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HomeMy WebLinkAboutord2017-056strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -286 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Introduction, Originator: PJH 7/25/1017 D Sept 26, 2017 Natural Resources Division Head: �M� I r� � a � / � /i SEP 19 2017 October 10, 2017 Hearing Dept. Head: WHATCOM COUNTY Prosecutor: d1g 09/12/17 COUNCIL Purchasing /Bupdgeet t: Bu Executive: P- J TITLE OFD CI An Ordinance Adopting Amendments to Whatcom County Code Title 17 Flood Damage Prevention ATTACHMENTS: 1. Cover memo Z Proposed Ordinance 3. Whatcom County Code, Title 17 Flood Damage Prevention (with revisions shown) 4. Staff Report SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: October 10, 2017 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) , The proposed ordinance adopts amendments to Title 17 that include revisions to address new requirements related to administration of the National Flood Insurance Program and compliance with the Endangered Species Act. COMMITTEE ACTION.• COUNCIL ACTION: 9/26/2017: Discussed and forwarded to Introduction 9/26/2017: Introduced 7 -0 10/10/17: Adopted 7 -0, Ord 2017 -056 Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Ord. 2017 -056 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/counciL I PROPOSED BY: CONSENT SPONSORED BY: CONSENT INTRODUCTION DATE: SEPTEMBER 26, 20111 ORDINANCE NO. 2017 -056 ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 17 FLOOD DAMAGE PREVENTION WHEREAS, the Department of Ecology (DOE) State National Flood Insurance Program (NFIP) Coordinator completed a Community Assistance Visit (CAV) to evaluate Whatcom County's implementation of the NFIP on March 5, 2015; and WHEREAS, the DOE identified required revisions and additions to Whatcom County's Flood Damage Prevention code, Whatcom County Title 17, to comply with the State and Federal requirements; and WHEREAS, the National Marine Fisheries Service issued a Biological Opinion regarding implementation of the NFIP by the Federal Emergency Management Agency (FEMA) and local communities; and WHEREAS, the Biological Opinion requires that local regulatory programs ensure development projects within the floodplain are compliant with the Endangered Species Act (ESA); and WHEREAS, amendments to Whatcom County Code Title 17 were proposed by staff to address State and Federal requirements and compliance with the ESA; and WHEREAS, additional amendments to Whatcom County Code Title 17 were proposed by staff to improve flood protection standards and clarify administrative procedures and requirements; and WHEREAS, the Flood Control Zone District Advisory Committee provided a forum for a public process to provide input and recommend changes to the draft developed by staff; and WHEREAS, the Flood Control Zone District Advisory Committee recommended the amended Title 17 attached as Exhibit A for adoption by the Whatcom County Council; and, WHEREAS, a public hearing on the amended Title 17 has been held on October 10, 2017; NOW, THERFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 17 is hereby amended as indicated in Exhibit A to this ordinance. ADOPTED this 10" day of October, 2017. �a✓ Din rown- Lavi�,jCoul - j►Xlerk AP f OV& 3 F'i NII: Chief Civil 6600 yII?rb ecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry BLIchanan, Council Chair Jack LouwsjCounty Date: Oc� 6,. 2 '` / /,�O / 7 EXHIBIT A Title 17 FLOOD DAMAGE PREVENTION Chapters: 17.04 General Provisions 17.08 Definitions 17.10 _Regulatory Data 17.12 Administration 17.16 Flood Hazard Reduction Standards 1 f7ry.,ra71ac1 -� 17.24 Unauthorized Use of Motorized Vehicles Upon Flood Control Structures Revision 2.2 August 3, 2017 Page 11 Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Findings of fact. 17.04.020 Statement of purpose and liability disclaimer. 17.04.030 Methods of reducing flood losses. 17.04.04/0 Application of title. 17:4 4:050 Basi&-for- establ Nnn are. s of speGial flood hazar4d-. 17.04.060 Abrogation and greater restrictions. 17.04.070 Interpretation. 17.04.080 Compliance required. 17.04 -0 . 090 I @naRy._ €air noncGmpliance: 17.04.100 Severability. 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. Without taking appropriate care and precautions, development in floodplains and watersheds may increaseflood heights,_ frequencies, and velocities, and may result in a greater threat_ to humans, damage to property, destruction of natural floodplain functions, and adverse impacts to water quantity, quality, and habitat.Thesse --floo 'Q I�.c6s °s :r° ^ °1-11sed- -h�y iae x U1atWe- ef�€�ec- A- .of- ob8AFU6tt'i;IT ° En �.- -� .,f special rr,,.-.�� hazard& -u+�l iGh4ncrease-#4esd �d�teE�� attCPwbefi- -i equately anGhrtred darn age use in_ �ar area Uses that Fe inadenn,,a ®I'y` d'pmefecl -F elevated or otherwise nroteGted frn.� . areas. v.a� n that a169 Of�tFibutete4h6400d loss. 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 in a mariner that does not adversely affect endangered species or their habitats. The degree of properU and habitat 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 €lood damages to property or habitat 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- 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; Revision 2.3 October 9, 2017 Page 12 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. 17.04.040 Application of title. This title shall apply to all Special Flood Hazard Areas, as defined in Section 17.08.040, within the jurisdiction of Whatcom County. TT7 n, 0 (,) 0-- Basis- f,$ir- establishipg- areas of s eri frlo�Gd hazard, The arc�treai s- c�speoi t 4l� hazaFd4d ,Atifie'd-- by -Yhe- Federal- Insura ministration aFe— conr.ata -in- a.. i ntlfiv R d "The Flood I n� nt„ of Wha oQ e a engineering fepcx- 4'er�ti -tie �ran�ce�t�dy -fc� � - �,- �- =- �«ts�emt Was. hington "- (offective -dat ept m 0, 1 977). -The aGoompanying rl�fanGe-Rate-Maps,-4ated- Septer"rs, b°vrrc',rn, -1.977-i-±nd- September 28 194 inn ding- ..a,G�,+,o� m.pa—,ing reports and any subsEquent- arnendmeRts -made by- the- FFeci�' eral E efg yW anagemef it-Agenc}F�ed�sse��^ -�and- defilaFed to be a pa s is-&R file-at-the depaftm ent of p biro Works 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. 