed area
(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 title found
at Section 17.16.080(2). (Ord. 87 -25 (part)).
17.08.110 Manufactured home.
"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 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. (Ord..
87 -25 (part)) .
17.08.120 Manufactured home park or subdivision.
"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. (Ord. 87 -25 (part)).
D Deli gned pimarly not�fo� use as a permanents dw"elling
. ..,_ ..... �«3.... _._ ,,..�..._, _ _. �._..;
(Revised 11/96) Page 6
17.08.140 New construction.
"New construction" means structures for which the start of
construction commenced on or after the effective date of the
ordinance codified in this title. (Ord. 87 -25 (part)).
17.08.160 Start of construction.
"Start of construction" includes substantial improvement 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.
(Ord. 87 -25 (part)) .
17.08.170 Structure.
"Structure" means a walled and roofed building including a gas or
liquid storage tank that is principally above ground. (Ord. 87 -25
(part)) .
17.08.180 Substantial improvement.
A. "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 purpose 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.
B. The term does not, however, include either:
(Revised 11/96) Page 7
1. 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
2. Any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic
Places. (Ord. 87 -25 (part)).
17.08.190 Variance.
"Variance" means a grant of relief from the requirements of this
title which permits construction in a manner that would otherwise
be prohibited by this title. (Ord. 87 -25 (part)).
Chapter 17.12
ADMINISTRATION
Sections:
17.12.010 Establishment of development permit.
17.12.020 Administrative department - Designated.
17.12.030 Administrative department - Duties and
responsibilities.
17.12.040 Variances - Appeals board established - Factors
taken into account - Maintenance of records.
17.12.050 Variances - Conditions for issuance.
17.12.010 Establishment of development permit.
A development permit shall be obtained before construction or
development begins within any area of special flood hazard
established in Section 17.04.050. 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. Application . for
a development permit shall be made on forms furnished by the
department of public works 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.:
A. Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures;
B. Elevation in relation to mean sea level to which any
structure has been floodproofed;
C. Certification by a registered professional engineer or
architect that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria as provided in Section
17.16.090; and
(Revised 11/96) Page 8
D. Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
(Ord. 87 -25 (part)) .
17.12.020 Administrative department - Designated.
The department of public works is appointed to administer and
implement this title by granting or denying development permit
applications in accordance with its provisions. (Ord. 87 -25
(part)) .
17.12.030 Administrative department - Duties and
responsibilities.
The duties of the department of public works shall include, but
not be limited to:
A. Permit Review. The department of public works shall:
1. Review all development permits to determine that the
permit requirements of this title 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 adversely affects the flood - carrying
capacity of the area of special flood hazard. For purposes of
this chapter, "adversely affects" means 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.
B. Use of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with Section 17.04.050
basis for establishing the areas of special flood hazard, the
department of public works 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 Sections.
17.16.070, specific standards and 17.16.120 floodways.
C. Information to be Obtained and Maintained. The department
of public works shall:
1. When base flood elevation data is provided through
the Flood Insurance Study or required as in Section 17.12.030B,
obtain and record the actual elevation (in relation to mean sea
level) of the lowest habitable floor (including basement) of all
new or substantially improved structures;
2. For all new or substantially improved floodproofed
structures:
a. Verify and record the actual elevation (in
(Revised 11/96) Page 9
relation to mean sea level), and
b. Maintain the floodproofing certifications
required in Section 17.12.010A;
3. Maintain for public inspection all records
pertaining to the provisions of this title.
D. Alteration of Watercourse. The department of buildings
and codes administration shall:
1. Notify adjacent communities and the Washington State
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 the
altered or relocated portion of said watercourse so that the
flood carrying capacity is not diminished.
E. Interpretation of FIRM boundaries. The department of
public works shall make interpretations where needed, as.to the
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 Section 17.12.040.
F. Required Submission of Additional Information. The
administrator shall have authority to require the applicant to
submit information certified by licensed professional land
surveyors, architects or engineers as may be reasonably necessary
to assure conformance with the standards of this title. (Ord.
87 -25 (part)) .
17.12•.040 Variances - Appeals board established - Factors taken
into account - Maintenance of records.
A. The hearing examiner as established by Whatcom County
shall hear and decide appeals and requests for variances from the
requirements of this title.
B. 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 administrator in the enforcement or
administration of this title.
C. Those.aggrieved by the decision of the hearing examiner,
or any taxpayer, may appeal such decision to the Superior Court,
as provided in RCW Chapter 36.70.
