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HomeMy WebLinkAbout3238• ORDINANCE NO. 3238 AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of Title 15, as it relates to Flood Damage Prevention, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Whereas, the City's flood damage prevention regulations need to be amended and updated to be consistent with FEMA regulations. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance 2091, as amended, and a portion of Title 15 are hereby amended by amending 15.12 PAMC to read as follows: FLOOD DAMAGE PREVENTION Sections: ARTICLE I. GENERAL PROVISIONS 15.12.010 Title. 15.12.020 Purpose. 15.12.030 General Provisions. 15.12.040 Compliance Required. 15.12.050 Interpretation and Application. 15.12.060 More Stringent Regulations to Apply in Case of Conflict. 15.12.070 Disclaimer of Liability. ARTICLE II. DEFINITIONS 15.12.075 Appeal. 15.12.076 Area of Shallow Flooding. 15.12.080 Area of Special Flood Hazard. 15.12.081 Baseflood. -1- • 15.12.082 Basement. 15.12.090 Breakaway Wall. 15.12.100 Coastal High Hazard Area. 15.12.102 Critical Facility. 15.12.104 Cumulative Substantial Damage. 15.12.110 Development. 15.12.112 Elevation Certificate. 15.12.114 Elevated Building. 15.12.116 Existing Manufactured Home or Park Subdivision. 15.12.118 Expansion to An Existing Manufactured Home Park or Subdivision. 15.12.120 Flood or Flooding. 15.12.130 Flood Insurance Rate Map (FIRM). 15.12.140 Flood Insurance Study (FIS) . 15.12.150 Floodway. 15.12.155 Increased Cost of Compliance. 15.12.160 Lowest Floor. 15.12.163 Manufactured Home. 15.12.166 Manufactured Home Park or Subdivision. 15.12.180 New Construction. 15.12.185 New Manufactured Home Park or Subdivision. 15.12.187 Recreational Vehicle. 15.12.190 Start of Construction. 15.12.200 Structure. 15.12.205 Substantial Damage. 15.12.210 Substantial Improvement. 15.12.215 Variance. 15.12.216 Water Dependent. 15.12.220 15.12.230 15.12.235 ARTICLE III. ADMINISTRATION Duties of Director of Public Works and Utilities. Duties of Director of Community and Economic Development. Variance Procedure. ARTICLE IV. REQUIREMENTS AND STANDARDS 15.12.240 Development Permit Required - Application Requirements. 15.12.250 Standards Generally. 15.12.260 Provisions for Flood Hazard Protection Reduction - General Standards. 15.12.270 Specific Standards. 15.12.330 Floodways. 15.12.335 Wetlands Management. - 2 - 15.12.340 15.12.345 Coastal High Hazard Area. Standards for Shallow Flooding Areas (AO Zones) ARTICLE V. VIOLATION 15.12.350 Violation is Misdemeanor. ARTICLE I. GENERAL PROVISIONS 15.12.010 Title. This Chapter may be cited as the Flood Damage Prevention Chapter of the City of Port Angeles. 15.12.020 Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas 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; G. To ensure that those who occupy areas of special flood hazard assume responsibility for their actions; H. To assure the availability of flood insurance within the City of Port Angeles. 15.12.030 General Provisions. A. Lands to which this Chapter applies: This Chapter 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 Flood Insurance Study for the City of Port Angeles, dated February, 1980, and revised September 28, 1990, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study and Flood Insurance Rate Map(s) areas on file at the office of the City Clerk, 321 East Fifth Street, Port Angeles, Washington 98362. -3- 15.12.040 Compliance Required No structure or land shall hereafter be constructed, located, extended, converted or altered without compliance with the terms of this Chapter as well as all other applicable regulations. 15.12.050 Interpretation and Application In the interpretation and application of this Chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. 15.12.060 More Stringent Regulations to Apply in Case of Conflict . Should the provisions of this Chapter and any other ordinance, easement, covenant or deed conflict or overlap, whichever regulation imposes the more stringent regulations shall prevail. 15.12.070 Disclaimer of Liability . The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes; it is based on scientific and engineering considerations. Larger floods can, and will, occur on rate occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flood damages. This Chapter shall not create liability on the part of the City, any employee or officer thereof, or the Federal Insurance Administration, during any flood damages that may result from a reliance on this Chapter, or any administrative decision made hereunder. ARTICLE II. DEFINITIONS 15.12.075 Appeal. "Appeal" means a request for a review of the Director of Public Works' interpretation of any provision of this ordinanceChaptcr or a request for a variance. 15.12.076 Area of Shallow Flooding "Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). AO zones have base flood depths that ran • e from one to three feet above the natural • ound; a clearl defined channel does not exist the s ath of floodin is un •redictable and indeterminate• and veloci flow ma be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations. .: • :: _ t flow an mdicatcs ponding: 15.12.080 Area of Special Flood Hazard. "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. • 15.12.081 Baseflood. ` Baseflood" means the flood having a 1% chance of being equaled or exceeded in an iven ear also referred to as the "100- ear flood" Desi nated on Flood Insurance Rate Maps by the letters A or V. 15.12.082 Basement. "Basement" means any area of the building having its floor sub - grade (below ground level) on all sides. 