Chapter 17.60
FLOODPLAIN MANAGEMENT

Sections:

17.60.010    STATUTORY AUTHORIZATION.

17.60.020    FINDINGS OF FACT.

17.60.030    STATEMENT OF PURPOSE.

17.60.040    METHODS OF REDUCING FLOOD LOSSES.

17.60.050    DEFINITIONS.

17.60.060    LANDS TO WHICH THIS CHAPTER APPLIES.

17.60.070    BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.

17.60.080    PENALTIES FOR NONCOMPLIANCE.

17.60.090    ABROGATION AND GREATER RESTRICTIONS.

17.60.100    INTERPRETATION.

17.60.110    WARNINGS AND DISCLAIMER OF LIABILITY.

17.60.120    ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.

17.60.130    DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR.

17.60.140    DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.

17.60.150    VARIANCE - COUNCIL AUTHORITY GENERALLY.

17.60.160    VARIANCE - ALLEGED ERROR BY ENGINEER.

17.60.170    VARIANCE - APPEAL TO COUNTY COURT.

17.60.180    VARIANCE - CONSIDERATIONS.

17.60.190    VARIANCE - LOTS OF ONE-HALF (0.5) ACRE.

17.60.200    VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS.

17.60.210    VARIANCE - RECORDS AND REPORTS.

17.60.220    VARIANCE - CONDITIONS GENERALLY.

17.60.230    FLOOD HAZARD PROTECTION - GENERAL STANDARDS.

17.60.240    ANCHORING.

17.60.250    CONSTRUCTION MATERIALS AND METHODS.

17.60.260    UTILITIES.

17.60.270    SUBDIVISION PROPOSALS.

17.60.280    REVIEW OF BUILDING PERMITS.

17.60.290    FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS.

17.60.300    RESIDENTIAL CONSTRUCTION.

17.60.310    NONRESIDENTIAL CONSTRUCTION.

17.60.315    CRITICAL FACILITY.

17.60.320    MANUFACTURED/MOBILE HOMES.

17.60.325    RECREATIONAL VEHICLES.

17.60.330    FLOODWAYS.

17.60.340    ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS.

17.60.350    COASTAL HIGH HAZARD AREAS.

17.60.010 STATUTORY AUTHORIZATION.

The City of Bremerton has the legal authority and responsibility to adopt regulations designed to promote the public health and general welfare of its citizenry pursuant to Article XI, Sections 10 and 11 of the Washington State Constitution and Article III of the Bremerton City Charter. (Ord. 5231 §1 (part), 2013: Ord. 3544 §1.1, 1979)

17.60.020 FINDINGS OF FACT.

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

(b)    These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 5231 §1 (part), 2013: Ord. 3544 §1.2, 1979)

17.60.030 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:

(a)    To protect human life and health;

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

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

(d)    To minimize prolonged business interruptions;

(e)    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;

(f)    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 blight resulting from future flood;

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

(h)    To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 5231 §1 (part), 2013: Ord. 3544 §1.3, 1979)

17.60.040 METHODS OF REDUCING FLOOD LOSSES.

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

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

(b)    Requiring that uses vulnerable to floods, including facilities which serve such uses, 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 floodwaters;

(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 floodwaters or which may increase flood hazards in other areas. (Ord. 5231 §1 (part), 2013: Ord. 3544 §1.4, 1979)

17.60.050 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.

"Appeal" means a request for a review of the City Engineer’s interpretation of any provision of this chapter or a request for a variance.

"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 (1) to three (3) 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.

"Area of special flood hazard" means the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.

"Base flood" means the flood having a one (1) percent chance of being equaled or exceeded in any given year.

"Base flood elevation" means the water surface elevation corresponding to a flood having a one (1) percent probability of being equaled or exceeded in a given year.

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

"Breakaway wall" means a wall that is not 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 damage to the elevated portion of the building or supporting foundation system.

"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE or V.

"Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.

"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, or storage of equipment or materials located within the area of special flood hazard.

