DIVISION III. FLOOD HAZARD PREVENTION

Chapter 14.28
FLOOD HAZARD PREVENTION

Sections:

14.28.010    Statutory authorization.

14.28.020    Statement of purpose.

14.28.030    Definitions.

14.28.040    Lands to which this chapter applies.

14.28.050    Basis for establishing the areas of special flood hazard.

14.28.060    Establishment of development permit.

14.28.070    Designation of the building official.

14.28.080    Duties and responsibilities of the building official.

14.28.090    General standards.

14.28.100    Anchoring.

14.28.110    Construction materials and methods.

14.28.120    Utilities.

14.28.130    Subdivision proposals.

14.28.140    Review of building permits.

14.28.150    Changes to the special flood hazard area.

14.28.160    Specific standards.

14.28.170    Residential construction.

14.28.180    Nonresidential construction.

14.28.190    Elevated residential and nonresidential construction.

14.28.200    Mobile homes.

14.28.210    Floodways.

14.28.220    Standards for shallow flooding areas (AO zones).

14.28.230    Compliance.

14.28.240    Penalties for noncompliance.

14.28.250    Interpretation.

14.28.260    Warning and disclaimer of liability.

14.28.270    Severability.

14.28.010 Statutory authorization.

The legislature of the state of Washington has delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council ordains as follows in this chapter. (Ord. 1189 §§1, 2, 2020).

14.28.020 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 methods and provisions designed for:

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

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. 1189 §§1, 2, 2020).

14.28.030 Definitions.

A.    General Provision as to Interpretation. Unless specifically defined in this section, 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.

B.    Specific Definitions.

"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 waterbody.

"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" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "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.

"Base flood elevation (BFE)" means the elevation to which floodwater is anticipated to rise during the base flood.

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

"Critical facility" means a facility for which even a slight chance of flooding might be too great a risk. Critical facilities shall include, but not be limited to, schools, nursing homes and similar facilities, hospitals, police, fire and emergency response facilities, and installations or facilities 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 the storage of equipment or materials for commercial or industrial purposes located within the area of special flood hazard.

"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; and/or

2.    The unusual and rapid accumulation of runoff of surface waters from any source.

3.    Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1) of this definition 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.

4.    The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1) of this definition.

"Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood insurance study (FIS).

"Flood insurance rate map" (FIRM) means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map, 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 title to administer and enforce the floodplain management regulations.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.

"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. Also referred to as "regulatory floodway."

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.    Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.    Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.    Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4.    Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.    By an approved state program as determined by the Secretary of the Interior; or

b.    Directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage, is not considered a building’s lowest floor; provided it meets the standards set forth in Section 14.28.180.

"Manufactured home" or "mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The terms "mobile home" and "manufactured home" shall be deemed to be utilized interchangeably in this chapter. For floodplain management purposes, the term "manufactured home" or "mobile home" also includes parked trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days.

"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.

"NAVD88" means the North American Vertical Datum of 1988. Unless otherwise noted, all elevations referred to in this chapter are in relation to NAVD88.

"New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

"New manufactured home or manufactured home subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent, lease or sale, for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the point of concrete pads and the construction of streets) is completed on or after the effective date of the ordinance codified in this chapter; provided, that the provisions of Section 14.28.200 shall govern to the extent inconsistent with the provisions of this definition.

"Recreational vehicle" means a vehicle meeting the following specifications:

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.

"Start of construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations 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 or manufactured home or a gas or liquid storage tank that is principally above ground, as well as 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 value of the structure before the damage occurred. For purposes of determining this value, in the discretion of the city it shall be the greater of the assessed value or the value provided by a qualified expert.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure taking place within a five-year period, the cumulative 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 damaged occurred.

1.    For purposes of determining the value of the proposed improvement, in the discretion of the city it shall be the greater of the assessed value or the value provided by a qualified expert.

2.    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.

3.    The term does not, however, include either:

a.    Any project for improvement of a structure to correct 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 "historic structure"; provided, that the alteration will not preclude the structure’s continued designation as a "historic structure."

"Variance" means a grant of relief by a community from the terms of a floodplain management regulation. (Ord. 1189 §§1, 2, 2020).

14.28.040 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Elma. (Ord. 1189 §§1, 2, 2020).

