Chapter 14.05 FLOOD HAZARD MANAGEMENT

The Legislature of the state of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. (Ord. 211 § 1.1, 1979)

14.05.020 Findings of fact.

(1) The flood hazard areas of Forks are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 211 § 1.2, 1979)

14.05.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1) To protect human life and health;

(2) To minimize expenditure of public money and costly flood control projects;

(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) To minimize prolonged business interruptions;

(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 211 § 1.3, 1979)

14.05.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 211 § 1.4, 1979)

Article II. Definitions

14.05.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(1) "Appeal" means a request for a review of the building inspector’s interpretation of any provision of this chapter or a request for a variance.

(2) "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one foot to three feet, a clearly defined channel does not exist, the path of the flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

(3) "Areas of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

(4) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or V.

(5) "Basement" means any area of a building having its floor subgrade (below ground level) on all sides.

(6) "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, or storage of equipment or materials operations located within the area of special flood hazard.

(7) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters; and/or

(b) The unusual and rapid accumulation of runoff of surface waters from any source.

(8) "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administration or the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(9) "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

(10) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(11) "Lowest floor" means the lowest floor of the lowest enclosed 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 chapter found at FMC 14.05.290(2).

(12) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on 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.

(13) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(14) "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter.

(15) "Recreational vehicle" means a vehicle:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(16) "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 a 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 the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.

(17) "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

(18) "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(19) "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner which would otherwise be prohibited by this chapter. (Ord. 525 § 1, 2004; Ord. 303 § 1, 1988; Ord. 211 § 2, 1979)

Article III. General Provisions

14.05.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Forks. (Ord. 211 § 3.1, 1979)

14.05.070 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration and the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Forks," dated July 4, 1978, with accompanying amended flood insurance rate map, dated May 27, 1988, and any revisions thereto, is hereby adopted by this reference and declared to be a part of this chapter. The Flood Insurance Study and accompanying amended flood insurance rate map are on file at Forks City Hall, Forks, Washington, and are incorporated herein by this reference in the same manner as if fully set forth herein. (Ord. 525 § 2, 2004; Ord. 303 § 12, 1988; Ord. 255, 1983; Ord. 211 § 3.2, 1979)

14.05.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 211 § 3.3, 1979)

14.05.090 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 211 § 3.4, 1979)

14.05.100 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 211 § 3.5, 1979)

14.05.110 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Forks, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 211 § 3.6, 1979)

Article IV. Administration

14.05.120 Establishment of development permit.

(1) Development Permit Required. A development permit shall be obtained before construction or development begins within any areas of special flood hazard established in FMC 14.05.070. The permit shall be for all structures including manufactured homes, as set forth in FMC 14.05.050, Definitions, and for all development including fill and other activities, also as set forth in FMC 14.05.050, Definitions.

(2) Application for Development Permit. Application for a development permit shall be made on forms furnished by the building inspector 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 in FMC 14.05.300; and

(d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 303 § 2, 1988; Ord. 211 § 4.1, 1979)

14.05.130 Designation of the building inspector.

The building inspector is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 211 § 4.2, 1979)

14.05.140 Duties and responsibilities of the building inspector.

Duties of the building inspector shall include, but not be limited to, FMC 14.05.150 through 14.05.190. (Ord. 211 § 4.3, 1979)

14.05.150 Permit review.

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of FMC 14.05.320(1) are met. (Ord. 211 § 4.3-1, 1979)

14.05.160 Use of other base flood data.

When base flood elevation data has not been provided in accordance with FMC 14.05.070, Basis for establishing the areas of special flood hazard, the building inspector 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 FMC 14.05.280, Specific standards, and 14.05.320, Floodways. (Ord. 303 § 3, 1988; Ord. 211 § 4.3-2, 1979)

14.05.170 Information to be obtained and maintained.

(1) Where base flood elevation data is provided through the flood insurance study (FIRM) or required as in FMC 14.05.160, obtain and record the actual as built elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2) For all new or substantially improved nonresidential floodproofed structures:

(a) Verify and record the actual elevation to which the structure was floodproofed (in relation to mean sea level); and

(b) Maintain the floodproofing certifications required in FMC 14.05.120(2)(c).

(3) Maintain for public inspection all records pertaining to the provisions of this chapter. (Ord. 525 § 3, 2004; Ord. 303 § 4, 1988; Ord. 211 § 4.3-3, 1979)

14.05.180 Alteration of watercourses.

(1) Notify adjacent communities and the state of Washington 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. (Ord. 211 § 4.3-4, 1979)

14.05.190 Interpretation of FIRM boundaries.

Make interpretations where needed, as to exact location of the boundaries of the area of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article V. (Ord. 211 § 4.3-5, 1979)

Article V. Variance Procedure

14.05.200 Appeal board.

(1) The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2) The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building inspector in the enforcement or administration of this chapter.

(3) Those aggrieved by the decision of the city council or any taxpayer may appeal such decision to the superior court of Clallam County.

(4) In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(a) The danger that materials may be swept onto other lands to the injury of others;

(b) The danger to life and property due to flooding or erosion damage;

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d) The importance of the services provided by the proposed facility to the community;

(e) The necessity to the facility of a waterfront location, where applicable;

(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(g) The compatibility of the proposed use with existing and anticipated development;

(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

(k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(5) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (4)(a) through (k) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(6) Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(7) The building inspector shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 211 § 4.4-1, 1979)

14.05.210 Conditions for variances.

(1) 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 the remainder of this section.