"Elevated building" means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

"Elevations certificate" means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by community officials.

"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.

"Flood Insurance Rate Map" or "FIRM" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood.

"Floodplain" means any land area susceptible to being inundated by water from any source.

"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 (1) foot.

"Habitable floor" means any floor usable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

"Increased cost of compliance" or "ICC" means a flood insurance claim payment up to thirty thousand dollars ($30,000) directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility of an ICC claim can be through a single instance of "substantial damage" or as a result of "cumulative substantial damage."

"Lowest floor" means the lowest floor of the 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 chapter found at BMC 17.60.300(b).

"Manufactured home" means a structure, transportable in one (1) 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 trailer, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

"New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.

"Recreational vehicle" means a vehicle built on a single chassis, that is four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Start of construction" includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means 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. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

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

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

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

(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 correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum 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.

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 5231 §1 (part), 2013: Ord. 5020 §1, 2007: Ord. 4103 §51, 1987; Ord. 3544 §2.0, 1979)

17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Bremerton. (Ord. 5231 §1 (part), 2013: Ord. 3544 §3.1, 1979)

17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Kitsap County and Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying Flood Insurance Rate Maps, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The best available information for flood hazard area identification as outlined in BMC 17.60.140(b) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under BMC 17.60.140(b). The Flood Insurance Study is on file at the Bremerton Department of Community Development, 345 6th Street, Suite 600, Bremerton, WA 98337. (Ord. 5231 §1 (part), 2013: Ord. 5127 §1, 2010: Ord 5123 §1, 2010: Ord. 5020 §2, 2007: Ord. 4965 §2, 2006: Ord. 3544 §3.2, 1979)

17.60.080 PENALTIES FOR NONCOMPLIANCE.

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. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars ($1,000) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Bremerton from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 5231 §1 (part), 2013: Ord. 4103 §2, 1987; Ord. 3544 §3.3, 1979)

17.60.090 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. 5231 §1 (part), 2013: Ord. 3544 §3.4, 1979)

17.60.100 INTERPRETATION.

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

(a)    Considered as minimum requirements;

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

(c)    Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 5231 §1 (part), 2013: Ord. 3544 §3.5, 1979)

17.60.110 WARNINGS 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 the City, 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. 5231 §1 (part), 2013: Ord. 3544 §3.6, 1979)

17.60.120 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 BMC 17.60.070. The permit shall be for all structures including mobile homes, as set forth in BMC 17.60.050, and for all other developments including fill and other activities, also as set forth in BMC 17.60.050. Application for floodplain development permit shall be made on forms furnished by the City Engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(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 BMC 17.60.310; and

(d)    Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.1, 1979)

17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR.

The City Engineer is appointed to administer and implement this chapter, by granting or denying floodplain development permit applications in accordance with its provisions. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.2, 1979)

17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.

Duties of the City Engineer shall include, but not be limited to:

(a)    Floodplain Development Permit Application 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 BMC 17.60.330(a) are met.

(b)    Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with BMC 17.60.070, Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer BMC 17.60.290, Flood Hazard Protection - Specific Standards, and 17.60.330, Floodways.

(c)    Information to Be Obtained and Maintained.

(1)    Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection (b) of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

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

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

(ii)    Maintain the floodproofing certifications required in BMC 17.60.120(c).

(3)    Maintain for public inspection all records pertaining to the provisions of this chapter.

(d)    Alteration of Watercourses.

(1)    Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2)    Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(3)    Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in BMC 17.60.150. (Ord. 5231 §1 (part), 2013: Ord. 4103 §3, 1987; Ord. 3544 §4.3, 1979)

17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY.

The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(1), 1979)

17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER.