14.28.050 Basis for establishing the areas of special flood hazard.

A.    The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for Grays Harbor County, Washington, and Incorporated Areas" dated September 18, 2020, and any revisions thereto hereafter issued, with a flood insurance rate map, dated September 18, 2020, including subsequent modifications, are adopted by reference and declared to be part of this chapter. This flood insurance study and flood insurance rate map are on file at the Elma City Hall; provided, that any subsequent version of these documents shall not be deemed adopted by the city until such version is also on file at the City Hall. That physical address is 202 W. Main Street, Elma, WA 98541.

The best available information for flood hazard area identification as outlined in Section 14.28.080(A)(1)(j), Use of Other Base Flood Data (in A Zones), shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 14.28.080(A)(1)(j), Use of Other Base Flood Data (in A Zones).

B.    The areas of special flood hazard shall also include all lands adjacent to the areas shown on the flood insurance rate map that are flooded after February 3, 2017.

C.    The base flood elevation at a site shall be as follows:

1.    In Zone AE the base flood elevation shall be the one percent annual chance flood elevation as shown in the flood profile for the stream in the flood insurance study.

2.    In Zone A where the flood insurance rate map and the flood insurance study do not provide a base flood elevation, the base flood elevation shall be the one-hundred-year base flood elevations delineated on the Chehalis River Basin Inundation Map Series--100-Year Flood, prepared by Watershed Science and Engineering, dated November 25, 2015, a copy of which is on file at the Elma City Hall.

3.    The elevation at the site of a flood that occurs after February 7, 2017, that is higher than the elevations established in subsections (C)(1) and (2) of this section. (Ord. 1189 §§1, 2, 2020).

14.28.060 Establishment of development permit.

A.    A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 14.28.050. The permit shall be for all structures, including mobile homes, as set forth in Section 14.28.030, and for all other development including fill and other activities, also as set forth in Section 14.28.030.

B.    Activities that do not meet the definition of "development" are allowed in the area of special flood hazard without the need for a floodplain development permit under this chapter, provided all other federal, state, and local requirements are met. Activities which are not considered development or "manmade changes to improved or unimproved real estate" include, but are not limited to, the following:

1.    Routine maintenance of landscaping that does not involve grading, excavation, or filling;

2.    Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation;

3.    Normal maintenance of structures, such as reroofing and replacing siding, provided such work does not qualify as a substantial improvement;

4.    Normal maintenance of above-ground utilities and facilities, such as replacing downed power lines and utility poles;

5.    Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas;

6.    Plowing and other normal farm practices (other than structures or filling) on farms. (Ord. 1189 §§1, 2, 2020).

14.28.070 Designation of the building official.

The building official is appointed to administer, implement, and enforce this chapter by granting or denying development permit applications in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions. (Ord. 1189 §§1, 2, 2020).

14.28.080 Duties and responsibilities of the building official.

A.    Authority of the Building Official. The building official or his or her designee is appointed and authorized to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

1.    Duties of the building official shall include, but not be limited to:

a.    Review all floodplain development permits to determine that the permit requirements of this chapter have been satisfied.

b.    Review all floodplain 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 floodplain development permits to determine if the proposed development is located in the SFHA.

d.    Ensure that all development activities within the SFHA meet the requirements of this chapter.

e.    Inspect all development projects before, during and after construction to ensure compliance with all provisions of this chapter, including proper elevation of all structures.

f.    Maintain for public inspection all records pertaining to the provisions of this chapter.

g.    Determine the site is reasonably safe from flooding.

h.    Determine that the proposed development is not located in the floodway, assure the encroachment provisions of Section 14.28.200(A)(1) are met.

i.    Notify FEMA when annexations occur in the special flood hazard area.

j.    Use of Other Base Flood Data (in A Zones). When base flood elevation data has not been provided (in A or V zones) in accordance with Section 14.28.050, Basis for establishing the areas of special flood hazard, the floodplain administrator 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 14.28.160(A), specific standards, and 14.28.210(A), floodways.

k.    Information to Be Obtained and Maintained.

i.    Where base flood elevation data is provided through the FIS, FIRM, or required as in subsection (A)(1)(j) of this section, Use of Other Base Flood Data (in A Zones), obtain and maintain a record of 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.

ii.    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 (A)(1)(j) of this section, Use of Other Base Flood Data (in A Zones):

(A)    Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed.

