HomeMy WebLinkAbout2514ORDINANCE NO. 2514
AN ORDINANCE of the City of Port Angeles
amending regulations for flood plain
management, and amending Ordinances 2091
and 2445 and Chapter 15.12 of the Port
Angeles Municipal Code.
WHEREAS, the City's Flood Damage Prevention Ordinance
should be amended in accordance with recent changes in the
regulations of the Federal Emergency Management Agency (FEMA);
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES, as follows:
Section 1. Section 1 of Ordinance 2445 and PAMC
15.12.020 are hereby amended as follows:
15.12.020 PURPOSE. It is the purpose of this Ordi-
nance to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions
in specific areas of the City, 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, and 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;
(PG) To ensure that those who occupy areas of special flood
hazard assume responsibility for their actions;
(GH) To assure the availability of flood insurance within the
City of Port Angeles.
Section 2. Section 2 of Ordinance 2445 and Article II
of Chapter 15.12 PAMC are hereby amended as follows:
ARTICLE II DEFINITIONS.
"APPEAL" means a request for a review of the Director of Public
Works interpretation of any provision of this Ordinance or a
request for a variance.
"AREA OF SHALLOW FLOODING" means a designated AO or AH Zone on the
Flood Insurance Rate Map (FIRM). The base flood depths range from
one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and velocity
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flow ma be evident. AO is characterized as sheet flow and AH
indicates •ondin•.
"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. Designation on maps always includes
the letters "A" or "V ".
"CRITICAL FACILITY" means a facility for which even a slight
chance of flooding might be too great. Critical facilities
include, but are not limited to schools, nursing homes, hospitals,
police, fire and emergency response installations, installations
which produce, use, or store hazardous materials or hazardous
waste.
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egtra - er- eimmeded- in-- any - gven - - - -Mse- referred- ter -es- -the
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mAm- er_u -Vm7
"BREAKAWAY WALL" means a wall that is not a part of the struc-
tural support of the building and is intended through its design
and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the
building or supporting foundation system.
"COASTAL HIGH HAZARD AREA" means the area subject to high velocity
waters, including but not limited to, storm surge or tsunamis.
This area is designated on a FIRM as Zone ?1 -3e V30, VE or V.
"DEVELOPMENT" means any man -made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations 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 dis-
charge the base flood without cumulatively increasing the water
surface elevation more than one foot.
"LOWEST FLOOR" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage,
in an area other than a basement area, is not considered a build-
ing's lowest floor, provided that such enclosure is not built so
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as to render the structure in violation of the applicable non -
elevation design requirements of this Ordinance found at Section
9-*H)-5 15.12.270(A) (1) .
"MANUFACTURED HOME" means a structure, transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connected to the required utilities. For flood plain management
purposes, the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home does not include park
trailers, travel trailers, and other similar vehicles.
"MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or con-
tiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
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strays- ef-ti'te -ti e-
"NEW CONSTRUCTION" means structures for which the "start of
construction" commenced on or after the effective date of this
Ordinance.
"START OF CONSTRUCTION" includes substantial improvement, and
means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement or other
improvement was within 180 days of the permit date. The actual
start means either the first placement of permanent construction
or a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and /or
walkways; nor does it include excavation for a basement, footings,
piers, or foundation or the erection of temporary forms; nor does
it include the installation on the property of accessory build-
ings, such as garages or sheds not occupied as dwelling units or
not part of the main structure.
"STRUCTURE" means a walled and roofed building including a gas or
liquid storage tank that is principally above ground.
"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or
improvement 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
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(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
"VARIANCE" means a grant of relief from the requirements of this
Ordinance which permits construction in a manner that would
otherwise be prohibited by this Ordinance.
"WATER DEPENDENT" means a structure for commerce or industry which
cannot exist in any other location and is dependent on the water
by reason of the intrinsic nature of its operations.
Section 3. Section 3 of Ordinance 2445 and PAMC
15.12.030 are hereby amended as follows:
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these - Maps-- ax'e-- hereby- adep€ed -ty- t'efe ene -- and -dee }aced - to -te- -a
part- ef- thss -e d4nanee: -- -The -- i-oock insu -rage. --stu dr- nc}- aeeerrpany-
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15.12.030 GENERAL PROVISIONS.
