HomeMy WebLinkAbout20911
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
-T1 4 �Z9RO
ORDINANCE NO. A09/
AN ORDINANCE of the City of Port Angeles
establishing regulations for flood plain
management, adding a chapter to the Port
Angeles Municipal Code, and providing
penalties for violation.
WHEREAS, flood hazard areas within the City of Port
Angeles are subject to periodic inundation, which may result in
loss of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public ex-
penditures for flood protection and relief, an impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare; and
WHEREAS, these flood losses are exacerbated by the cumu-
lative effect of obstructions in areas of special flood hazards
which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Land uses that are inade-
quately flood - proof, elevated, or otherwise protected from flood
damage also contribute to the flood loss; and
WHEREAS, flood insurance is available in the City of Por
Angeles as authorized by the National Flood Insurance Act of 1968,
and the City of Port Angeles must adopt a Flood Plain Management
Ordinance in accordance with 44 CFR Section 60.3; and
WHEREAS, the City of Port Angeles has complied with the
State Environmental Policy Act and the City of Port Angeles en
vironmental procedure ordinance; and
WHEREAS, adoption of this Flood Plain Management Or-
dinance is in the interests of the citizens of the City of Port
Angeles; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1. TITLE.
This Ordinance may be cited as the Flood Damage Preven-
tion Ordinance of the City of Port Angeles.
Section 2. PURPOSE.
It is the purpose of this Ordinance to promote the pub-
lic health, safety and general welfare, and to minimize public and
private losses due to flood conditions in specific areas of the
City, by regulations designed:
(A) To protect human life and health;
(B) To minimize expenditure of public money on 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;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
• 25
26
27
28
29
30
31
32
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and utilities
including water, electric, telephone, and sewer lines,
and streets and bridges located in areas of special
flood hazard;
(F) To insure that those who occupy areas of special
flood hazard assume responsibility for their
actions;
(G) To assure the availability of flood insurance within
the City of Port Angeles.
Section 3. DEFINITIONS.
AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain
within a community subject to a one percent or greater chance of
flooding in any given year.
"BREAKAWAY WALLS" mean any type of walls, whether solid or lattice,
and whether constructed of concrete, masonry, wood, metal, plastic,
or any other suitable building material which are so designed as
to breakaway, under abnormally high tides or wave action, without
damage to the structural integrity of the building on which they
are used or any buildings to which they might be carried by flood
waters.
"COASTAL HIGH HAZARD AREA" means the area subject to high velocity
waters, including but not limited to, storm surge or tsunamis. The
area is designated on a FIRM as Zone V1 -30.
"DEVELOPMENT" means any man -made change to improved or unimproved
real estate, including but not limited to buildings or other struc-
tures, mining, dredging, filling, grading, paving, excavation or
drilling operations 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.
"FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which
the Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to
the community.
"FLOOD INSURANCE STUDY" means the official report provided by the
Federal Insurance Administration that includes flood profiles, the
Flood Boundary - Floodway Map, and the water surface elevation of
the base flood.
"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.
/ -2-
1
2
3
4
5
8
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
• 25
28
27
28
29
30
31
32
"HABITABLE FLOOR" means any floor usable for living purposes, whic
includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage purposes is
not a "habitable floor ".
"MEAN SEA LEVEL" means the average height of the sea for all stage
of the tide.
"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.
"START OF CONSTRUCTION" means the first placement of permanent con
struction of a structure (other than a mobile home) on a site, suc
as the pouring of slabs or footings or any work beyond the stage o
excavation. Permanent construction does not include land prepara-
tion, 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 as part of the main struc-
ture. For a structure (other than a mobile home) without a base-
ment or poured footings, the "start of construction" includes the
first permanent framing or assembly of the structure or any part
thereof on its piling or foundation. For mobile homes not within
a mobile home park or mobile home subdivision, "start of construc-
tion" means the affixing of the mobile home to its permanent site.
For mobile homes within mobile home parks or mobile home subdivi-
sions, "start of construction" is the date on which the construc-
tion of facilities for servicing the site on which the mobile home
is to be affixed (including, at a minimum, the construction of
streets, either final site grading or the pouring of concrete pads
and installation of utilities) is completed.
"STRUCTURE" means a walled and roofed building or mobile home that
is principally above ground.
"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or im-
provement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this
definition "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building com-
mences, whether or not that alteration affects the
external dimensions of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety
code specifications which are solely necessary to assure
safe living conditions, or
/
-3--
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
• 25
26
27
28
29
30
31
32
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
Section 4. SPECIAL FLOOD HAZARD AREAS ADOPTED.
This Ordinance shall apply to all areas of special flood
hazard in the City of Port Angeles identified by the Federal In-
surance Administration in a scientific and engineering report en-
titled Flood Insurance Study for the City of Port Angeles, dated
February, 1980, with accompanying flood insurance maps. This
Study and these Maps are hereby adopted by reference and declared
to be a part of this Ordinance. The flood insurance study and
accompanying maps are on file in the office of the City Clerk,
140 West Front Street, Port Angeles, Washington 98362.
Section 5. COMPLIANCE.