(B)    Maintain the floodproofing certifications required in subsection (B)(9)(d) of this section.

iii.    Certification required by Section 14.28.210(A)(1), no rise standard/floodway encroachments.

iv.    Records of all variance actions, including justification for their issuance.

v.    Improvement and damage calculations.

vi.    Maintain for public inspection all records pertaining to the provisions of this chapter.

l.    Notification of Other Entities. Whenever a watercourse is to be altered or relocated:

i.    Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means; and

ii.    Assure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

m.    Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g., 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 NFIP.

B.    Floodplain Development Permit.

1.    A floodplain development permit shall be obtained before construction or development begins within the SFHA. The permit shall be for all development as that term is defined in Section 14.28.030.

Activities that do not meet the definition of "development" are allowed in the SFHA without the need for a floodplain development permit under this chapter, provided all other federal, state, and local requirements are met. The following are examples of activities not considered development or "manmade changes to improved or unimproved real estate":

a.    Routine maintenance of landscaping that does not involve grading, excavation, or filling;

b.    Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation;

c.    Normal maintenance of structures, such as reroofing and replacing siding, provided such work does not qualify as a substantial improvement;

d.    Normal maintenance of above-ground utilities and facilities, such as replacing downed power lines and utility poles;

e.    Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas;

f.    Plowing and other normal farm practices (other than structures or filling) on farms.

2.    Permit Extension. If construction has not started, a floodplain development permit shall expire one hundred eighty days after the date of issuance. Where the applicant documents a need for an extension beyond this period due to conditions beyond the applicant’s control, the building official may authorize one or more extensions.

3.    Certificate of Occupancy. A certification of use for the property or a certificate of occupancy for a new or substantially improved structure or an addition shall not be issued until:

a.    The permit applicant provides a properly completed, signed and sealed elevation and/or floodproofing certificate showing finished construction data.

b.    The permit applicant provides copies of all required federal, state, and local permits noted in the permit application.

c.    All other provisions of this chapter have been met.

The building official may accept a performance bond or other security that will ensure that unfinished portions of the project will be completed after the certification of use or certificate of occupancy has been issued.

4.    Variance Criteria. Upon written application of the applicant, the city council shall have the discretionary authority to grant a variance in relation to the applicability of certain provisions of this chapter.

The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city of Elma to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

a.    In reviewing applications for a variance, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following in relation to granting of the variance:

i.    The danger to life and property due to flooding or erosion damage;

ii.    The danger that materials may be swept onto other lands to the injury of others;

iii.    The safety of access to the property in times of flood for ordinary and emergency vehicles;

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

v.    The susceptibility of the proposed facility and its contents to flood or erosion damage and the effect of such damage on the individual owner;

vi.    The availability of alternative locations for the proposed use which are not subject to flooding;

vii.    The relationship of the proposed use to the comprehensive plan, growth management regulations, critical area regulations, the shoreline management program, and floodplain management program for that area;

viii.    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;

ix.    The potential of the proposed development project to adversely affect federal, state or locally protected species or habitat; and

x.    The minimum necessary to grant relief.

5.    No variance shall be granted to the requirements of this chapter unless the applicant demonstrates that:

a.     The development project cannot be located outside the SFHA;

b.    An exceptional hardship would result if the variance were not granted;

c.    The relief requested is the minimum necessary;

d.    The applicant’s circumstances are unique and do not represent a problem faced by other area properties;

e.    If the project is within a designated floodway, no increase in flood levels during the base flood discharge would result;

f.    The project will not adversely affect features or quality of habitat supporting local, state or federally protected fish or wildlife;

g.    There will be no additional threat to public health, safety, beneficial stream or water uses and functions, or creation of a nuisance;

h.    There will be no additional public expense for flood protection, lost environmental functions, rescue or relief operations, policing, or repairs to streambeds, shorelines, banks, roads, utilities, or other public facilities; and

i.    All requirements of other permitting agencies will still be met.

6.    Variances requested in connection with restoration of a historic site, building, or structure may be granted using criteria more permissive than the above requirements, provided (a) the repair or rehabilitation is the minimum necessary to preserve the historic character and design of the site, building, or structure; and (b) the repair or rehabilitation will not result in the site, building, or structure losing its historic designation.