(A) LANDS TO WHICH THIS ORDINANCE APPLIES: This Ordinance
shall apply to all areas of special flood hazards within
the jurisdiction of the City of Port Angeles.
(B) 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 Port Angeles ", dated February, 1980,
with accompanying Flood Insurance Maps is hereby adopted
by reference and declared to be a part of this
Ordinance. The Flood Insurance Study is on file at the
office of the City Clerk, 321 East Fifth Street, Port
Angeles, Washington.
Section 4. Section 4 of Ordinance 2445 and PAMC
15.12.220 are hereby amended as follows:
15.12.220 HE G- PM£tfril-- P €RM-P - -- DUTIES AND
RESPONSIBILITIES OF DIRECTOR OF PUBLIC WORKS. The Director of
Public Works shall be primarily responsible 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
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;
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(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) When base flood elevation data has not been provided in
accordance with Section 4 - SPECIAL FLOOD HAZARD AREAS
ADOPTED, the Director of Public Works 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 SPECIFIC STANDARDS,
and FLOODWAYS.
(C) Obtain and record the following information:
(1) Where base flood elevation data is provided through
the Flood Insurance Study or required as in PAMC
15.12.220(B), obtain and record 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 basement.
(2) For all new or substantially improved floodproofed
structures:
( i) Verify and record the actual elevation in
relation to mean sea level; and
(ii) Maintain the floodproofing certifications
required by this Ordinance.
(D) Maintain for public inspection all records pertaining to
the provisions of this Ordinance.
(E) Notify adjacent communities and the office of the State
Department of Ecology prior to any alteration or relo-
cation of any water course, and submit evidence of such
notification to the Federal Insurance Administration.
(F) Require that maintenance is provided within the altered
or relocated portion of said water course so that the
flood carrying capacity is not diminished.
_WL 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 reasonable opportunity to appeal the
interpretation as provided in Section 15.12.240.
Section 5. Section 9 of Ordinance 2091 and PAMC
15.12.240 are hereby amended by adding a new section as follows:
ARTICLE IV. REQUIREMENTS AND STANDARDS
15.12.240 Development Permit Required - Application
Requirements.
(A) A speeia3 development permit shall be required before
construction or development within an area of special
flood hazard established in PAMC 15.12.030B. If a
permit for any development is required under another
City ordinance, the speeiti development permit shall be
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combined with that permit. 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 ".
(B) The application for apeekai development permit shall be
made on forms furnished by the Department of Public
Works. The application may include but not be limited
to: plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevation of the area
in question; existing or proposed structures, fill,
storage of materials, drainage facilities, and the
location of the foregoing. Specifically, Tthe following
information shall be required:
(Al)
(»2)
Elevation in relation to mean sea level
lowest floor, including basement,
structures;
Elevation in relation to mean sea level
any structure has been floodproofed;
, of the
of all
to which
(G3) Certification by a registered professional engineer
or architect that the floodproofing methods for
any nonresidential structure meet the flood -
proofing criteria of this Chapter;
(94) A description of the extent to which any water
course will be altered or relocated as a result of
the proposed development.
Section 6. Section 16 of Ordinance 2091 and PAMC
15.12.350 are hereby amended to read as follows:
15.12.350 Violation is Misdemeanor. No structure or
land shall hereafter be constructed. located, extended. converted,
or altered without full compliance with the terms of this Chapter.
Violation or failure to comply with the provisions of this Chapter
(including violation of conditions and safeguards established in
connection with conditions) shall be a misdemeanor. Each day that
a violation continues shall constitute a separate offense.
Nothing herein contained shall prevent the City from taking such
other lawful action as is necessary to prevent or remedy any
violation.
Section 7. Section 7 of Ordinance 2445 and PAMC
15.12.270 are hereby amended by adding a section as follows:
15.12.270 SPECIFIC STANDARDS. In all areas of special
flood hazards where base flood elevation data has been provided as
set forth in Section 4 SPECIAL FLOOD HAZARD AREAS ADOPTED or PAMC
15.12.220(B), Use of Other Base Flood Data, 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 to er one foot or more
above base flood elevation.