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. 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. 1:84 090-- Penafty -fo"erwsomplianc.e. Any person, (firm -or oor- peration- violating any o€ they- previsions -ef his4itle- shall be deemed- g+u4ty- -e# a misdomeaner- and - sash- day--dering -w hiGh such - violation s-- continued or-committed shall - constitute -a- separate- offense, and- epen- convirtion- -t- hereofe shall punished by a fine- -of-not -none than $500.(10-* 4mp- ri&onment -in-the- county jailor -a period-not-exceeding 90 daysTar- y -botl- such fine- and - imprisonment:- Nothing- ccontained- berei-n -shat pmwent W- hatcom County fro€n4aking- such other lawful action- as- isr- necessary4s-l-srevent or remedy any- vielatiorF- 17.04.100 Severability. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. Revision 2.3 October 9, 2017 Page 13 Chapter 17.08 DEFINITIONS Sections: Breakaway wall. 17.08.010 Generally. 17.08.013 Accessory structure. 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. 17.08.051 Base flood elevation. 17.08.053 Basement. 17.08.055 Breakaway wall. 17.08.057 Coastal high hazard area. 17.08.058 Critical Facility. 17.08.060 Development. 17.08.062 Dry floodproofing. 17.08.064 Elevation certificate. 17.08.066 FEMA. 17.08.070 Flood or flooding. 17.08.080 Flood Insurance Rate Map (FIRM). 17.08.090 Flood insurance study. 17.08.092 Flood protection elevation. 17.08.095 Floodway. 17.08.097 Historic structure. 17.08.100 Lowest floor. 17.08.110 Manufactured home. 17.08.120 Manufactured home park or subdivision. 17.08.130 New construction. 17.08.140 Recreational vehicle. 17,08155 Special Flood Hazard Area (SFHA). 17.08.160 Start of construction. 17.08.170 Structure. 17.08.178 Substantial damage. 17.08.180 Substantial improvement. 17.08.190 Variance. 17.08.193 Watercourse. 17,08.195 Wet floodproofinc. 17.08.200 Zone. 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. 17.08.013 Accessory structure. "Accessory, structure" means a structure which is on the same parcel of property as the principal structure_ to be insured and the use of which is incidental to the use of the principal structure. 17.08.015 Administrator. Whenever the term "administrator" is used it means the director of Ppublic Wworks or his designee. Revision 2.3 October 9, 2017 Page 14 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. 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. 17.08.040 Area of special flood hazard. "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. Areas of special flood hazard are designated on Flood Insurance Rate Maps with the letters "A" or W" including AE, AO, AH, Al -99 and VE. The area of special flood hazard is also referred to as the special flood hazard area or SFHA. 17.08.050 Base flood. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as "100 -year flood." Designation on maps always includes the letters A or V. 17.08.051 Base flood elevation. "Base flood elevation" is the elevation of the base flood above the datum of the effective FIRM. 17.08.053 Basement. "Basement" is any area of the structure having its Floor sub -grade (below ground level) on all sides including a sub-grade crawlspace. 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. 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 V1430, VE or V. 17.08.058 Critical facility. "Critical facility" means a facility necessary to protect the public health, safety, and welfare during a flood. Critical facilities include, but are not limited to- schools; nursing homes; hospitals, police, fire, and emergency operations installations; water and wastewater treatment plants; electric power stations;. and installations which produce, use, or store hazardous materials or hazardous waste {other than consumer products containing hazardous substances or hazardous waste intended for household use). 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 storaige of equipment or materials subdivision of land removal of substantial amounts >5% of vegetation, or alteration of natural site characteristics located within the area of special flood hazard. 17.08.062 Dry floodproofing. "Dry floodproofing" means any combination of structural and non - structural measures that prevent flood waters from entering a structure. Revision 2.3 October 9, 2017 Page 15 17.08.064 Elevation certificate. "Elevation certificate" means the official form from FEMA used to provide elevation information necessary to ensure compliance with provisions of this ordinance and determine the proper flood insurance premium rate. 17.08.066 FEMA. "FEMA" means the Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program. 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 the overflow of inland or tidal waters; and /or the unusual and rapid accumulation or runoff of surface waters from any source. 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. 17.08.090 Flood insurance study. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Map, and the water surface elevation of the base flood. 17.08.092 Flood protection elevation (FPE). "Flood protection elevation" means the elevation above the datum of the effective_ FIRM to which new and substantially improved structures must be protected from flood damage. 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. 17.08.097 Historic structure. "Historic structure" means a structure that is: A. Listed on the National Register of Historic Places, the Washington Heritage Register, or the Washington Heritage Barn Register; or B. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as a historic district; or C. Designated as historic under a state or local historic greservation program that is approved by the Department of Interior. 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 non - elevation design requirements of this title found at WCC 17.16.080(2). 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 Revision 2.3 October 9, 2017 Page 16 trailers, travel trailers, and other similar vehicles placed on a site for greater than 4120 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 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. 