D. In passing upon such applications, the hearing examiner
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this title, and:
1. The danger that materials may be swept onto other
land to the injury of others;
(Revised 11/96) Page 10
2. The danger of life and property due to flooding or
erosion damage;
3. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the
individual owner;
4. The importance of the services provided by the
proposed facility to the community;
5. The necessity to the facility of a waterfront
.location, where applicable;
6. The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing
and anticipated development;
8. The relationship of the proposed use to the
comprehensive plan and floodplain management program for that
area;
9. The safety of access to the property in times of
flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of
rise, the sediment transport of the flood waters and the effects
of wave action, if applicable, expected at the site; and
11. 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,
water systems, and streets and bridges.
E. Upon consideration of the factors of subsection D of this
section and the purposes of this title, the - hearing examiner may
attach such conditions to the granting of variances as it deems
necessary to further the purposes of this title.
F. The hearing examiner shall maintain the records of all
appeal actions and report any variances to the Federal Insurance
Administration upon request. (Ord. 87 -25 (part)).
17.12.050 Variances - Conditions for issuance.
A. 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,
provided items 1 through 11 in Section 17.12.040D have been fully
considered. As the lot size increases the technical justification
required for issuing the variance increases.
B. 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
(Revised 11/96) Page 11
the remainder of this section.
C. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood
discharge would result..
D. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the flood
hazard, to afford relief.
E. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
3. 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 17.12.040D, or conflict with existing local laws or
ordinances.
F. 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.
G. 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 Section
17.12.050A, and otherwise complies with Sections 17.16.020 and
17.16.030 of the general standards.
H. 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. (Ord. 87 -25 (part)).
Chapter 17.16
FLOOD HAZARD REDUCTION
Sections:
17.16.010 General standards.
17.16.020 Anchoring.
17.16.030 Construction materials and methods.
17.16.040 Utilities.
(Revised 11/96) Page 12
17.16.050 Subdivision proposals.
17.16.060 Review of building permits.
17.16.070 Specific standards.
17.16.080 Residential construction.
17.16.090 Nonresidential construction.
17.16.100 Manufactured homes.
17.16.110 Agricultural buildings.
17:16.115 Recrea� ®xt� �h�
17.16.120 Floodways.
17.16.130 Standards for shallow flooding areas (AO zones).
17.16.140 Coastal high hazard areas.
17.16.010 General standards.
In all areas of special flood hazards the standards set forth in
Sections 17.16.020 through 17.16.060 are required. (Ord. 87 -25
(part)) .
17.16.020 Anchoring.
A. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure.
B. All manufactured home 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). (Ord. 87 -,25 (part)).
17.16.030 Construction materials and methods.
A. All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant to
flood damage.
B. All new construction and substantial improvements shall
be constructed using methods and practices that minimize flood
damage. 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. (Ord. 87 -25 (part)).
17.16.040 Utilities.
A. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system.
B. New and replacement sanitary sewage systems shall be
(Revised 11/96) Page 13
designed to minimize or eliminate infiltration of flood waters
into the systems and discharge from the systems into flood
waters.
C. On -site waste disposal systems shall be located to avoid
impairment to them, or contamination from them, during flooding.
(Ord. 87 -25 (part)).
17.16.050 Subdivision proposals.
A. All subdivision proposals shall be consistent, with the
need to minimize flood damage.
B. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage.
C. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
D. 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
development which contain at least 50 lots or five acres
(whichever is less). (Ord. 87 -25 (part)).
17.16.060 Review of building permits.
Where elevation data is not available, either through the flood
insurance study or from another authoritative source (Section
17.12.030B), 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 higher
insurance rates. (Ord. 87 -25 (part)).
17.16.070 Specific standards.
In all areas of special flood
data has been provided as set
for establishing the areas of
17.12.030B, use of other base
forth in Sections.17.16.080 t
87 -25 (part)).
hazards where base flood elevation
forth in Section 17.04.050, basis
special flood hazards, or Section
flood data, the provisions set
hrough 17.16.110 are required. (Ord.
17.16.080 Residential construction.
A. New construction and substantial improvement of any
residential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
B. Fully enclosed areas below the lowest floor that are
subject to flooding are prohibited, or shall be designed to
(Revised 11/96) Page 14
automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of flood waters. 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:
1. A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided;
2. The bottom of all openings shall be no higher than
one foot above grade;
3. Openings may be equipped with screens, louvers, or
other coverings or devices provided that they permit the
automatic entry and exit of floodwaters. (Ord. 87 -25 (part)).
17.16.090 Nonresidential construction.
New construction and substantial improvement of any commercial,
act sari ,a�3C N1." industrial or other nonresidential
structure:
A. Shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation;.or
B. 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
hydrostatic and hydrodynamic loads and effects of buoyancy; and
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 as set forth in Section 17.12.030F and
shall be provided by the applicant or required by the department
of public works.
C. Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space below the
lowest floor as described in Section 17.16.080B.
D. 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). (Ord. 87 -25 (part)):
17.16.100 Manufactured homes.
All manufactured homes to be placed or substantially improved
(Revised 11196) Page 15
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 Section 17.16.020B. (Ord. 87 -25 (part)).
