Chapter 16.58
FLOOD HAZARD AREA
Sections:
16.58.010 Short title.
16.58.020 General authority.
16.58.030 Purpose.
16.58.040 Relationship to framework ordinance.
16.58.050 Applicability.
16.58.060 Definitions.
16.58.070 Mapping.
16.58.080 Title notification.
16.58.090 Plat notification.
16.58.100 Exemptions.
16.58.110 Regulations.
16.58.120 Transfer of development rights.
16.58.130 Repealed.
16.58.010 Short title.
The ordinance codified in this chapter, together with any amendments, shall be known as the “Flood Hazard Area Ordinance.” (Ord. 1547 § 1 (part), 1992)
16.58.020 General authority.
This chapter is adopted under the authority of RCW 36.70A.050. (Ord. 1547 § 1 (part), 1992)
16.58.030 Purpose.
The purpose of these regulations is to protect floodplains which serve a particular value for hydrologic functions or which present a significant risk to people or property; and to conform to the Washington State Growth Management Act. (Ord. 1547 § 1 (part), 1992)
16.58.040 Relationship to framework ordinance.
The provisions of this chapter shall apply in conjunction with SMC 16.40.030 through 16.40.200. (Ord. 1547 § 1 (part), 1992)
16.58.050 Applicability.
Flood hazard areas are those areas within the city which show a past history or potential for flooding as established by the Sumner flood damage prevention regulations, chapter 15.52 SMC. (Ord. 1547 § 1 (part), 1992)
16.58.060 Definitions.
The definitions provided in SMC 15.52.050 are supplemental to this chapter, except as modified below:
A. “Floodway” means the channel of a river, or other watercourse, and the adjacent land areas that must be reserved in order to convey and discharge the base flood without cumulatively increasing the water surface elevation by more than one foot, and those areas designated as deep and/or fast-flowing water.
B. “Deep and/or fast-flowing water” means a combination of water depth and velocity as shown in the graph below. For purposes of this title, the floodway area will also be called deep and/or fast-flowing water.
(Ord. 1547 § 1 (part), 1992)
16.58.070 Mapping.
The boundaries established as flood hazard areas are those established as areas of special flood hazard by SMC 15.52.070. (Ord. 1547 § 1 (part), 1992)
16.58.080 Title notification.
All activity in flood hazard areas shall be accompanied by the recording of a notice with the Pierce County auditor in the form set forth below:
FLOOD HAZARD AREA NOTICE
Parcel Number:__________________
Address:_______________________
Legal Description:________________ ______________________________
Notice: This site lies within a Flood Hazard Area as defined by Chapter 16.58 of the Sumner Municipal Code. The site was the subject of a development proposal for _______________, Sumner application number ___ filed on____________________. Restrictions on use or alterations of the site may exist due to natural conditions of the site and resulting regulation. Review of such application has provided information on the location of a Flood Hazard Area and any restrictions on use.
Signature of owner(s)
(NOTARY ACKNOWLEDGEMENT)
(Ord. 1547 § 1 (part), 1992)
16.58.090 Plat notification.
For all proposed short subdivisions and subdivision proposals within flood hazard areas, the applicant shall include a note on the face of the plat as set forth below:
Notice: This site lies within a Flood Hazard Area as defined by the Sumner Municipal Code. Restrictions on use or alterations to the site may exist due to natural conditions of the site and resulting regulation.
(Ord. 1547 § 1 (part), 1992)
16.58.100 Exemptions.
The exemptions of SMC 16.40.100 do not apply to this chapter. See SMC 16.58.110 for exceptions. (Ord. 2071 § 40, 2003: Ord. 1547 § 1 (part), 1992)
16.58.110 Regulations.
The regulations of chapter 15.52 SMC apply to flood hazard areas, except as modified below:
A. No encroachments, filling, new construction, or substantial improvements shall be permitted in floodways, except as follows:
1. Work done by or for a public agency or utility, such as bridges, flood control works, revetments, retaining walls, drainage structures, or other structures necessary to promote the public’s health, safety, and welfare when the improvements do not obstruct the floodway, increase the water surface elevation more than one foot, or cause an adverse impact to adjacent, cross-channel or downstream properties, and the improvements utilize appropriate flood hazard protection standards;
2. Agricultural uses or recreational facilities that do not require the installation of utilities or structures;
3. Repair, maintenance and interior remodels to an existing structure that do not increase the ground floor area or overall square footage of the structure. (Ord. 2321 § 1, 2010: Ord. 2071 § 41, 2003: Ord. 1547 § 1 (part), 1992)
16.58.120 Transfer of development rights.
The flexibility in the layout and design of parcels for development shall be accorded as provided in SMC 16.40.140, clustering. (Ord. 1547 § 1 (part), 1992)
16.58.130 Additional studies.
Repealed by Ord. 2071. (Ord. 1547 § 1 (part), 1992)