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 City Engineer in the enforcement or administration of this chapter. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(2), 1979)

17.60.170 VARIANCE - APPEAL TO COUNTY COURT.

Those aggrieved by the decision of the City Council or any taxpayer may appeal such decision to the Kitsap County Superior Court, as provided by law. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(3), 1979)

17.60.180 VARIANCE - CONSIDERATIONS.

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 floodwaters 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. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(4), 1979)

17.60.190 VARIANCE - LOTS OF ONE-HALF (0.5) ACRE.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (0.5) acre or less in size contiguous and surrounded by lots with existing structures constructed below the base flood level, providing BMC 17.60.180(a) through (k) have been fully considered. As the lot size increases beyond the one-half (0.5) acre, the technical justification required for issuing the variance increases. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(5), 1979)

17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS.

Upon consideration of the factors of BMC 17.60.180 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. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(6), 1979)

17.60.210 VARIANCE - RECORDS AND REPORTS.

The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(7), 1979)

17.60.220 VARIANCE - CONDITIONS GENERALLY.

(a)    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 that will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure without regard to the procedures set forth in the remainder of this section.

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

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

(d)    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 BMC 17.60.180, or conflict with existing local laws or ordinances.

(e)    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.

(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, or economic or financial circumstances.

They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

(g)    Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, except this section, and otherwise complies with BMC 17.60.240. (Ord. 5231 §1 (part), 2013: Ord. 4103 §4, 1987; Ord. 3544 §4.4-2, 1979)

17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS.

In all areas of special flood hazards the standards set out in BMC 17.60.240 through 17.60.280 are required. (Ord. 5231 §1 (part), 2013: Ord. 3544 §5, 1979)

17.60.240 ANCHORING.

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

(b)    All manufactured/mobile homes shall 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 and frame ties to ground anchors. (Ord. 5231 §1 (part), 2013: Ord. 5020 §3, 2007: Ord. 3544 §5.1-1, 1979)

17.60.250 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-conditioned equipment and other service facilities shall be designed and/or otherwise elevated or located at least one (1) foot above the base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 5231 §1 (part), 2013: Ord. 4965 §3, 2006: Ord. 4233 §1, 1989; Ord. 3544 §5.1-2, 1979)

17.60.260 UTILITIES.

(a)    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(b)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(c)    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(d)    Water wells shall be located on high ground that is not in the floodway. (Ord. 5231 §1 (part), 2013: Ord. 3544 §5.1-3, 1979)

17.60.270 SUBDIVISION PROPOSALS.

(a)    All subdivision proposals shall be consistent with the need to minimize flood damage.

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

(c)    All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(d)    Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less. (Ord. 5231 §1 (part), 2013: Ord. 3544 §5.1-4, 1979)

17.60.280 REVIEW OF BUILDING PERMITS.

Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (BMC 17.60.140(b)), 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. Base flood elevation data and reference marks are generally provided throughout Bremerton and are indicated on Bremerton’s flood insurance map. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates. (Ord. 5231 §1 (part), 2013: Ord. 4103 §4, 1987; Ord. 3544 §5.1-5, 1979)

17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in BMC 17.60.070, the provisions set out in BMC 17.60.300 through 17.60.320 are required. (Ord. 5231 §1 (part), 2013: Ord. 3544 §5.2, 1979)

17.60.300 RESIDENTIAL CONSTRUCTION.

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

(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 floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1)    A minimum of two (2) openings have a total net area of not less than one (1) square inch of every square foot of enclosed area subject to flooding shall be provided.

(2)    The bottom of all openings shall be no higher than one (1) foot above grade.

(3)    Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. (Ord. 5231 §1 (part), 2013: Ord. 4965 §4, 2006: Ord. 4103 §5, 1987; Ord. 3544 §5.2-1, 1979)

17.60.310 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 one (1) foot or more above the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:

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

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

(c)    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 section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in BMC 17.60.140(c)(2).

(d)    Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in BMC 17.60.300(b).