17.16.110 Agricultural buildings.
Agricultural buildings shall comply with Section 17.16.090_
To
17.16.120.Floodways.
Located within areas of special flood hazard established in
Section 17.04.050.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:
A. 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
nteie than e e feet any increase in flood levels during the
occurrence of the base flood discharge.
(Revised 11/96) Page 16
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17.16.120.Floodways.
Located within areas of special flood hazard established in
Section 17.04.050.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:
A. 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
nteie than e e feet any increase in flood levels during the
occurrence of the base flood discharge.
(Revised 11/96) Page 16
-14. If Section 17.16.120A is satisfied, all new construction
and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Chapter 17.16, Flood
h1azard -r eduction. (Ord. 87 -25 (part)) .
17.16.130 Standards for shallow flooding areas (AO zones).
Shallow flooding areas appear on FIRMS as AO zones with depth
designations. The base flood depths in these zones range from one
to three feet where a clearly defined channel does not exist, or
where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is usually characterized as
sheet flow. In these areas,'the following provisions apply:
A. New construction and substantial improvements of
residential structures within AO zones shall have the lowest
floor (including basement) elevated above the highest adjacent
grade of the building site, to or above the depth number
specified on the FIRM (at least two feet if no depth number is
specified) .
B. New construction and substantial improvements of
nonresidential structures within AO zones shall either:
1. Have the lowest floor (including basement) elevated
above the highest adjacent grade of the building site, to or
above the depth number specified on the FIRM (at least two feet
if no depth number is specified); or
2. Together with attendant utility and sanitary
facilities, be completely floodproofed to or above that level so
that any space below that level is watertight with walls
substantially impermeable to the passage of water and with
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. If
this method is used, compliance shall be certified by a
registered professional engineer or architect as in Section
17.16.090A.3.
C. Adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures shall
be provided. (Ord. 87 -25 (part)).
17.16.140 Coastal high hazard areas.
Located within areas of special flood hazard established in
Section 17.14.050 are coastal high hazard areas, designated as
(Revised 11/96) Page 17
zones V1 -V30, VE and /or V. These areas have special flood hazards
associated with high velocity waters from tidal surges and,
therefore, in addition to meeting all provisions in this title,
the following provisions shall also apply:
A. All new construction and substantial improvements in
Zones V1 -V30 and VE (V if base flood elevation data is available)
shall be elevated on pilings and columns so that:
1. The bottom of the lowest horizontal structural
member of the lowest floor (excluding the pilings or columns) is
elevated to or above the base flood level; and
2. The pile or column foundation and structure attached
thereto is anchored to resist flotation, collapse and lateral
movement due to the effects of wind -and water loads acting
simultaneously on all building components. Wind and water loading
values shall each have a one percent chance of being equalled or
exceeded in any given year (100 -year mean recurrence interval);
A registered professional engineer or architect shall develop or
review the structural design, specifications and plans for the
construction and shall certify that the design and methods of
construction to be used are in accordance with accepted standards
of practice for meeting the provisions of 1 and 2 of this
subsection.
B. Obtain the elevation (in relation to mean sea level) of
the bottom of the lowest structural member of the lowest floor
(excluding pilings and columns) of all new and substantially
improved structures in Zones V1 -30 and VE, and whether or not
such structures contain a basement. The local administrator shall
maintain a record of all such information.
C. All new construction shall be located landward of the
reach of mean high tide.
D. Provide that all new construction and substantial
improvements have the space below the lowest.floor either free of
obstruction or constructed with nonsupporting breakaway walls,
open wood latticework, or insect screening intended to collapse
under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated.portion
of the building or supporting foundation system. For the purpose
of this section, a breakaway wall shall have a design safe
loading resistance of not less than 10 and no more than 20 pounds
per square foot. Use of breakaway walls which exceed a design
safe loading resistance of 20-pounds per square foot (either by
design or when so required by local or state codes) may be
permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following
conditions:
1. Breakaway wall collapse shall result from a water
(Revised 11/96) Page 18
load less than that which would occur during the base flood; and
2. The elevated portion of the building and supporting
foundation system shall not be subject to collapse,_ displacement,
'or other structural damage due to the effects of wind and water
loads acting simultaneously on all building components
(structural and nonstructural). Maximum wind and water loading
values to be used in this determination shall each have a one
percent chance of being equalled or exceeded in any given year
(100 -year mean recurrence interval).
E. If breakaway walls are utilized, such enclosed space
shall be usable solely for parking of vehicles, building access,
or storage. Such space shall not be used for human habitation.
F. Prohibit the use of fill for structural support of
buildings.
G. Prohibit manmade alteration of sand dunes which would
increase potential flood damage. (Ord. 87 -25 (part)).
(Revised 11/96) Page 19