7.    Variances to the provisions of Sections 14.28.150 through 14.28.200 may be issued for a structure on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing the other variance criteria are met. The applicant for such a variance shall be notified, in writing, that the structure (a) will be subject to increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage and (b) such construction increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

8.    Variances pertain to a physical piece of property. They are not personal in nature and are not based on the inhabitants or their health, economic, or financial circumstances.

9.    Floodplain Development Permit Application. Application for a floodplain development permit shall be made on forms furnished by the building official and shall include, but are not limited to:

a.    One or more site plans, drawn to scale, showing:

i.    The nature, location, dimensions, and elevations of the property in question;

ii.    Names and location of all lakes, waterbodies, waterways and drainage facilities within three hundred feet of the site;

iii.    The elevations of the ten-, fifty-, one-hundred-, and five-hundred-year floods, where such data are available;

iv.    The boundaries of the SFHA, floodway, wetlands, shoreline buffer, critical areas, and fish and wildlife habitat conservation areas, as defined in this chapter and other ordinances of the city;

v.    The proposed drainage system including, but not limited to, storm sewers, overland flow paths, detention facilities and roads;

vi.    Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials;

vii.    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;

viii.    Elevation in relation to mean sea level to which any structure has been floodproofed;

ix.    Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and

x.    Any such information that may be reasonably required by the floodplain administrator in order to review the application.

b.    If the proposed project involves grading, excavation, or filling, the site plan shall include proposed post-development terrain at one-foot contour intervals.

c.    If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged structure, the application shall include the base flood elevation for the building site and the proposed elevations of the following, in relation to NAVD:

i.    The top of bottom floor (including basement, crawlspace, or enclosure floor);

ii.    The top of the next higher floor;

iii.    The top of the slab of an attached garage;

iv.    The lowest elevation of machinery or equipment servicing the structure;

v.    The lowest adjacent (finished) grade next to structure;

vi.    The highest adjacent (finished) grade next to structure; and

vii.    The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support.

d.    If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged nonresidential structure that will be dry floodproofed, the application shall include the base flood elevation for the building site, the elevation to which the structure will be dry floodproofed, and a certification by a registered professional engineer or licensed architect that the dry floodproofing methods meet the floodproofing criteria in Section 14.28.180.

e.    The application shall include a description of the extent to which a stream, lake, or other waterbody, including its shoreline, will be altered or relocated as a result of the proposed development.

f.    The application shall include documentation that the applicant will apply for all necessary permits required by federal, state, or local law. The application shall include written acknowledgment that the applicant understands that the final certification of use or certificate of occupancy will be issued only if the applicant provides copies of the required federal, state, and local permits or letters stating that a permit is not required. A floodplain development permit is not valid if those other permits and approvals are not obtained prior to any ground-disturbing work or structural improvements.

g.    The application shall include acknowledgment by the applicant that representatives of any federal, state or local unit of government with regulatory authority over the project are authorized to enter upon the property to inspect the development. (Ord. 1189 §§1, 2, 2020).

14.28.090 General standards.

In all areas of special flood hazard, the standards set out in Sections 14.28.100 through 14.28.210 are required. (Ord. 1189 §§1, 2, 2020).

14.28.100 Anchoring.

A.    All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.

B.    All mobile homes or manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing anchors, and shall be installed using methods and practices that minimize flood damage. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement shall be in addition to the applicable state and local anchoring requirements for resisting wind forces. (Ord. 1189 §§1, 2, 2020).

14.28.110 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 located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D.    Storage of Materials and Equipment.

1.    The storage or 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.

2.    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. (Ord. 1189 §§1, 2, 2020).

14.28.120 Utilities.

A.    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater 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 outside the floodway and shall be protected to the base flood elevation plus three feet. (Ord. 1189 §§1, 2, 2020).

14.28.130 Subdivision proposals.

A.    All subdivision proposals shall be consistent with the need to minimize flood damage.

B.    New 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 lots or five acres (whichever is less). Base flood elevation data shall be included as part of the application.

E.    All subdivisions of land that is both in and outside the area of special flood hazard shall have all parcels platted with buildable sites on higher ground outside the area of special flood hazard. This does not apply to parcels set aside for open space. This provision does not apply to lots set aside from development and preserved as open space. (Ord. 1189 §§1, 2, 2020).