(e)    Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one (1) foot below that level). (Ord. 5231 §1 (part), 2013: Ord. 5020 §4, 2007: Ord. 4965 §5, 2006: Ord. 4233 §2, 1989; Ord. 4103 §7, 1987; Ord. 3544 §5.2-2, 1979)

17.60.315 CRITICAL FACILITY.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) one hundred (100) year floodplain. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three (3) feet above BFE or to the height of the five hundred (500) year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into the floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 5231 §1 (part), 2013)

17.60.320 MANUFACTURED/MOBILE HOMES.

All manufactured/mobile homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured/mobile home is elevated one (1) foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ord. 5231 §1 (part), 2013: Ord. 5020 §5 (part), 2007: Ord. 4965 §6, 2006: Ord. 3544 §5.2-3, 1979)

17.60.325 RECREATIONAL VEHICLES.

Recreational vehicles placed on sites in the floodplain are required to either:

(a)    Be on the site for fewer than one hundred eighty (180) consecutive days; or

(b)    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

(c)    Meet the requirements for manufactured/mobile homes as found in BMC 17.60.320. (Ord. 5231 §1 (part), 2013: Ord. 5020 §5 (part), 2007)

17.60.330 FLOODWAYS.

Located within areas of special flood hazard established in BMC 17.60.070 are portions of Gorst and Parish Creeks which are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential projectiles, and erosion potential, the following provisions apply:

(a)    Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

(b)    If subsection (a) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of BMC 17.60.230 through 17.60.320;

(c)    Construction or reconstruction of residential structures is prohibited within designated floodways, except for:

(1)    Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and

(2)    Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the market value of the structure either:

(i)    Before the repair or reconstruction is started, or

(ii)    If the structure has been damaged, and is being restored before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes which have been identified by the Code Enforcement or Building Official and are the minimum necessary to assure safe living conditions shall not be included in the fifty (50) percent determination in subsection (c)(2) of this section;

(d)    Manufactured/mobile homes are prohibited in designated floodways. (Ord. 5231 §1 (part), 2013: Ord. 5020 §6, 2007: Ord. 4233 §3, 1989; Ord. 3544 §5.3, 1979)

17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS.

In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. (Ord. 5231 §1 (part), 2013)

17.60.350 COASTAL HIGH HAZARD AREAS.

Located within areas of special flood hazard established in BMC 17.60.070 are coastal high hazard areas, designated as Zones V1-30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this chapter, the following provisions shall also apply:

(a)    All new construction and substantial improvements in Zones V1-30 and VE (V if base flood elevation data is available) on the community’s FIRM 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 one (1) foot or more above the base flood level; and

(2)    The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one (1) percent chance of being equaled or exceeded in any given year (one hundred (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 subsections (a)(1) and (2) of this section.

(b)    Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1-30, VE, and V on the community’s FIRM and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information.

(c)    All new construction within Zones V1-30, VE, and V on the community’s FIRM shall be located landward of the reach of mean high tide.

(d)    Provide that all new construction and substantial improvements within Zones V1-30, VE, and V on the community’s FIRM have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, 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 purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (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 design proposed meets the following conditions:

(1)    Breakaway wall collapse shall result from 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 loading values to be used in this determination shall each have a one (1) percent chance of being equaled or exceeded in any given year (one hundred (100) year mean recurrence interval).

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.

(e)    Prohibit the use of fill for structural support of buildings within Zones V1-30, VE, and V on the community’s FIRM.

(f)    Prohibit manmade alteration of sand dunes within Zones V1-30, VE, and V on the community’s FIRM which would increase potential flood damage.

(g)    All manufactured homes to be placed or substantially improved within Zones V1-30, V, and VE on the community’s FIRM on sites:

(1)    Outside of a manufactured home park or subdivision;

(2)    In a new manufactured home park or subdivision;

(3)    In an expansion to an existing manufactured home park or subdivision; or

(4)    In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood;

shall meet the standards of subsections (a) through (f) of this section, and manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V and VE on the FIRM shall meet the requirements of BMC 17.60.320.

(h)    Recreational vehicles placed on sites within Zones V1-30, V and VE on the community’s FIRM shall either:

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

(2)    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 have no permanently attached additions; or

(3)    Meet the requirements of BMC 17.60.120 (development permit required) and subsections (a) through (f) of this section. (Ord. 5231 §1 (part), 2013)