Chapter 15.08
FLOOD HAZARD REGULATIONS
Sections:
15.08.010 Statutory authorization and severability.
15.08.030 Statement of purpose.
15.08.040 Methods of reducing flood losses.
15.08.060 Lands to which this chapter applies.
15.08.070 Basis for establishing area of special flood hazard.
15.08.080 Penalties for noncompliance.
15.08.090 Abrogation and greater restrictions.
15.08.110 Warning and disclaimer of liability.
15.08.115 Basis for establishing the areas of special flood hazard.
15.08.120 Establishment of development permit.
15.08.130 Designation of the Connell building inspector.
15.08.140 Duties and responsibilities of the building inspector.
15.08.180 AE and A1-30 zones with base flood elevations but no floodways.
15.08.195 Critical facilities.
15.08.010 Statutory authorization and severability.
(a) The Legislature of the state of Washington has, in RCW 35.27.370, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
(b) This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 1.1, 1979).
15.08.020 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 hazard 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. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 1.2, 1979).
15.08.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; 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. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 1.3, 1979).
15.08.040 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 floodwaters;
(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 floodwaters or may increase flood hazards in other areas. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 1.4, 1979).
15.08.050 Definitions.
Unless specifically defined below, terms 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:
“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.
“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.
“Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
“Area of special flood hazard” is 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 letter A or V. “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “one-hundred-year flood”). Designation on flood insurance rate maps by the letters A or V.
“Base flood elevation (BFE)” means the computed elevation to which floodwater is anticipated to rise during the base flood, as delineated on a FIRM.
“Basement” means any area of the building having its floor sub-grade (below ground level) on all sides.
“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, 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 which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 16, 1979, the effective date of the city’s first adopted floodplain management regulations.
“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 16, 1979, the effective date of the city’s first adopted floodplain management regulations.
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation of runoff of surface waters from any source; and/or
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
“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.
“Flood insurance study (FIS)” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate maps, and the water surface elevation of the base flood.
“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flood” or “flooding.”
“Floodplain administrator” means the community official designated by the mayor to administer and enforce the floodplain management regulations.
“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.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“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 Section 15.08.170(2)(a) (i.e., provided there are adequate flood ventilation openings).
“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 attached 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 one hundred eighty 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 parcel) of land divided between two or more manufactured home lots for rent or sale.
“Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s flood insurance rate map are referenced.
“New manufactured home park subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
“Recreational vehicle” means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
“Structure” means, for floodplain management purposes, a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
“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 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 percent of the market value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred.
For the 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:
(1) 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
(2) 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. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 817 § 1, 2007: Ord. 766 § 1, 2004: Ord. 551 § 1, 1989: Ord. 438 § 2, 1979).
15.08.060 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 3.1, 1979).
15.08.070 Basis for establishing area 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 the Town of Connell,” dated March 29, 1979, and flood insurance rate maps No. 5302800001B, effective on September 28, 1979, and No. 5300440136B, effective on May 1, 1980, and No. 5300440138B, effective on May 1, 1980, together with any map revisions or amendments adopted by FEMA, are hereby adopted by reference and are declared to be a part of this chapter. The flood insurance study and the FIRM maps are on file at the office of the city clerk, at the Connell City Hall. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 3.2, 1979).
15.08.080 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. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 3.3, 1979).
15.08.090 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. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 3.4, 1979).
15.08.100 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. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 3.5, 1979).
15.08.110 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 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 hereunder. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 3.6, 1979).
15.08.115 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 Connell” dated March 1979 and any revisions thereto, with flood insurance rate maps No. 5302800001B, effective on September 28, 1979, and No. 5300440136B, effective on May 1, 1980, and No. 5300440138B, effective on May 1, 1980, together with any map revisions or amendments adopted by FEMA and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRMs are on file at 104 East Adams Street. The best available information for flood hazard area identification as outlined in Section 15.08.140(2) shall be the basis for regulation until any new FIRMs are issued which incorporate the data utilized under Section 15.08.140(2). (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 766 § 2, 2004).
15.08.120 Establishment of development permit.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.08.070. The permit shall be for all structures including manufactured homes, as set forth in Section 15.08.050, and for all other development including fill and other activities, also as set forth in Section 15.08.050. 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:
(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the floodplain administrator;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 15.08.170;
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
(5) Where a structure is proposed in a V, V1-30 or VE zone, a V-zone design certificate;
(6) Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and
(7) Any other such information that may be reasonably required by the floodplain administrator in order to review the application. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 551 § 2, 1989: Ord. 438 § 4.1, 1979).
15.08.130 Designation of the Connell building inspector.
The building inspector is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 438 § 4.2, 1979).
15.08.140 Duties and responsibilities of the building inspector.
Duties of the building inspector shall include, but not be limited to:
(1) Permit Review. The building inspector shall:
(a) Review all development permits to determine that the permit requirements of this chapter have been satisfied;
(b) 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;
(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of Section 15.08.190 are met;
(d) Review that the site is reasonably safe from flooding;
(e) Notify FEMA when annexations occur in the special flood hazard area.
(2) Use of Other Base Flood Data. When base flood elevation data has not been provided (in A or V zones) in accordance with Section 15.08.070, 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 Sections 15.08.170 and 15.08.180.