No structure or land shall hereafter be constructed, lo-
cated, extended, converted or altered without compliance with the
terms of this Ordinance as well as all other applicable regula-
tions.
Section 6. CONFLICT WITH OTHER ORDINANCES.
Should the provisions of this Ordinance and any other
ordinance, easement, covenant or deed conflict or over -lap, which-
ever regulation imposes the more stringent regulations shall pre-
vail.
Section 7. INTERPRETATION.
In the interpretation and application of this Ordinance,
all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers
granted under state statutes.
Section 8. DISCLAIMER OF LIABILITY.
The degree of flood protection required by this Ordin-
ance is considered reasonable for regulatory purposes; it is based
on scientific and engineering considerations. Larger floods can,
and will, occur on rare occasions. Flood heights may be increased
by man -made or natural causes. This Ordinance does not imply that
land outside the areas of special flood hazards or uses permitted
within such areas will be free from flood damages. This Ordinance
shall not create liability on the part of the City of Port Angeles,
any employee or officer thereof, or the Federal Insurance Adminis-
tration, during any flood damages that may result from a reliance
on this Ordinance, or any administrative decision made hereunder.
Section 9. DEVELOPMENT PERMIT - REQUIRED„
A special development permit shall be required before
construction or development within an area of special flood hazard.
If a permit for any development is required under another City
ordinance, the special development permit shall be combined with
that permit. The application for special development permit shall
/ -4-
1
2
3
• 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
• 25
28
27
28
29
30
31
32
be made on forms furnished by the Department of Public Works. The
following information shall be 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 flood - proofed;
(C) Certification by a registered professional engineer
or architect that the flood - proofing methods for any
non - residential structure meet the flood- proofing
criteria of this Ordinance;
(D) A description of the extent to which any water course
will be altered or relocated as a result of the
proposed development.
Section 10. DEVELOPMENT PERMIT - DUTIES OF DIRECTOR OF
PUBLIC WORKS.
The Director of Public Works shall be primarily respon-
sible for the administration and implementation of this Ordinance.
The Director of Public Works shall perform the following duties:
(A) Review all development permits other than for subdivi-
sions, short subdivisions and planned residential de-
velopments within flood hazard zones to determine:
(1) That the permit requirements of this Ordinance
have been satisfied;
(2) That all necessary permits have been obtained
from those federal, state or local governmental
agencies from which prior approval is required;
(3) If the proposed development is located in the
floodway, and if so, located'to assure that the
encroachment provisions of this Ordinance are
complied with.
(B) Obtain and record the following information:
(1) The actual elevation, in relation to mean sea level
of the lowest habitable floor (including basement)
of all new or substantially improved structures,
and whether or not the structure contains a base-
ment.
(2) For all new or substantially improved flood -
proofed structures:
(i) Verify and record the actual elevation in
relation to mean sea level; and
(ii) Maintain the flood - proofing certifications
required by this Ordinance.
(C) Maintain for public inspection all records pertaining
to the provisions of this Ordinance.
-5-
1
2
3
• 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(D) Notify adjacent communities
Department of Ecology prior
cation of any water course,
notification to the Federal
and the Office of the State
to any alteration or relo-
and submit evidence of such
Insurance Administration.
(E) Require that maintenance is provided within the altered
or relocated portion of said water course so that the
flood carrying capacity is not diminished.
(F) In coastal high hazard areas, certification shall be
obtained from a registered professional engineer or
architect that the structure is securely anchored to
adequately anchored pilings or columns in order to
withstand velocity waters.
Section 11. DUTIES OF PLANNING DIRECTOR.
The Planning Director shall perform the following
duties:
(A) Review all permits for subdivisions, short subdivisions
or planned residential developments within flood hazard
zones to determine:
(1) That the permit requirements of this Ordinance
have been satisfied;
(2) That all necessary permits have been obtained
from those federal, state or local governmental
agencies from which prior approval is required.
(B) Transmit to the Department of Public Worts all informa-
tion required under the terms of this Ordinance.
Section 12. PROVISIONS FOR FLOOD HAZARD PROTECTION --
GENERAL.
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 mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over - the -top
and frame ties to ground anchors. Specific requirements
shall be that:
(a) over- the -top ties be provided at each of the four
corners of the mobile home, with two additional
ties per side at intermediate locations, with
mobile homes less than 50 feet long requiring one
additional tie per side;
(b) frame ties be provided at each corner of the home
with five additional ties per side at intermediate
points, with mobile homes less than 50 feet long
requiring four additional ties per side;
(c) all components of the anchoring system be capable
of carrying a force of 4,800 pounds; and,
-6-
1
2
3
• 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
• 25
26
27
28
29
30
31
32
(d) any additions to the mobile home be similarly
anchored.