17.08.130 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. 17.08.140 Recreational vehicle. "Recreational vehicle" is a vehicle which is: A. Built on a single chassis; and B. Four hundred square feet or less when measured at the largest horizontal projection; and 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. 17.08.155 Special flood hazard area (SFHA). See 17,08.040 "Area of special flood hazard." 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. 17.08.170 Structure. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 17.08.178 Substantial damage. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restorin the structure to its before - damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damagge also means flood- related damage sustained by a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred. 17.08.180 Substantial improvement. "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. Before the damage occurred, if the structure has been damaged and is being restored. Revision 2.3 October 9, 2017 Page 17 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. The term does not, however, include either: C. Any project for improvement of a structure to correct pre -cited existing violations of state or local health, sanitarV, or safety codespecifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, orsonN4y- with-existing -state I health nitaFy of safety re ,�'4, �,, sole r nc5n8 ary try a6suF_ 6?� i�6arnwt�mr `�`armu� �'�`16^ati$r�C�vYI•PIV�l -a�. av�vr>- rr�va- .TUCrr7zvcr vorEi- Saf$-11viF3g° SBRditiofier -far D. Any alteration of a Historic Sstructure per the definition in 17.08.097.1- l- Register -of- a State In.reptory of Histor n dlaraes HiStf }FI6- •P4eGe5- r- srvsysv -c'rr� 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. 17.08.193 Watercourse. "Watercourse" means only the channel and banks of an identifiable watercourse, and not the adioininq flood lain areas. The flood carrying capacity of a watercourse refers to the flood carrying capacity of the channel (except in the case of alluvial fans, where a channel is not typically defined). 17.08.195 Wet floodnroofing. "Wet Floodproofing" means permanent or contingent measures applied to a structure and/or its contents that prevent or provide resistance to damage from flooding by using flood-resistant materials and by allowing water to enter and exit the structure. 17.08.200 Zone. "Zone" means one or more areas delineated on the FIRM. The following zones may be used on the adopted FIRM. The Special Flood Hazard Area is comprised of the A and V Zones. — A: SFHA where no base flood elevation is, provided. — A #: numbered A Zones (e.g., A7 or A14), SFHA with a base flood elevation. — AE: SFHA with a base flood elevation. — AC►: SFHA subiect to inundation by shallow floodiag-usually flooding—usually resulting from sheet flow on sloping_ terrain, with average depths between one and three feet. Average flood depths are shown. — AH: SFHA subject to inundation by shallow flooding (usually areas of pondinq) with average depths between one and three feet. Base flood elevations are shown. — B. the area between the SFHA and the 500 -year flood of the primary source of flooding. It may also be an area with a local, shallow flooding problem or an area protected by a levee. - C ^an area of minimal flood hazard, as above the 500 year flood level of the primary source of flooding. B and C Zones may have flooding that does not meet the criteria to be mapped as a Special Flood Hazard Area, especially ponding and local drainage problems. — D: area of undetermined but possible flood hazard. — V: the SFHA subject to coastal high hazard flooding including waves of 3 feet or greater in height. There are three types of V Zones: V, V #, and VE, and they correspond to the A Zone designations. X: the area outside the mapped SFHA. Revision 2.3 October 9, 2017 Page 18 — Shaded X: the same as Zone B, above. Revision 2.3 October 9, 2017 Page 19 Chapter 17.10 REGULATORY DATA Sections: 17.10.010 Basis for establishing Special Road Hazard Area. 17.10.020 Flood hazard data. 17.10.030 blew regulatory data. 17.10.010 Basis for establishing Special Flood Hazard Area. A. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled "Flood Insurance Study for Whatcom County, Washington All Jurisdictions)" dated November 16 2007 and any revisions thereto with an accompanying Flood Insurance Rate Map (FIRM) for "Whatcom Coup,!, Washington All Jurisdictions)" dated January 16 2004 and November 16 2007 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the Department of Public Works. B. The administrator shall make interpretations where needed as to the exact location of the boundaries of the SFHA where there appears to be a conflict between the mapped SFHA boundary and actual field conditions, as determined by the base flood elevation and ground elevations. The applicant may appeal the administrator's interpretation of the location of the boundwy in accordance with WCC 17.12.040. C. The applicant may officially have a structure or property emoved from the SFHA by obtaining a Letter of Map Amendment (LOMA) with FEMA. A LDMA establishes a structure or property's location in relation to the SFHA. LOMAs are usually issued because a property has been inadvertently mapped as beingin_ the flood lain but is actually on natural high ground above the base flood elevation. 