(2) Fully enclosed areas below the lowest floor that
are subject to flooding are prohibited, or shall be
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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:
( i) 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.
( ii) The bottom of all openings shall be no
higher than one foot above grade.
(iii) Openings may be equipped with screens,
louvers, or other coverings or devices,
provided that they permit the automatic
entry and exit of floodwaters.
(B) Non - Residential Construction
New construction and substantial improvement of any
commercial, industrial or other non - residential
structure shall either have the lowest floor, including
basement, elevated to one 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 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 structure design, specifications and
plans. Such certifications shall be provided to
the official as set forth in PAMC 15.12.220(C).
(4) Non - residential structures that are elevated, not
floodproofed, must meet the same standards for
space below the lowest floor as described in Sub -
Section (A).
Applicants floodproofing non - residential buildings
shall be notified that flood insurance premiums
will be based on rates that are one foot below the
floodproofed level, (e rr -e- fl?cti-ng-- eenstrueted
te- the - terse -- food- -}eve} w+ii te—retedafte feet
be}ew- tkat- }ere }} (e.g., a building floodproofed to
one foot above the base flood level will be rated
as at the base flood level).
(5)
iaL Critical Facility.
Construction of new critical facilities shall be, to the
extent possible, located outside the limits of the base
flood plain. Construction of new critical facilities
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shall be permissible within the base flood plain if no
feasible alternative site is available. Critical
facilities constructed within the base flood plain shall
have the lowest floor elevated to three feet or more
above the level of the base flood elevation at the site.
Floodproofing and sealing measures must be taken to
ensure that toxic substances will not be displaced by 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.
(DD) Manufactured Homes
All manufactured homes to be placed or substantially
improved within Zones A1-30, AH, and AE on the City's
FIRM shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is at -er
above one foot or more above the base flood elevation
and be securely anchored to an adequately anchored
foundation system in accordance with the provisions of
PAMC 15.12.260(A). This paragraph applies to manufac-
tured homes to be placed or substantially improved in an
expansion to an existing manufactured home park or sub-
division. This paragraph does not apply to manufac-
tured homes to be placed or substantially improved in an
existing manufactured home park or subdivision except
where the repair. reconstruction. or improvement of the
streets, utilities and pads equals or exceeds 50 percent
of the value of the streets, utilities and pads before
the repair, reconstruction or improvement has commenced.
Section 8. Section 7 of Ordinance 2445 and PAMC
15.12.330 are hereby amended as follows:
15.12.330 FLOODWAYS. Located within areas of special
flood hazard established in PAMC 15.12.030 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, sub-
stantial improvements, and other development are
prohibited, unless certification by a registered profes-
sional engineer or architect is provided demonstrating
that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood
discharge.
(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 (i) before the
repair. reconstruction, or repair is started, or (ii) if
the structure has been damaged, and is being restored,
before the damage occurred. Work done on structures to
comply with existing health, sanitary, or safety codes
or to structures identified as historic places shall not
be included in the 50 percent.
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(BC) If the ieregeMngrir nei*s- -are Section 15.12.330(A)
is satisfied, all new construction and substantial
improvements shall comply with all applicable flood
hazard reduction provisions of this Ordinance.
Section 9. A new Section 15.12.330 is hereby added to
Chapter 15.12 of the Port Angeles Municipal Code to read as
follows:
15.12.335 WETLANDS MANAGEMENT. To the maximum extent
possible, in order to avoid the short and long term adverse
impacts associated with the destruction or modification of
wetlands, especially those activities which limit or disrupt the
ability of the wetland to alleviate flooding impacts, the
following measures will be considered:
(A) Review proposals for development within base flood
plains for their possible impacts on wetlands located
within the flood plain.
(B) Ensure that development activities in or around wetlands
do not negatively affect public safety, health, and
welfare by disrupting the wetlands' ability to reduce
flood and storm drainage.
(C) Request technical assistance from the Department of
Ecology in identifying wetland areas.