14.28.140 Review of building permits.

Where elevation data is not available, either through the FIS, FIRM, or another authoritative source (Section 14.28.080(A)(1)(j), Use of Other Base Flood Elevation Data), applications for building permits requiring development in the floodplain 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 floodings, etc., where available.

(Failure to elevate habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.) (Ord. 1189 §§1, 2, 2020).

14.28.150 Changes to the special flood hazard area.

A.    If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally require a letter of map change, then the project proponent shall initiate, and receive approval of, a conditional letter of map revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR.

B.    If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation package to the floodplain administrator to be attached to the floodplain development permit, including all required property owner notifications. (Ord. 1189 §§1, 2, 2020).

14.28.160 Specific standards.

A.    In all areas of special flood hazard where base flood elevation data has been provided as set forth in Section 14.28.050 or 14.28.080 compliance with the provisions set out in this section through Section 14.28.210 is required.

B.    As to any construction project fitting within the defined criteria, the following standards shall be considered in reviewing applications:

1.    Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the area of special flood hazard. Construction of new critical facilities shall be permissible within the area of special flood hazard if no feasible alternative site is available. Critical facilities constructed within the area of special flood hazard shall have the lowest floor elevated to or above the level of the base flood elevation plus three feet or the level of the five-hundred-year flood, whichever is higher. 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.

2.    No new development shall create a threat to public health, public safety, or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other materials that are hazardous, toxic, or a threat to water quality are prohibited from the area of special flood hazard. This prohibition does not apply to small quantities of these materials kept for normal household use. This prohibition does not apply to the continued operations of existing facilities and structures or reuse of existing facilities and structures.

C.    Livestock Sanctuary Areas. Elevated areas for the purpose of creating a flood sanctuary for livestock are allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall be sized appropriately for the expected number of livestock and be elevated sufficiently to protect livestock. Proposals for livestock flood sanctuaries shall meet all procedural and substantive requirements of this chapter. Note: To be "elevated sufficiently to protect livestock" typically means to be elevated at least one foot above the BFE. (Ord. 1189 §§1, 2, 2020).

14.28.170 Residential construction.

A.    In AE and A1-30 zones or other A-zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE. Mechanical equipment and utilities shall be waterproof or elevated least one foot above the BFE.

B.    New construction and substantial improvement of any residential structure in an AO zone shall meet the requirements in Section 14.28.220.

C.    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.

D.    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 must meet or exceed the following minimum criteria:

1.    Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

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

3.    Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.

4.    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.

Alternatively, a registered engineer or architect may design and certify engineered openings. (Ord. 1189 §§1, 2, 2020).

14.28.180 Nonresidential construction.*

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection A or B of this section.

A.    New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

1.    In AE and A1-30 zones or other A-zoned areas where the BFE has been determined or can be reasonably obtained: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BEE, or as required by ASCE 24, whichever is greater.

2.    If located in an AO zone, the structure shall meet the requirements in Section 14.28.220.

3.    If located in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

4.    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:

a.    Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

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

c.    Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.

d.    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.

Alternatively, a registered engineer or architect may design and certify engineered openings.

B.    If the requirements of subsection (A)(1) of this section are not met, then new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

1.    Be dry floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry floodproofed to the elevation required by ASCE 24, whichever is greater;

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

3.    Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 14.28.080(B)(9)(d).

Applicants who are 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 the base flood level will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums. (Ord. 1189 §§1, 2, 2020).

*    Code reviser’s note: Ord. 1189 included two sections numbered 14.28.180. The sections following this one have been renumbered to avoid duplication.

14.28.190 Elevated residential and nonresidential construction.

A.    As to residential construction and nonresidential structures that are elevated but not floodproofed, they shall meet the following requirements:

1.    Fully enclosed areas below the lowest floor that are subject to flooding are prohibited unless they are so designed as to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

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

a.    A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

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

c.    Openings must be equipped with screens, louvers or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

B.    The following criteria apply to crawlspaces and other fully enclosed areas below the lowest floor of a residential or nonresidential structure:

1.    The interior grade of a crawlspace below the base flood elevation must not be more than two feet below the lowest adjacent exterior grade;

2.    The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet at any point;

3.    There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event;

4.    The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

C.    Upon completion of the construction of an elevated building and before issuance of the certificate of occupancy, the applicant shall provide a signed agreement that acknowledges the conversion of the area below the lowest floor to a use or dimension contrary to the building’s originally approved design is prohibited.

