ORDINANCE NO. 10989 AN ORDINANCE RELATING TO FLOOD DAMAGE PREVENTION; PROVIDING FOR THE ISSUANCE OF DEVELOPMENT PERMITS; PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF A FLOOD PLAIN MANAGEMENT PROGRAM; CREATING A VARIANCE PROCEDURE; ESTABLISHING PENALTIES FOR VIOLATIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Wahkiakum County, Washington, does find and declare that it is necessary for the protection and preservation of the public peace, health, safety, and general welfare in regard to control of the flood plain within Wahkiakum County, that certain rules, regulations, laws and conditions be established under the police power of the County, and pursuant to the laws of the United States of America and of the State of Washington; and
WHEREAS, Wahkiakum County desires to establish eligibility in the National Flood Insurance Program and in order to do so must meet the requirements of Section 1910.3(b) of the Federal Insurance Administration Regulations;
NOW, THEREFORE:
ORDINANCE NO. 14206
AN ORDINANCE RELATING TO FLOOD DAMAGE PREVENTION; AMENDING ORDINANCE NO. 10989;
AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of Wahkiakum County, Washington, does find and declare that it is necessary for the protection and preservation of the public peace, health, safety, and general welfare in regard to control of the floodplain within Wahkiakum County, that certain rules, regulations, laws and conditions be established under the police power of the County, and pursuant to the laws of the United States of America and of the State of Washington; and
WHEREAS, on the 9 th day of May, 1989, the Board of County Commissioners did adopt Ordinance No. 10989, which Ordinance established a comprehensive flood damage prevention and flood plain management program, which program established the County’s eligibility to participate in the National Flood Insurance Program; and
Section 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES 1.1 STATUTORY AUTHORIZATION
The Legislature of the State of Washington has by virtue of RCW 36.32.120(7) delegated the responsibility to counties to adopt regulations designed to promote the public health, safety and general welfare of their citizenry. Additionally, Chapter 86.16 of the Revised Code of Washington recognizes the authority of counties to enact ordinances relating to flood plain management.
1.2 FINDINGS OF FACT
(1) The flood hazard areas of Wahkiakum County 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.
(2) 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 flood proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance 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:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood light areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and,
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
1.4 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this ordinance includes methods and provisions for:
(1) Restricting or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and
SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This Ordinance shall apply to all areas of special flood hazards within the unincorporated areas of Wahkiakum County, Washington. 3.2 “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 Preliminary Flood Insurance Study (FIS)” dated March, 1987, together with Flood Insurance Rate Maps (FIRM) dated September, 1990, are hereby adopted by reference and declared to be a part of this Ordinance. The Flood Insurance Study and maps are on file at the Public Works Department, Building Section, located at 64 Main Street, Cathlamet, Washington 98612.” (Ord. 14206) 3.3 PENALTIES FOR NONCOMPLIANCE (1) The Prosecuting Attorney shall bring such injunctive, declaratory or other actions as are necessary to insure compliance with this Ordinance.
(2) Any person who fails to comply with any provision of this Ordinance shall also be subject to a civil penalty not to exceed one thousand dollars for each violation. Civil penalties shall be assessed in writing by the Administrator. Each violation or each day of noncompliance shall constitute a separate violation.
(3) The civil penalty provided for in this section shall be imposed by a notice in writing either by certified mail with return receipt requested or by personal service, to the person incurring the same. The notice shall describe the violation with reasonable particularity and shall order the acts constituting the violation or violations to cease and desist or, in appropriate cases, may require necessary corrective action to be taken within a specific and reasonable time.
(4) Any civil penalty imposed pursuant to this section shall be subject to review by the Board of County Commissioners as provided in Section 4.5 of this Ordinance.
3.4 ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However where this Ordinance and another Ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
3.5 INTERPRETATION
(2) Deemed neither to limit nor repeal any other powers granted under State statutes.
3.6 WARNING AND DISCLAIMER OF LIABILITY
SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT 4.11 Development Permit Required A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the “Definitions”, and for all development including fill and other activities, also as set forth in the “Definitions”. A development permit will be issued as required by law. In cases where the structure is exempt from either a building or shorelines permit, a development permit may be included within the shorelines exemption letter if used. Permit fees shall be charged as periodically established by Resolution of the Board of County Commissioners.” (Ord. 14206) 4.12 Application for Development Permit
Application for a permit shall be made on forms furnished by the Public Works Department. Applicants may be required to submit a scale drawing 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 may be required:
(1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
(2) Elevation in relation to mean sea level to which any structure has been floodproofed.
(3) Certification by registered professional engineer or architect, unless exempted by the Administrator, that the floodproofing methods for any non residential structure meet the floodproofing criteria in Section 5.22. (4) Description of the extent to which a watercourse will be altered as a result of proposed development. 4.2 DESIGNATION OF THE ADMINISTRATOR The Public Works Director is hereby appointed to administer and implement this Ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR Duties of the Administrator shall include, but not be limited to: 4.31 Permit Review (1) Review all development permits to determine that the permit requirements of this Ordinance has been satisfied.
review shall not be determinative as to whether such other State or Federal or local permits are required. The final responsibility for making such determination as to the necessity for other permits is with the permit applicant. (3) Review all development permits to determine if proposed development is located in the floodway. If located in the floodway, assure that the provisions of Section 5.3 are met. 4.32 Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the 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 5.2 SPEFIFIC STANDARDS, and 5.3 FLOODWAYS.