Section 10. Section 9 or Ordinance 2445 and PAMC
15.12.340 are hereby amended as follows:
15.12.340 COASTAL HIGH HAZARD AREA. Located within
areas of special flood hazard established in PAMC 15.12.030 are
Coastal High Hazard Areas, designated as Zones VI -V30, VE and /or
V. These areas have special flood hazards associated with high
velocity waters from tidal surges and, therefore, in addition to
meeting all provisions in this Ordinance, the following provi-
sions shall also apply:
(1) Due to the dynamic nature of coastal high hazard
areas located along the Pacific Ocean, in areas
with designated Velocity Zones (V- zones) from Cape
Disappointment to Cape Flattery, the following
standards shall apply:
( i) Prohibit new or substantially improved
construction in designated V- zones; exceptions
are for needed water dependent structures or
structures that facilitate public recreational
access to the shore. Structures which require
siting in the V -zone should be sited landward
of the primary dune if an active dune system
is associated with the V -zone.
(ii) Prohibit any alteration of dunes in the above
designated V -zones which could increase
potential flood damage; this restriction
includes prohibiting any modification or
alteration or disturbance of vegetative cover
associated with dunes located in designated V-
zones.
(32) All new construction and substantial improvements
in Zones V1 -V30 and VE (V if base flood elevation
-9-
data is available) shall be elevated on pilings and
columns so that:
( i) the bottom of the lowest horizontal struc-
tural member of the lowest floor (excluding
the pilings or columns) is elevated one food
or more te- or-above the base flood level; and
(ii) the pile or column foundation and structure
attached thereto is anchored to resist flota-
tion, collapse and lateral movement due to the
effects of wind and water loads acting simul-
taneously on all building components. Wind
and water loading values shall each have a one
percent chance of being equalled or exceeded
in any given year (100 -year mean recurrence
interval).
A registered professional engineer or architect
shall develop or review the structural design,
specifications and plans for the construction and
shall certify that the design and methods of
construction to be used are in accordance with
accepted standards of practice for meeting the
provisions of (i) and (ii) of this Section.
(2-3) Obtain the elevation (in relation to mean sea
level) of the bottom of the lowest structural
member of the lowest floor (excluding pilings and
columns) of all new and substantially improved
structures in Zones V1 -30 and VE, and whether or
not such structures contain a basement. The local
administrator shall maintain a record of all such
information.
(a4) All new construction shall be located landward of
the reach of mean high tide.
(45) Provide that all new construction and substantial
improvements have the space below the lowest floor
either free of obstruction or constructed with non -
supporting breakaway walls, open wood latticework,
or insect screening intended to collapse under wind
and water loads without causing collapse, displace-
ment, or other structural damage to the elevated
portion of the building or supporting foundation
system. For the purpose of this Section, a break-
away wall shall have a design safe loading
resistance of not less than 10 and no more than 20
pounds per square foot. Use of breakaway walls
which exceed a design safe loading resistance of 20
pounds per square foot (either by design or when so
required by local or State codes) may be permitted
only if a registered professional engineer or
architect certifies that the designs proposed meet
the following conditions:
( i) breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood; and
(ii) the elevated portion of the building and
supporting foundation system shall not be
subject to collapse, displacement, or other
structural damage due to the effects of wind
and water loads acting simultaneously on all
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building components (structural and non-
structural). Maximum wind and water loading
values to be used in this determination shall
each have a one percent chance of being
equalled or exceeded in any given year (100 -
year mean recurrence interval).
(56) If breakaway walls are utilized, such enclosed
space shall be usable solely for parking of
vehicles, building access, or storage. Such space
shall not be used for human habitation.
(47) Prohibit the use of fill for structural support of
buildings.
(7.8) Prohibit man -made alteration of sand dunes which
would increase potential flood damage.
Section 11 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 circum-
stances, is not affected.
Section 12 EFFECTIVE DATE. This
effect five (5) days after its publication.
PASSED by the City Council of the
at a regular meeting of said Council held
December, 1988.
ATTEST:
r
_v)
ichelle M. Maike, City Clerk
APPROVED AS TO FORM:
Craig D. utson, City Attorney
PUBLISHED: December 25, 1988
PW.164
Ordinance shall take
City of Port Angeles
on the 20th day of
M A Y O R