(3) An alternative method of anchoring may involve a system
designed to withstand a wind force of 90 miles per hour
or greater. Certification must be provided to the
Director of Public Works that this standard has been
met.
(B) 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.
(C) UTILITIES
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
(2) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems
into flood waters; and,
(3) On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
(D) 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 flood
damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for sub-
division proposals.
(E) RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any
residential structure shall have the lowest floor, including base-
ment, elevated to or above base flood elevation.
(F) NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any com-
mercial, industrial or other nonresidential structure shall either
have the lowest floor, including basement, elevated to the level
/ -7-
1
2
3
. 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
28
27
28
29
30
31
32
of the base flood elevation; or, together with attendant utility
and sanitary facilities, shall;
(1) be floodproofed so that below the base flood level the
structure is watertight with walls substantially im-
permeable to the passage of water;
(2) have structural components capable of resisting hydro-
static and hydrodynamic loads and effects of bouyancy;
and
(3) be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the
Director of Public Works.
(G) MOBILE HOMES
(1) Mobile homes shall be anchored in accordance with the
provisions above.
(2) For new mobile home parks and mobile home subdivisions;
for expansions to existing mobile home parks and mobile
home subdivisions; for existing mobile home parks and
mobile home subdivisions where the repair, reconstruc-
tion or improvement of the streets, utilities and pads
equals or exceeds 50 percent of value of the streets,
utilities and pads before the repair, reconstruction or
improvement has commenced; and for mobile homes not
placed in a mobile home park or mobile home subdivision,
it is required that:
(a) stands or lots are elevated on compacted fill or
on pilings so that the lowest floor of the mobile
home will be at or above the base flood level;
(b) adequate surface drainage and access for a hauler
are provided; and,
(c) In the instance of elevation on pilings, that:
(i) lots are large enough to permit steps,
(ii) piling foundations are placed in stable soil
no more than ten feet apart, and
(iii) reinforcement is provided for pilings more '.i.
than six feet above the ground level.
(3) No mobile home shall be placed in a floodway, except in
an existing mobile home park or existing :mobile home
subdivision.
Section 13. FLOODWAYS.
Located within areas of special flood hazard established
in Section 4 of this Ordinance are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles
and erosion potential, the following provisions apply:
(A) Encroachments, including fill, new construction, substan-
tial improvements, and other development are prohibited,
unless certification by a registered professional engin-
eer or architect is provided demonstrating that encroach-
ments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
-8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(B) If the foregoing requirements are satisfied, all new
construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions
of this Ordinance.
(C) The placement of any mobile homes, except in an exist-
ing mobile home park or existing mobile --home subdivi-
sion'is prohibited.
Section 14. COASTAL HIGH HAZARD AREA.
Coastal high hazard areas (V Zones) are located within
the areas of special flood hazard established in Section 4. These
areas have special flood hazards associated with high velocity
waters from tidal surges and, therefore, the following provisions
shall apply:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)
(L)
All buildings or structures shall be located landward
of the mean high tide.
All buildings or structures shall be elevated so that
the lowest supporting member is located no lower than
the base flood elevation level, with all space below
the lowest supporting member open so as not to impede
the flow of water, except for breakaway walls.
All buildings or structures shall be securely anchored
on pilings or columns.
Pilings or columns used as structural support shall be
designed and anchored so as to withstand all applied
loads of the base flood flow.
Compliance with provisions of Section 13 shall be cer-
tidied to by a registered professional engineer or
architect.
There shall be no fill used for structural support.
There shall be no alteration of sand dunes which would
increase potential flood damage.
Breakaway walls shall be allowed below the base flood
elevation provided they are not a part of the structural
support of the building and are designed so as to break-
away under abnormally high tides or wave action, without
damage to the structural integrity of the building on
which they are to be used.
If breakaway walls are utilized, such enclosed space
shall not be used for human habitation.
Prior to construction, plans for any structure that will
have breakaway walls must be submitted to the Director
of Public Works for approval.
Prohibit the placement of mobile homes, except in an
existing mobile home park or mobile home subdivision.
Any alteration, repair, reconstruction or improvement
to a structure started after the enactment of this
Ordinance shall not enclose the space below the lowest
floor unless breakaway walls are used as provided above.
Section 15. SEVERABILITY.
If any provisions of this Ordinance, or its application
to any person or circumstance, is held invalid, the remainder of
the Ordinance, or application of the provisions of the Ordinance
to other persons or circumstances, is not affected.
/ -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 16. VIOLATION.
Violation or failure to comply with the provisions of
this Ordinance shall be a misdemeanor. Each day that a violation
continues shall constitute a separate offense.
Section 17. EFFECTIVE DATE.
This Ordinance shall take effect as provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the 29th day of July,
1980.
Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig Miller, City Attorney
LISHED:
-10-
M A Y
bY(