17.10.020 Flood hazard data. A. The base flood elevation for the SFHAs of Whatcom County, Washington shall be as delineated on the 100 -year flood profiles in the" Flood Insurance Study for Whatcom County, Washington (All_ Jurisdictions)." B. The base flood elevation for each SFHA delineated as a "Zone AW or "Zone AO" shall be that elevation (or depth) delineated on the Flood Insurance Rate Map. Where base flood depths are not available in Zone AO the base flood elevation shall be considered to be two feet above the highest grade adjacent to the structure. C. The base flood elevation for all other SFHAs shall be as defined in Sections 17.10.020.E and 17.10.030.C. D. The flood protection elevation shall be the base flood elevation plus one foot. E. The floodway shall be as delineated on the Flood Insurance Rate Map or in accordance with Sections 17.10.020.E and 17.10.030.C. F. Where base flood elevation and floodway data have not been provided in Special Flood Hazard Areas the administrator shall obtain review, and reasonably utilize any base flood elevation and floodway data available from a Federal State focal or other source. In cases where the administrator is unable to obtain any base flood elevation the flood protection elevation shall be two feet above the highest adjacent grade. 17.10.030 New regulatory data. A. All requests to revise or change the flood hazard data including re guests for a Letter of Map Revision and a Conditional Letter of Map Revision shall be reviewed by the administrator. Revision 2.3 October 9, 2017 Page 110 1. The administrator shall not sign the Community Acknowledgement Form for any requests based on filling or other development, unless the applicant for the letter documents that such filling or development is in compliance with this ordinance. 2. The administrator shall not approve a request to revise or change a floodway delineation until FEMA has issued a Conditional Letter of Map Revision CLOMR that approves the change. & if an applicant disagrees with the regulatory data prescribed by this ordinance, he/she may submit a detailed technical study needed to replace existing data with better data in accordance with FEMA mapping guidelines. If the data in question are shown on the published FIRM, the submittal must also include a request to FEMA for a Conditional Letter of Map Revision. C. Where base flood elevation or floodway delineation is not available in accordance with WCC 17.10.020, applicants For approval of new subdivisions and other proposed developments [including proposals for manufactured home parks and subdivisions] greater than 50 lots or 5 acres, whichever is the lesser, shall include such data with their permit applications, unless waived by the administrator. This provision does not apply to applications for permits for small projects on large lots, such as constructing a single family home. Revision 2.3 October 9, 2017 Page 111 Chapter 17.12 ADMINISTRATION Sections: 17.12.010 Establishment of floodplain development permit. 17,12 012 Requirements for floodplain development ermit application within a SFHA. 17.12.020 Administrative department - Designated. 17.12.030 Administrative department - Duties and responsibilities. 17.12.040 Variances - ProcessAppeats- board+&hed- l=asts &4ai4aR- into - account -Mail of records. 17.12.050 Variances - Conditions for issuance. 17.12.060 Appeals. 17.12.070 Enforcement. 17.12.010 Establishment of floodplain development permit. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in WCC 17.10.01004050. The permit shall be for all stFHStUFeS iRc4udiRg-manufaotuFed h es, ssAt ferlh -in -the definmfion and far ell development iF� rid -ether aetiVities; alscr,as set forth in the- def-initiogsSection 17.08.060. In situations where another County permit is required for development the floodplain development_ permit may be issued in the form of conditions within the other County permit. 17.12.012 Requirements for floodplain development permit application within a SFHA. Application for a floodplain development permit within a SFHA shall be made through the dgyelopment application process administered by the Department of Planning and Development Services or on forms furnished by the Ddepartment of Ppublic Wworks if other local permits are not re wired and may include, but not be limited to_; A. -One or more site plans 44uplicate -drawn to scale showing_ 1_ -Tthe nature, location, dimensions, and elevations of the areaproperty; 2. Names and locations of all water bodies, waterways, and drainage facilities_ within 200 feet of the i sc 3. E in question, existing andeF proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials;; 4. Existing and proposed drainage facilities including, but not limited to, swales, storm sewers, overland flow paths, and detention facilities:; 5. The elevation of the 1 00 ear floods where the data are available.- and4he lan atkwn of he- foFegoi peGifically - the °follriW Aq Vation in relation te- mean -sea- leyel. of the !Gwest4�4ncluding basement) °f- all- str-usture& EJ_ EleyatiGn in rdafiAA tG' Mean-Sea - leVel is INN& any -&-u ell; 6. Existing and proposed contours at intervals sufficient to accurately determine the extent of proposed changes if the proposed project involves grading, excavation, or filling. 7. Existing vegetation and proposed vegetation removal and revegetation. B. If the proposed project will be elevated including a new structure, substantial improvement, or repairs_ to a substantially damaged structure, the application shall include the flood protection elevation for the building site and the proposed elevations of the following 1. The top of lowest floor (including basement, crawlspace, or enclosure_ floor) 2. The top of the next higher floor 3. The bottom of the lowest horizontal structural member (in V Zones only) 4. The top of the slab of an attached garage 5. The lowest elevation of machinery or equipment servicing the structure 6. The lowest adjacent (finished) grade next to structure 7. The highest adjacent (finished) grade next to structure Revision 2.3 October 9, 2017 Page 112 8. The lowest ad'acent grade at the lowest elevation of a deck or stairs including structural suppo rk C. If the proposed project will be wet or dry flood roofed, including a new structure, substantial improvement, or repairs to a substantially damaged nonresidential structure, the application shall include the flood protection elevation for the building site and the elevation in relation to the datum of the effective FIRM to which the structure will be floodproofed and a Gcertification by a registered professional engineer or licensed architect that the floodproofing methods for y-nenres de:ntialstructtire meet the floodproofing criteria as-providdedd in Section 17.16.090 or 0--and D. The application shall include a 9description of the extent to which any watercourse will be altered or relocated as a result of proposed development: and shall also submit a request for a_Conditional Letter of Map Revision (CLOMR) where required by FEMA. The project will not be approved unless FEMA issues the CLOMR and the provisions of the letter are made part of the permit requirements. E The applicant shall submit a finished construction elevation certificate completed and certified by a licensed professional surveyor prior to occupancy. F Compliance with FEMA's National Flood Insurance Program including the protection standards for critical habitats for listed species, shalt be demonstrated through a habitat assessment and if necessary, a mitigation plan done in accordance with the FEMA Regional Guidance for the Puget Sound Basin. 