(2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that the granting of a variance would result in exceptional hardship to the applicant; and

(c) 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 FMC 14.05.200(4), or conflict with existing local laws or ordinances.

(5) 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.

(6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (1) of this section, and otherwise complies with FMC 14.05.230 and 14.05.240. (Ord. 303 § 5, 1988; Ord. 211 § 4.4-2, 1979)

Article VI. Provisions for Flood Hazard Protection

14.05.220 General standards.

In all areas of special flood hazards the following standards in FMC 14.05.230 through 14.05.270 are required. (Ord. 211 § 5.1, 1979)

14.05.230 Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (Ord. 303 § 6, 1988; Ord. 211 § 5.1-1, 1979)

14.05.240 Construction materials and methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 303 § 7, 1988; Ord. 211 § 5.1-2, 1979)

14.05.250 Utilities.

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 211 § 5.1-3, 1979)

14.05.260 Subdivision proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). (Ord. 303 § 8, 1988; Ord. 211 § 5.1-4, 1979)

14.05.270 Review of building permits.

Where elevation data is not available either through the flood insurance study or from another authoritative source (FMC 14.05.160), 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. 303 § 9, 1988; Ord. 211 § 5.1-5, 1979)

14.05.280 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in FMC 14.05.070, Basis for establishing the areas of special flood hazard, or FMC 14.05.160, Use of other base flood data, the following provisions of FMC 14.05.290 through 14.05.310 are required. (Ord. 211 § 5.2, 1979)

14.05.290 Residential construction.

(1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.

(2) 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:

(a) 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.

(b) The bottom of all openings shall be no higher than one foot above grade.

(c) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. (Ord. 303 § 10, 1988; Ord. 211 § 5.2-1, 1979)

14.05.300 Nonresidential construction.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:

(1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such specifications shall be provided to the official as set forth in FMC 14.05.170(2).

(4) Nonresidential structures that are elevated, but not floodproofed, must meet the same standards for space below the lowest floor as are described in FMC 14.05.290(2).

(5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). (Ord. 303 § 11, 1988; Ord. 211 § 5.2-2, 1979)

14.05.310 Manufactured homes.

All manufactured homes to be placed or substantially improved within zones A1-30, 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 is securely anchored to an adequately anchored foundation system in accordance with the provisions of FMC 14.05.230(2). (Ord. 303 § 11, 1988; Ord. 211 § 5.2-3, 1979)

14.05.315 Recreational vehicles.

Recreational vehicles placed on sites subject to the provisions of this chapter are required to either:

(1) Be on the site for fewer than 180 consecutive days; or

(2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(3) Meet the requirements of FMC 14.05.310 and the elevation and anchoring requirements for manufactured homes. (Ord. 525 § 5, 2004)

14.05.320 Floodways.

Located within areas of special flood hazard established in FMC 14.05.070 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:

(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrological and hydraulic analysis performed in accordance with standard engineering practices that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article, Provisions for Flood Hazard Protection.

(3) Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. (Ord. 525 § 4, 2004; Ord. 211 § 5.3, 1979)

14.05.330 Shallow flooding areas with depth designations.

Shallow flooding zones appear on FIRMs, with depth designations, wherever such flooding occurs on sloping water surfaces such as alluvial fan flow, wave wash after the wave has broken, etc. In these areas, the following provisions apply:

(1) New construction and substantial improvements of residential structures with AO zones shall have the lowest floor (including basement) elevated above the adjacent grade of the building site, to or above the depth number specified on the FIRM. Where appropriate, such structures shall be elevated above the crown of the nearest road, to or above the depth number specified on the FIRM. Where hazardous velocities are noted on the FIRM, consideration shall be given to mitigating the effects of these velocities through proper construction techniques and methods.

(2) New construction and substantial improvements of nonresidential structures within AO zones shall either:

(a) Have the lowest floor (including basement) elevated above the adjacent grade of the building site, to or above the depth number specified on the FIRM. Where appropriate, such structures shall be elevated above the crown of the nearest road, to or above the depth number specified on the FIRM; or

(b) 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.

Where hazardous velocities were noted on the FIRM, consideration shall be given to mitigating the effects of these velocities through proper construction techniques and methods. (Ord. 215 § 1, 1979)

Article VII. Flood Hazard Management Plan

14.05.340 Comprehensive flood hazard management plan.

(1) Adoption. The city of Forks adopts the proposed comprehensive flood hazard management plan, incorporated herein by reference as if fully set out, as recommended by the city’s planning commission; however, such adoption does not include the adoption or enactment of the plan’s Appendix D – Model Stormwater Management ordinance. Any review and consideration of Appendix D as a possible ordinance for the city of Forks shall be separate from this action by the city council.

(2) Application of the Plan to Annexed Areas. Realizing that the city’s borders do expand, this plan will also be applicable to those areas annexed into the city upon the effective date of such annexations.

(3) Resolution of Conflict between Wetland Verification Report and NWI Maps. Where a conflict arises between the stated existence of a wetland that is referenced on the National Wetland Inventory Map and incorporated into other city ordinances and this plan, the information contained within this plan’s Appendix B shall be controlling.

(4) Official Copy of Plan. Copies of the plan shall be maintained by the clerk/treasurer and the city planner. These copies will act as the official copies of the plan. (Ord. 427 §§ 1 – 4, 1997)