4.33 Information to be Obtained and Maintained
(1) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4.32, obtain and record the actual (asbuilt) 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 substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level); and (ii) maintain the floodproofing certifications required in Section 4.12(3). (3) Maintain for public inspection all records pertaining to the provisions of this Ordinance. 4.34 Alteration of Watercourses
(1) Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
4.35 Interpretation of FIRM Boundaries
4.4 VARIANCES 4.41 Procedure (1) The Administrator may consider applications for variances from the requirements of this Ordinance, subject to the provisions of this Section 4.4. An application for a variance shall be made upon forms provided by the Pubic Works Department. (2) In passing upon any applications for variance, the Administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Ordinance; and:
(i) the danger that materials may be swept onto other lands to the injury of others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the community;
(v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipate development;
(viii) the relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
(ix) the safety of access to the property in times of flood for ordinary and emergency vehicles;
(x) 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; and
(xi) 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.
(3) Upon consideration of the factors of Section 4.41(2) and the purposes of this Ordinance, the Administrator may attach such conditions to the granting of variances as he/she deems necessary to further the purposes of this Ordinance. (4) The Administrator shall report any variances to the Federal Insurance
Administration upon request. 4.42 Conditions for Variances
(2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed 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:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant;
(iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.14(4), 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 rate.
(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dryfloodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 4.4 2(l), and otherwise complies with Sections 5.11 and 5.12 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 ad that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 4.5 APPEALS
(1) A person aggrieved by the issuance or denial of a development permit or variance or by the imposition of a civil penalty may appeal such action to the Board of County Commissioners. Any such appeal shall be in writing and must be filed with the Board within fourteen (14) days of the transmittal of the Administrator’s decision to the applicant. The appeal shall specify the reasons therefore. The Administrator shall provide the Board with the findings and documentation relating to the decision being appealed.
(3) The decision of the Board shall be final and conclusive unless within fourteen (14) days from the date of transmittal the original applicant or an adverse party files an appeal to the Superior Court for Wahkiakum County for a writ of certiorari, a writ of prohibition, or a writ of mandamus. The filing of such an appeal within such time limit shall stay the effective date of the order of the Board until such time as the appeal shall have been adjudicated or withdrawn. Concurrently with filing such notice of appeal, the aggrieved party shall serve a copy thereof on the Clerk of the Board.
SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards, the following standards are required: 5.11 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 overthetop or frame times to ground anchors (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
5.12 Construction Materials and Methods
(1) All new construction and substantial improvements shall e 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.
proposed developments which contain at least 50 lots or 5 acres (whichever is less).” 5.15 Review of Building/Shoreline Permits Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (Section 4.32), applications for building permits/shoreline 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.” 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been
exceed 4 feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas (see the section Guidance for Pre Engineered Crawlspaces, on page 7 of the FEMA Technical Bulletin, No. FEMA 4671). This limitation will also prevent these crawlspaces from being converted into habitable spaces. viii) 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. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, welldrained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity or mechanical means. ix) The velocity of floodwaters at the site should not exceed 5 feet per second for any crawlspace. For velocities in excess of 5 feet per second, other foundation types should be used.” 5.22 Nonresidential Construction
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevate done foot or more above the level of the base flood elevation; or together with attendant utility and sanitary facilities, shall:
(1) be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(3) be certified 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 4.33(2). The certification shall be by a registered professional engineer or architect unless exempted by the Administrator.
(4) Nonresidential structures that are elevated, but not floodproofed, must meet the same standards for space below the lowest floor as described in 5.21(2).
(5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are none foot below the floodproofed level (e.g. a building constructed to one flood above the base flood level will be rated as at the base flood level.)
5.23 Critical Facility
or released into flood waters. Access routes elevated to or above the level of the base flood plain shall be provided to all critical facilities to the extent possible. 5.24 Manufactured Homes (Ord. 14206) 1. All manufactured homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured 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.” 5.25 Accessory Structures (1) Accessory structures shall not be used for human habitation. (2) Accessory structures shall be designed to have low flood damage potential. (3) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters. (4) Accessory structures shall be firmly anchored to prevent flotation that may result in damage to other structures.
(5) Service facilities such as electrical and heating equipment shall be elevated above the regulatory flood elevation or flood proofed to prevent damage by floodwaters.
5.26 Bridges, Culverts and Docks
(1) All bridges shall be designed and constructed to provide for the passage of regulatory flood flows. The total design of the bridge, its road approaches and associated utilities and bank stabilization shall allow for flood flows to pass under Error! No index entries found.or around the bridge structure without resulting in a significant damming of the stream. Plans may be submitted to the Public Works Director for review.
(2) The minimum floodway width shall be maintained. When center support piles are necessary, the structure shall be signed to withstand floodwater velocities with debris hangup and shall not result in increased flood depth or velocities.
(3) Culverts shall be sized to adequately pass regulatory flood flows. The culvert and road shall allow floodwaters to pass through, over or around the road without causing significant damming of the stream. Plans may be submitted to the Public Works Director for review.
5.3 FLOODWAYS (Ord. 14206) “Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, potential projectiles, and increase 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 (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) 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, may be excluded in the 50 percent. c) If subsection 5.3(a) and (b) are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5,, Provisions For Flood Hazard Reduction. d) The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. This paragraph is applicable when base flood elevations have been provided but floodways have not.” 5.4 STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES) Shallow flooding areas appear on FIRM’s as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 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 these areas, the following provisions apply:
(1) New construction and substantial improvements of residential structures within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified).
(i) 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
(ii) together with attendant utility and sanitary facilities, be completely flood proofed 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.