17.12.020 Administrative department —_Designated. The Ddepartment of Ppublic Wworks is appointed to administer and implement this title by granting or denying floodplain development permit applications in accordance with its provisions. 17.12.030 Administrative department — Duties and responsibilities. The duties of the Ddepartment of Ppublic Wworks shall include, but not be limited to: A. Permit Review. The Ddepartment of Ppublic Wworks shall: 1. Review all floodplain development permit applications to determine that the permit requirements of this title have been satisfied; 2. Review all floodplain development permits applications 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 floodplain development permits applications to determine if the proposed development adversely affects the flood- carrying capacity of the area of special flood hazard and Prohibit those developments that are determined to adversely affect the flood - carrying capacity. For purposes of this chaptersection, "adversely affects flood - carrying capacity" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point. 4. Review and approve all elevation certificates if in compliance with this Title. 5.Review all development permit applications within the SFHA to ensure the proposed development is compliant with FEMA's National Flood Insurance Program protection standards for critical Mabitats of species listed under the Endangered Species Act. 6. Notify the Department of Planning and Develo ment Services of the review and decision results of the above in a timely manner, B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with WCC 17.0410 -95 aromas Of Spesa"#n�azard, the Ddepartment of Ppublic Wworks shall obtain, review, and reasonably use any base flood elevation and floodway data Revision 2.3 October 9, 2017 Page 113 available from a federal, state, or other source in order to administer WCC 17.16.070; Spesi€ic stand and 17.16.120, Fleedways. C. Information to be Obtained and Maintained. The Ddepartment of Ppublic Wworks shall: 1. When base flood elevation data is provided through the flood insurance study or required as in WCC 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 to which the structure has been floodproofed (in relation to datum specified on the FIRMmean sea iZel), and b. Maintain tk+e #oedpreefing-certifications- Fequired in WGr 17.12 n A by a registered professional engineer that the floodproofing methods for any structure meet the criteria as provided in WCC 17.16 -090; 3. Maintain for public inspection all records pertaining to the provisions of this title. 4 Submit reports as required by FEMA for the National Flood Insurance Program. D. Alteration of Watercourse. The -depaFtrn- ant-of-buildings irAmfia l;- 1. Prior to d mv alteration or relocation of a watercourse, the Department of Planning and Developmenk Services shall provide nofificationNe* to adjacent communities and the Washington State Department of Ecology in accordance with WCC 16.08.prie- to• -any a4kH+ -Gf-a- wateFSaume, and 2. The Department of Public Works shall: a. Provide submit evidence of such notification to FEM. the Federal lnsufanrae�Administration if requested; 2—b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. €.44eF retati of FIRM Boun ies —The dPpartmenVo ,i -- wwerks_-shall ma k�e€a needed;-as -t'a tlae e-b undwi eFe th uppeaFS to -be-a mapped b - eal-��itlans The pees ,n_ sontes" -lhe location rly shall be-gi•ven 4easan bte- A�ortunity to -awl the pF Lion as- pravjded --in -W CC47.'�^. Et=. 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. 96 -050 Exh A; Ord. 87 -25 (part)). 17.12.040 Variances — Process-Appeals bo establiskted — Factors t -ace-quart — Mainteraaaee of FeGO S. A. The hearing examiner as established by Whatcom County shall hear and decide appeats -and requests for variances from the requirements of this title. I3 The4 ear*n9-- ex-a,T per s salt- hear -- and -dnGK; e- eat -whonA -4&- alleged there ms an err F- 4n -ari►- requirement, de is 1„ ' —e+rve er-minatio C` de by adrmrrt°i��- W;: —in- A enfornement OF admjfvi&W ,9ti thus MW Revision 2.3 October 9, 2017 Page 114 C. Those- aggrieved by the des+sion -of- the -heari 9 exa Fn iReF, Or a y4axpayerF4iayLa peal such de ;slam -tai i.he s- uperi®r-wurt -as- pro -vided ,n RGVV Gha tw 3G�M 9,13. In deciding variance reauestspa tiaras, the hearing examiner shall consider WCC 17.12.050; all technical evaluations, afl- relevant factors, and 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; 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. 12. The potential of the proposed development to adversely affect endangered species and proposed mitigation measures to ensure compliance with the Endangered Species Act. C. Upon consideration of the factors of subsection 9u of this section and the purposes of this title, the hearing examiner may attach such conditions to the granting of variances as "eemeds necessary to further the purposes of this title. 