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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(