(3) Information to Be Obtained and Maintained. The building inspector shall:
(a) Where base flood elevation data is provided through the flood insurance study or FIRM or required as in subsection (2) of this section, 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; recorded on a current elevation certificate (FF 81-31) with Section B completed by the local official;
(b) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (3)(a) of this section:
(i) Obtain and record the elevation (in relation to mean sea level to which the structure was floodproofed); and
(ii) Maintain the floodproofing certifications required in Section 15.08.120;
(c) Maintain for public inspection all records pertaining to the provisions of this chapter.
(4) Alteration of Watercourses. The building inspector shall:
(a) Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration;
(b) Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
(5) Interpretation of FIRM Boundaries. The building inspector shall 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. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 817 § 2, 2007: Ord. 551 § 3, 1989: Ord. 438 § 4.3, 1979).
15.08.150 Appeals.
(a) Appeals from a decision of the building inspector may be made to the hearing examiner.
(b) The applicant may appeal the decision of the hearing examiner to the superior court of the state of Washington for Franklin County pursuant to Chapter 36.70C RCW. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 819 § 1 (part), 2007: Ord. 766 § 3, 2004: Ord. 438 § 4.5, 1979).
15.08.155 Variance procedure.
(a) Appeal Board.
(1) The hearing examiner, as established by city council, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) The hearing examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building inspector in the enforcement or administration of this chapter.
(3) Those aggrieved by the decision of the building inspector, or any taxpayer, may appeal such decision to the hearing examiner, as provided in Section 15.08.150.
(4) In passing upon such applications, the hearing examiner 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.
(5) Upon consideration of the factors of subsection (a)(4) of this section and the purposes of this chapter, the hearing examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6) The city of Connell shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(b) Conditions for Variances.
(1) 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 small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (a)(4)(A) through (K) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.
(2) 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 this section.
(3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(A) A showing of good and sufficient cause;
(B) A determination that failure to grant the variance would result in exceptional hardship to the applicant;
(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, or conflict with existing local laws or ordinances.
(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 (b)(1) of this section, and otherwise complies with Sections 15.08.160(1) through (4).
(8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 819 § 1 (part), 2007; Ord. 766 § 4, 2004).
15.08.160 General standards.
In all areas of special flood hazards, the following standards are required:
(1) 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 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 or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
(2) 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 annual flood insurance premiums to be increased.
(3) Storage of Materials and Equipment.
(a) The storage and processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding is prohibited in special flood hazard areas.
(b) Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.
(4) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b) Proposed water wells shall be located on high ground that is not in the floodway (WAC 173-160-171).
(c) 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.
(d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(5) 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 or eliminate flood damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments containing fifty or more lots, or five acres, whichever is less.
(6) Review of Building Permits. Where elevation data is not available either through the flood insurance study or FIRM or from another authoritative source, 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. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 766 § 5, 2004; Ord. 551 § 4, 1989: Ord. 438 § 5.1, 1979).
15.08.170 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 15.08.070 or 15.08.140(2) (additional standards were clarified in FEMA Technical Bulletin 11-01 to allow crawl space construction for buildings located in the special flood hazard areas; however, adopting this provision can result in a twenty percent increase in flood insurance premiums), the following provisions are required:
(1) Residential Construction.
(a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation.
(b) New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.
(c) 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:
(i) 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.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or their coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
(iv) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.
(2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one 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 foot 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;
(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 subsection 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 Section 15.08.140(3)(b);
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section;
(e) 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 floodproofed to one foot above the base flood level will be rated as at the base flood level).
(3) Manufactured Homes. All manufactured homes in the floodplain to be placed or substantially improved within zones A1-30, AH, and AE on the applicable FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one 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 in accordance with the provisions of Section 15.08.160(1). This subsection applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This subsection does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds fifty percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced.
(a) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provision be elevated so that either:
(i) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation; or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(4) Recreational Vehicles. Recreational vehicles placed on sites are required to either:
(a) Be on the site for fewer than one hundred eighty consecutive days;
(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 have no permanently attached additions; or
(c) Meet the requirements of subsection (3) of this section and the elevation and anchoring requirements for manufactured homes. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 817 § 3, 2007: Ord. 766 §§ 6, 7, 8, 2004; Ord. 551 § 5, 1989: Ord. 438 § 5.2, 1979).
15.08.180 AE and A1-30 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 foot at any point within the community. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012).
15.08.190 Floodways.
Located within areas of special flood hazard established in Section 15.08.070 are areas 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, 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 that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;
(2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for:
(a) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and
(b) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the market value of the structure either:
(i) Before the repair, reconstruction, or improvement 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 that have been identified by the local code official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the fifty percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 15.08.160 through 15.08.195. (Ord. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 831 § 1, 2008; Ord. 766 § 9, 2004; Ord. 551 § 6, 1989: Ord. 438 § 5.3, 1979. Formerly 15.08.180).
15.08.195 Critical facilities.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (one-hundred-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 feet above the base flood elevation or to the height of the five-hundred-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 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. 1007 § 1 (Exh. A) (part), 2020: Ord. 920 § 1 (part), 2012: Ord. 766 § 10, 2004. Formerly 15.08.185).