1=D. The hearing examiner shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 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 WCC 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 Historic Sstructures listed on -the N,ational -�of �'�tG4G --Pdaces er-- the-Stgte4evepWy- of-Histefi�& P4ases without regard to the procedures set forth in 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. Revision 2.3 October 9, 2017 Page 115 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 WCC 17.12.040D, or conflict with existing local laws or ordinances. 4. A determination that the proposed development is compliant with the Endangered Species Act- 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 f 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 WCC 17.12.050A, and otherwise complies with WCC 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. 17.12.060 A eals. A. Any aggrieved party may appeal any order, variance condition of approval, or alleged error made by the administrator in the administration or enforcement of this chapter to the hearing examiner, who shall have the authority to hear and decide such appeals. B. An appeal shall be filed within 14 days of the issuance of a final permit decision. For decisions associated with a project permit, as defined in WCC 20.97, the final permit decision is when the project permit is is_ sued. For decisions not associated with e_proiect permit, the final permit decision is when the flood lain development permit is issued by the administrator. C Appeals shall be processed in accordance with WCC 20.92 and accompanied by a fee as specified in the unified fee schedule. D. The applicant any party of record, or any county department may appeal any final decision of the hearing examiner to Superior Court within 10 business days of the final decision of the hearing examiner. 17.12.070 Enforcement. 1. Any person, firm or corporation violating any of the provisions of this title may be subject to enforcement actions and penalties allowed by County Code, as amended, for the applicable development permit, approval, or license required for the floodplain development or action. The administrator is hereby authorized to enforce the provisions of this chapter. 2. The enforcement process and penalties contained in WCC 20.94 are hereby adopted in full for enforcement of this chapter, except for WCC 20.94.010 (Purpose) and WCC 20.94.060 (Appeals). provided that each occurrence of the term "Zoninq Administrator" shall be substituted with "Administrator." Revision 2.3 October 9, 2017 Page 116 Chapter 17.16 FLOOD HAZARD REDUCTION STANDARDS Sections: 17.16.010 6eneFa1sStandards. 17.16.020 Anchoring. 17.16.030 Construction materials and methods. 17.16.040 Utilities. 17.16.050 Subdivision proposals. 17.16.060 Review of building permits. 17:16:074 SpeGmGG standards, 17.16.080 Residential construction. 17.16.090 Nonresidential construction. 17.16.095 Critical facilities. 17.16.100 Manufactured homes. 17.16.110 Agr +i urat-hOldingsWet floodproofing. 17.16.115 Recreational vehicles. 17.16.120 Floodways. 17.16.130 Standards for shallow flooding areas (AO Zones), 17.16.140 Coastal high hazard areas. 17.16.010 GenefatsStandards. Ip -altar -eas -( , ood- hazards t-i 68 he standards set forth in WCC 17.16.020 through 17.16.91 40 are required in all areas of special flood hazards. 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 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). 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. C. 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. Locating such equipment below the base flood elevation may cause flood insurance premiums to be increased. 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 designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. C. On -site waste storage and disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding. Revision 2.3 October 9, 2017 Page 117 D. Water supply wells associated with new development shall be located where it is not subject to pondinq and is not in the floodway. 17.16.050 Subdivision proposals. A. All subdivision proposals shall: 1. Bbe consistent with the need to minimize flood damage. 2 B. All subdivision pmposats- shall-hHave public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. C-A1 "Have adequate drainage provided to reduce exposure to flood damage. D-.B. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated four subdivision-proposals and ^� th opesed- devei -Gpm-entwhictvcor►tain -at- leas lots or five aGres whiGhever -is"- less). developed in accordance with WCC 17.10.030.C. 17.16.060 Review of building permits. Where elevation data is not available, either through the flood insurance study or from another authoritative source (WCC 17.10.010 and WCC 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 the highest adjacent grade in these zones may result in higher insurance rates. 1-7-A- 6-.074— Spesift sta ndafds: in all aFeas of speG a fHGGd-hazards -where _ flood ele atkHv4ata -has been provided as set forth in OIGGG 1"7.44 Q5Q Basi6 lishing the areas of speGi 1- , Use of otheF 6B flood data, s- b'etfedh--ir1_lA1CC 1716.080 through! .1 fl .srdfequir�. 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 the base-flood Qrotection elevation, as determined in accordance with WCC 17.10.020.D. B. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 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 on different sides of each enclosed area 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 flood waters. C. Subgrade crawl spaces are prohibited unless the following conditions are met; 1. The interior grade of a crawls ace below the base flood elevation must not be more than 2 feet below the lowest adiacent exterior grade ' 2. The hei ht of the sub grade crawls ace measured from the interior grade of the crawls ace to the top of the crawlspace foundations wall must not exceed 4 feet at any point; Revision 2.3 October 9, 2017 Page 118 3. A drainage system designed to adequately drain the subgrade crawl space area (e.g. sub - surface drains or sump pump system) once floodwaters have receded must be provided; and 4. The crawlspace must comply with applicable FEMA guidance (FEMA Technical Bulletin 11, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas or updated guidance). The administrator will notify the applicant that construction of a subgrade crawl space will likely impact flood insurance premiums. 