1.    The nonconversion agreement shall authorize the building official to conduct inspections of the enclosed area of the building upon reasonable notice.

2.    The applicant shall provide a copy that documents the nonconversion agreement has been recorded in the appropriate county office in such a manner that it appears in the chain of title of the affected property.

3.    A copy of the recorded nonconversion agreement shall be presented as a condition of issuance of the final certificate of occupancy.

4.    The building official may waive this requirement where the enclosed area is less than four feet in height, measured from the floor of the enclosure to the underside of the floor system above. (Ord. 1189 §§1, 2, 2020).

14.28.200 Mobile homes.

A.    All manufactured homes to be placed or substantially improved on sites 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.

This applies to manufactured homes:

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 a site which a manufactured home has incurred "substantial damage" as the result of a flood.

B.    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 provisions be elevated so that either:

1.    The lowest floor of the manufactured home is elevated one foot or more; or

2.    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 is securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

C.    An evacuation plan indicating alternate vehicular access and escape routes shall be prepared and filed with the appropriate disaster preparedness authorities for mobile home parks and mobile home subdivisions located within the area of special flood hazard.

D.    Recreational vehicles placed on sites shall:

1.    Be on the site for no more than one hundred eighty consecutive days in any period of three hundred sixty-five days;

2.    Be fully licensed and ready for highway use, on their 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 subsection A of this section.

E.    Enclosed Area Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.

F.    Appurtenant Structures (Detached Garages and Small Storage Structures).

For A Zones (A, AE, Al-30, AH, AO):

1.    Appurtenant structures used solely for parking of vehicles or limited storage may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements:

a.    Use of the appurtenant structure must be limited to parking of vehicles or limited storage;

b.    The portions of the appurtenant structure located below the BFE must be built using flood-resistant materials;

c.    The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement;

d.    Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the BFE;

e.    The appurtenant structure must comply with floodway encroachment provisions in Section 14.28.210(A)(1), no rise standard;

f.    The appurtenant structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with Section 14.28.190(A)(1), fully enclosed areas below the lowest floor;

g.    The structure shall have low damage potential;

h.    If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and

i.    The structure shall not be used for human habitation.

2.    Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 14.28.170, residential construction standards.

3.    Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the floodplain administrator for verification. (Ord. 1189 §§1, 2, 2020).

14.28.210 Floodways.

A.    Properties located within areas of special flood hazard established in Section 14.28.050 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.    Encroachments, including fill, new construction, substantial improvements, and other development, are prohibited 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. The certification shall be done in accordance with standard engineering practices, using hydraulic and hydrologic analyses. The hydraulic analysis must incorporate the equal degree of encroachment approach that accounts for similar development that could be anticipated in the future.

2.    If subsection (A)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.

B.    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 area;

2.    Repairs, reconstruction or improvement to a structure, the cost of which does not exceed fifty percent of the market or assessed value of the structure either:

a.    Before the repair or reconstruction is started; or

b.    If the structure has been damaged, and is being restored, before the damage occurred.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the fifty percent.

3.    Replacement of Farmhouses in Floodway. Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and that are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 may be permitted subject to the following:

a.    The new farmhouse is a replacement for an existing farmhouse on the same farm site;

b.    There is no potential building site for a replacement farmhouse on the same farm outside the designated floodway;

c.    Repairs, reconstruction, or improvements to a farmhouse shall not increase the total square footage of encroachment of the existing farmhouse;

d.    A replacement farmhouse shall not exceed the total square footage of encroachment of the farmhouse it is replacing;

e.    A farmhouse being replaced shall be removed, in its entirety, including foundation, from the floodway within ninety days after occupancy of a new farmhouse;

f.    For substantial improvements and replacement farmhouses, the elevation of the lowest floor of the improvement and farmhouse respectively, including basement, is a minimum of one foot higher than the BFE;

g.    New and replacement water supply systems are designed to eliminate or minimize infiltration of floodwaters into the system;

h.    New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of floodwater into the system and discharge from the system into the floodwaters; and

i.    All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.

