Chapter 14.24
FLOOD DAMAGE PREVENTION STANDARDS
Sections:
14.24.010 Statutory authorization.
14.24.030 Statement of purpose.
14.24.040 Methods of reducing flood losses.
14.24.060 Lands to which this chapter applies.
14.24.070 Basis for establishing the areas of special flood hazard.
14.24.080 Abrogation and greater restrictions.
14.24.100 Warning and disclaimer of liability.
14.24.110 Development permit required.
14.24.120 Application for development permit.
14.24.130 Designation of the local administrator.
14.24.140 Duties and responsibilities of the local administrator.
14.24.150 General standards for flood hazard reduction.
14.24.170 Before regulatory floodway.
14.24.200 Appeal/variance procedure.
14.24.210 Penalties for noncompliance.
14.24.010 Statutory authorization.
The Legislature of the state of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city of Leavenworth does ordain as follows in this chapter. [Ord. 1222 § 2, 2004.]
14.24.020 Findings of fact.
A. The flood hazard areas of Leavenworth, Washington are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. [Ord. 1222 § 2, 2004.]
14.24.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money and costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
This chapter was created to meet the requirements of participation in the National Flood Insurance Program and is not intended to offer environmental protections to floodplain areas other than those protections which are provided de facto as a result of adoption and implementation of the ordinance codified in this chapter. Environmental protection of floodplains is currently regulated under the city’s critical areas ordinance. [Ord. 1222 § 2, 2004.]
14.24.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions 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 may increase flood hazards in other areas. [Ord. 1222 § 2, 2004.]
14.24.050 Definitions.
All definitions relevant to this chapter shall be included in Chapter 21.90 LMC. Unless specifically defined, words or phrases used shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. [Ord. 1222 § 2, 2004.]
14.24.060 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Leavenworth. [Ord. 1222 § 2, 2004.]
14.24.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the city of Leavenworth” dated July 2, 2002, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at Leavenworth City Hall. The best available information for flood hazard area identification as outlined in LMC 14.24.140(B), Use of Other Base Flood Data, shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under LMC 14.24.140(B). [Ord. 1222 § 2, 2004.]
14.24.080 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. 1222 § 2, 2004.]
14.24.090 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. 1222 § 2, 2004.]
14.24.100 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. 1222 § 2, 2004.]
14.24.110 Development permit required.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in LMC 14.24.070, Basis for establishing the areas of special flood hazard. The permit shall be for all structures including manufactured homes, as set forth in Chapter 21.90 LMC, and for all development including fill and other activities, also as set forth in Chapter 21.90 LMC. [Ord. 1222 § 2, 2004.]
14.24.120 Application for development permit.
Application for a development permit shall be made on forms furnished by the city and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
B. Elevation in relation to mean sea level to which any structure has been floodproofed;
C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in LMC 14.24.160(B), Nonresidential Construction; and
D. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. [Ord. 1222 § 2, 2004.]
14.24.130 Designation of the local administrator.
The community development director is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. [Ord. 1222 § 2, 2004.]
14.24.140 Duties and responsibilities of the local administrator.
Duties of the community development director, and his or her designee, shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied.
2. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
3. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of LMC 14.24.180(A), Floodways, are met.
B. Use of Other Base Flood Data (In A and V Zones).
1. When base flood elevation data has not been provided (A and V Zones) in accordance with LMC 14.24.070, Basis for establishing the areas of special flood hazard, the community development director 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 LMC 14.24.160, Specific standards, and 14.24.180, Floodways.
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in subsection (B) of this section, Use of Other Base Flood Data (In A and V Zones), obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
2. For all new or substantially improved floodproofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in subsection (B) of this section, Use of Other Base Flood Data (In A and V Zones):
a. Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed; and
b. Maintain the floodproofing certifications required in LMC 14.24.120(C), Application for development permit.
3. Maintain for public inspection all records pertaining to the provisions of this chapter.
D. Alteration of Watercourses.
1. Notify adjacent communities and the department of ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
2. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
E. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in LMC 14.24.200, Appeal/variance procedure. [Ord. 1222 § 2, 2004.]
14.24.150 General standards for flood hazard reduction.
In all areas of special flood hazards, the following standards are required:
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
B. AH Zone Drainage.
1. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.
C. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
D. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
2. The proposed water well shall be located on high ground that is not in the floodway (WAC 173-160-171);
3. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and
4. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
E. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
F. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (LMC 14.24.140(B), Use of Other Base Flood Data (In A and V Zones)), 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 the highest adjacent grade in these zones may result in higher insurance rates. [Ord. 1222 § 2, 2004.]
14.24.160 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE) as set forth in LMC 14.24.070, Basis for establishing areas of special flood hazard, or 14.24.140(B), Use of Other Base Flood Data (In A and V Zones), the following provisions are required:
A. Residential Construction.
1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 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. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
B. Nonresidential Construction.
1. 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 base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below one foot or more above the base flood level of 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 LMC 14.24.140(C)(2), Information to Be Obtained and Maintained;
d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section, Residential Construction.
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 the base flood level will be rated as one foot below).
C. Manufactured Homes.
1. All manufactured homes to be placed or substantially improved on sites:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood;
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.
2. 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 shall be elevated so that either:
a. The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation; or
b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
D. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
1. Be on the site for fewer than 180 consecutive days;
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 (C) of this section, Manufactured Homes, and the elevation and anchoring requirements for manufactured homes. [Ord. 1222 § 2, 2004.]
14.24.170 Before regulatory floodway.
In areas where 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. 1222 § 2, 2004.]
14.24.180 Floodways.
Located within areas of special flood hazard established in LMC 14.24.070, Basis for establishing the areas of special flood hazard, 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:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.
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 floor area; and
2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market 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 50 percent.
C. If subsection (A) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of LMC 14.24.150, General standards for flood hazard reduction; 14.24.160, Specific standards; 14.24.170, Before regulatory floodway; and this section. [Ord. 1222 § 2, 2004.]
14.24.190 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into 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. 1222 § 2, 2004.]
14.24.200 Appeal/variance procedure.
The hearing examiner, as established by LMC Title 21, shall hear and decide appeals and requests for variances from the requirements of this chapter.
A. Appeals.
1. 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 community development director in the enforcement or administration of this chapter.
2. Those aggrieved by the decision of the community development director may appeal such decision to the hearing examiner, as provided in LMC Title 21.
3. 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.
4. Upon consideration of the factors of subsection (A)(3) 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.
5. The city of Leavenworth 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 lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (A)(3)(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 LMC 14.24.150(A), Anchoring, 14.25.150(C), Construction Materials and Methods, and 14.24.150(D), Utilities, of the general standards.
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. 1222 § 2, 2004.]
14.24.210 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 be subject to enforcement action pursuant to Chapter 21.13 LMC. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. [Ord. 1222 § 2, 2004.]