17.16.090 Nonresidential construction. New construction and substantial improvement of any commercial, accessory, agricultural, industrial or other nonresidential structure together with attendant utility and sanitary facilities shall: A. &hafl either hHave the lowest floor, including basement, elevated to the level of the flood protecji©n elevation. The space below the lowest floor must meet the standards in WCC 17.16.080B and 17.16.080C; or B. Shall bBe flood proofed so that: 1. Below the base -flood level protection elevation the structure is watertight with walls substantially impermeable to the passage of water; and 2. Have- sStructural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Be— .whfied,lay -a- registered- pmfessi tit; that -tThe design and methods of construction are certified by a registered professional engineer 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 WCC 17.12.030F and shall be provided by the applicant eras required by the Ddepartment of Pffublic Wworks; or- C. Be wet floodproofed in compliance with the requirements of WCC 17.16.110. Nor eet the same-sta ds. ter- space below -tile lowest4loer as de4oribed in WSS 17.1 480 : l- 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). 17.16.095 Critical facilities. Construction of new critical facilities shall be to the extent Possible, located outside the limits of the SFHA (100 -year floodolain). Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the floodplain shall have the lowest floor elevated two feet above the base flood elevation.. Floodproofing and sealing measures must betaken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be xovided to all critical facilities to the extent possible without adversely affecting the flood-carrying capacity of the SFHA. 17.16.100 Manufactured homes. All manufactured homes to be placed or substantially improved shall be_ A. within Zones A4 30, AH, and A-E-s4aa,11--baa- eElevated on a permanent foundation SLJG z that the•lowesf -floor of the rsaeufastufed-h mme- is- a#-Gpab4ave- tl4&-base- loo444evatioR and accordance with WCC 17.16.080 if within zones A, AE, AH, and AO, and subject to WCC Chapter 15. Revision 2.3 October 9, 2017 Page 119 B. Elevated on a permanent foundation in accordance with WCC 17.16.140 if within zones V_ or VIE. C. b"Securely anchored to an adequately anchored foundation system in accordance with the provisions of Sestier}WCC 17.16.0208. 17.16.110 Ag- PkAtltu raJ build sWet flood proofing. s€ all- r piy-Mh WCC , 7.16 nan,-A. Wet floodproofing is allowed for the following_ types of nonresidential construction: 1. Wet floodproofing is allowed without a variance for enclosed areas below the flood protection elevation that are used solely for parking, access, or limited storage, including attached and detached garages. 2. Wet floodproofing is allowed with a variance for the types of structures listed below; however, the administrator may waive the requirement for a formal variance provided the proposal meets the conditions of WCC 17.16.11013 and applicable FEMA guidance (FEMA Technical Bulletin 7 Wet_ Floodproofing Requirements or updated guidance). a. Structures functionally dependent on close proximity to water. b. Historic structures. c. Residential accessory structures that do not exceed a maximum value of $25,000 for the cost of construction and are designed to have a low potential for structural damage. The market value of construction shall be determined by the administrator in accordance with the valuation procedure used when setting building permit fees. d Agricultural structures used exclusively in connection with the production harvesting storage, drying or raising of agricultural commodities, including iivestock, if they are designed to have a low potential for structural damage. B. Each structure that is wet floodproofed shall meet the following standards: 1. It shall comply with the floodway encroachment provisions of WCC 17.16.120, 2. It shall be anchored to prevent flotation, collapse, and lateral movement. 3. All portions of the structure below the flood protection elevation shall be constructed of flood- resistant materials. 4 Service utilities such as mechanical, electrical, and heating equipment shall meet the standards of WCC 17.16.030.0 and 17.16.040. 5. It shall have openings to allow free flowage of water that meet the criteria in WCC 17.16.080.B. 6. It shall be designed to have a low potential for structural damage from Flood inundation scourin velocities, and debris impact. 7. The intended use of the structure shall have a low damage potential for content damage_ or an emergency operation plan to remove the contents. 8. The prohect shall meet all other re uirements of this ordinance. 17.16.115 Recreational vehicles. Recreational vehicles placed on sites within Zones A! 30 °H °E and a "A, AE�AH, Aft, V, and VE Zones on tl,e- Gemmunity's- F4RM-shall either: Revision 2.3 October 9, 2017 Page 120 A. Be on the site for fewer than 494-120 consecutive days; and B. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and having no permanently attached additions; or C. Meet the requirements of WCC 17.16.100 and anchoring requirements for manufactured homes. 17.16.120 Floodways. Located within areas of special flood hazard established in WCC 17.10.010 1 704,050 -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 OFarehiteetis provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. Construction or reconstruction of residential structures is prohibited within designated floodways, except for the following: 1Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area, provided that re a ;rs reconstruction nr ir.,.,r vements #4a,_a-_str tam -the cost of which does not exceed 50 percent of the market value of the structure either (a) before the repair, reconstruction, or improvement is started; or (b) before the damage occurred, if the structure has been damaged; and is being restored. Work done on structures to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions to-GGm#y with existing hea#h -, sanitary er 4ti er sa# rtO StFUCtUFes4ckRtif*W-ar,-histerRr. s shall not be included in the 50 percent. 