4.    Substantially Damaged Residences in Floodway.

a.    For all substantially damaged residential structures, other than farmhouses, located in a designated floodway, the floodplain administrator may make a written request that the Department of Ecology assess the risk of harm to life and property posed by the specific conditions of the floodway. Based on analysis of depth, velocity, flood-related erosion, channel migration, debris load potential, and flood warning capability, the Department of Ecology may exercise best professional judgment in recommending to the local permitting authority repair, replacement, or relocation of a substantially damaged structure consistent with WAC 173-158-076. The property owner shall be responsible for submitting to the local government and the Department of Ecology any information necessary to complete the assessment. Without a favorable recommendation from the Department for the repair or replacement of a substantially damaged residential structure located in the regulatory floodway, no repair or replacement is allowed per WAC 173-158-070(1).

b.    Before the repair, replacement, or reconstruction is started, all requirements of the NFIP, the state requirements adopted pursuant to Chapter 86.16 RCW, and all applicable local regulations must be satisfied. In addition, the following conditions must be met:

i.    There is no potential safe building location for the replacement residential structure on the same property outside the regulatory floodway.

ii.    A replacement residential structure is a residential structure built as a substitute for a legally existing residential structure of equivalent use and size.

iii.    Repairs, reconstruction, or replacement of a residential structure shall not increase the total square footage of floodway encroachment.

iv.    The elevation of the lowest floor of the substantially damaged or replacement residential structure is a minimum of one foot higher than the BFE.

v.    New and replacement water supply systems are designed to eliminate or minimize infiltration of floodwater into the system.

vi.    New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of floodwater into the system and discharge from the system into the floodwaters.

vii.    All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.

C.    In the area of special flood hazard where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted unless:

1.    A certification by a registered professional engineer that the cumulative effect of the proposed development will not increase the water surface elevation of the base flood more than one foot at any point. The certification shall be done in accordance with standard engineering practices, using hydraulic and hydrologic analyses. The hydraulic analysis must incorporate the equal degree of encroachment approach that accounts for similar development that could be anticipated in the future.

2.    A map that shows the area impacted by any increase in the level of the base flood caused by the development.

3.    Notarized statements from the owners of the impacted properties (other than the permit applicant) that they have no objections to the increase in flood heights on their properties.

D.    No filling or grading shall reduce the effective flood storage volume of the SFHA. A development proposal shall provide compensatory storage if filling or grading eliminates any effective flood storage volume. Compensatory storage shall:

1.    Provide equivalent volume at equivalent elevations to that being displaced. For this purpose, "equivalent elevation" means having similar relationship to ordinary high water and to the best available ten-year, fifty-year and one-hundred-year water surface profiles;

2.    Be hydraulically connected to the source of flooding;

3.    Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs and before the flood season begins; and

4.    All newly created compensatory storage areas shall be graded and vegetated to allow fish access during flood events without creating fish stranding sites. (Ord. 1189 §§1, 2, 2020).

14.28.220 Standards for shallow flooding areas (AO zones).

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In addition to other provisions in this code, the following additional provisions also apply in AO zones:

A.    New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement and mechanical equipment) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified).

B.    New construction and substantial improvements of nonresidential structures within AO zones shall either:

1.    Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

2.    Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer, or architect.

C.    Require adequate drainage paths around structures on slopes to guide noncompliant floodwaters around and away from proposed structures.

D.    Recreational vehicles placed on sites within AO zones on the community’s FIRM either:

1.    Be on the site for fewer than one hundred eighty consecutive days; or

2.    Be fully licensed and ready for highway use, on its wheels or jacking system, be 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 subsection (D)(1) of this section and the anchoring requirements for manufactured homes. (Ord. 1189 §§1, 2, 2020).

14.28.230 Compliance.

All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. (Ord. 1189 §§1, 2, 2020).

14.28.240 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. Violations 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 an infraction. Any person who violates this chapter or fails to comply with any of its requirements shall upon a finding of committed thereof be fined not more than one thousand dollars for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1189 §§1, 2, 2020).

14.28.250 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. 1189 §§1, 2, 2020).

14.28.260 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 of Elma, 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. 1189 §§1, 2, 2020).

14.28.270 Severability.

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. 1189 §§1, 2, 2020).