2. Repairs, replacement, reconstruction, or improvements to existing farmhouses located in designated floodways and located on designated agricultural lands that do not increase the building's total square footage of encroachment and are consistent with all requirements of WAC 173 - 158 -075; 3. Repairs, replacement, reconstruction, or improvements to substantially damaged_ residential dwellings other than farmhouses that do not increase the building's total square footage of encroachment and are consistent with all re uirements of WAC 173 - 158 -076; or 4. Repairs reconstruction, or improvements to residential structures identified as historic structures that do not increase the building's dimensions. C. If the provisions of WCC 17.16.120A or B are met-is- satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. 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, t&Gr -one foot 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: Revision 2.3 October 9, 2017 Page 121 1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or-one foot 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 WCC 17.16.090BA.3. C. Adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures shall be provided. 17.16.140 Coastal high hazard areas. Located within areas of special flood hazard established in WCC 17.144)5G- 10.020 are coastal high hazard areas, designated as Zones V1- V30—,V€- d/ar--V and VIE. These areas have special flood hazards associated with high velocity waters from tidal surges and, therefore, in addition to meeting all applicable provisions in this title, the following provisions shall also apply: A. All new construction and substantial improvements in Zones V! V30 and VIE (V if base flood t.leyatior; data a 'Iabie) 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 - -f ood4avel flood protection elevation; 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 egaa4ede% sled 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 V4-30 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 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 Revision 2.3 October 9, 2017 Page 122 loading values to be used in this determination shall each have a one percent chance of being equa4ede ug tiled 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. Revision 2.3 October 9, 2017 Page 123 Chaptef 17 00 (Rap"ed -by Ord. 2008- (347) Revision 2.3 October 9, 2017 Page 124 Chapter 17.24 UNAUTHORIZED USE OF MOTORIZED VEHICLES UPON FLOOD CONTROL STRUCTURES Sections: 17.24.010 Definitions. 17.24.020 Unauthorized use of motorized vehicle. 17.24.030 Violation — Penalty. 17.24.010 Definitions. The definitions set forth in this section shall apply throughout this chapter. A. "County' means Whatcom County, unless otherwise noted. B. "Flood control structure" means any structure, whether natural or man -made in origin that operates, or is intended, to contain, channelize, direct or otherwise control the flow of water along or near the banks of the Nooksack River. C. "Motorized vehicle" means any vehicle that is motor - driven, whether by internal combustion engine or electric motor, and any attachments thereto. D. "Nooksack River" means the river commonly known as the Nooksack River, along with its North, Middle, and South Forks, as more precisely defined in WAC 173 -18 -410 as now written or hereinafter amended, and the channels within which this river and its forks flow, within Whatcom County. E. "Proper authorization" means use of a motorized vehicle for purposes of inspection, maintenance, improvement, or construction of flood control structures, or for access for legitimate agricultural purposes: 1. By immediate family members or current employees of the owner or tenant of the land upon which the flood control structure is located, under the authority and direction of that owner or tenant, or 2. Under the authority and with the current permission of the public agencies responsible for flood control activities within the county. The claim of proper authorization is an affirmative defense which must be pled prior to hearing or trial, and which the defendant must prove by a preponderance of the evidence. (Ord. 2003 -002). 17.24.020 Unauthorized use of motorized vehicle. It is unlawful for any person to operate, or to ride upon, a motorized vehicle on any flood control structure within 3,000 feet of the Nooksack River, unless done with proper authorization. (Ord. 2003 -002). 17.24.030 Violation — Penalty. Violation of this chapter shall constitute a Class 1 civil infraction under the authority granted the county in Chapter 7.80 RCW. Each violation hereof shall be punishable by a maximum penalty or default amount as set forth in RCW 7.80.120, or any successor statute thereto. All violations shall be charged, heard, and determined in accordance with the procedures set forth in Chapter 7.80 RCW. Employees of the Whatcom County Ppublic Wworks department, Rfiver and Fflood division, or its successor agency, if any there be, as well as all others who are otherwise authorized to enforce ordinances of this county, are hereby authorized to enforce the provisions of this title, consistent with the provisions of Chapter 7.80 RCW. After having been found to have committed two infractions for violations of the provisions of this chapter, any person who further violates the provisions of this chapter shall be guilty of a misdemeanor, and shall be subject to criminal penalties including a fine of not more than $1,000, together with statutory assessments and any costs of action, and imprisonment in the county jail for a period of not more than 90 days. Revision 2.3 October 9, 2017 Page 125 In addition to the civil and criminal remedies provided for above, the county or the owner(s) of the land affected by the violation of the provisions of this chapter may bring such injunctive, declaratory or other actions as deemed necessary, and as otherwise allowed by law, to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this chapter. (Ord. 2003 -002). Revision 2.3 October 9, 2017 Page 126