15.12.090 Breakaway Wall. "Breakaway wall" means a wall that is not a part of the structural 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. 15.12.100 Coastal High Hazard Area. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primar frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 -30, VE or V. the arca subjcct to high velocity watcrs, including but not limited to, storm surgcs or tsunamis. The - ; . -1 15.12.102 Critical Facility. "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, and installations which produce, use, or store hazardous materials or hazardous waste. 15.12.104 Cumulative Substantial Damage. "Cumulative substantial damage" means flood - related damages sustained by a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. 15.12.110 Development. "Development" means any manmade 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 or storage of equipment or materials located within the area of special flood hazard. 15.12.112 Elevation Certificate: "Elevation certificate" means the official form (FEMA Form 81 -31) used to track development provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the pro • er insurance premium rate with Section B completed by Community Officials. 15.12.114 Elevated Building. "Elevated building" means for insurance purposes, a non - basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. -5- 15.12.116 Existing Manufactured Home Park or Subdivision. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site radin or the • ourin of concrete • ads is com . leted before the effective date of the ado . ted floodplain management regulations. 15.12.118 Expansion to An Existing Manufactured Home Park or Subdivision. "Ex ansion to an existin ' manufactured home • ark or subdivision" means the . re . aration of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 15.12.120 Flood or Flooding "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters; and /or B. The unusual and rapid accumulation of runoff of surface waters from any source. 15.12.130 Flood Insurance Rate Map (FIRM). "Flood insurance rate map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 15.12.140 Flood Insurance Study (FIS). "Flood insurance study" (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the Fflood Bboundary- Ffloodway Mmap, and the water surface elevation of the base flood. 15.12.150 Floodway. "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. 15.12.155 Increased Cost of Compliance. "Increased cost of compliance" means a flood insurance claim . a ment u . to ', 30 000 directl to a .ro • e owner for the cost to com • 1 with floodplain management regulations after a direct physical loss caused b y a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage." (More information can be found in FEMA ICC Manual 301.) 15.12.160 Lowest Floor . "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 building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this Chapter found at 15.12.270(A)1. -6- • • 15.12.163 Manufactured Home . "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 attachedesnnneeted to the required utilities. For flood plain managcmcnt purposcs, the tcrm "manufacturcd homc" also includcs park trailcrs, trawl trailcrs, and othcr similar vchicics. The term "manufactured home" does not include a recreational vehicle. 15.12.166 Manufactured Home Park or Subdivision . "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale 15.12.180 New Construction . "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Chapter. 15.12.185 New Manufactured Home Park or Subdivision. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the • ourin of concrete • ads is com • feted on or after the effective date of ado • ted flood • lain management regulations. 15.12.187 Recreational Vehicle. "Recreational vehicle" means a vehicle, 1) built on a single chassis; 2) 400 square feet or less when measured at the lar• est horizontal pro'ection; 3 Desi ed to be self- • ro • elled or • ermanentl towable b a li ht du truck. and 4) Desi ' ned • rimarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 15.12.190 Start of Construction . "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 of 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 buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first -7- • alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 15.12.200 Structure. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 15.12.205 Substantial Damage. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 15.12.210 Substantial Improvement . "Substantial improvement" means any repairs, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty 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 commenced, 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 correct pre- citedcornply wiih existing violations of State or local health, sanitary, or safety code specifications which are the minimumsorlely necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 15.12.215 Variance. "Variance" means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. 15.12.216 Water Dependent. "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 operation. ARTICLE III. ADMINISTRATION 15.12.220 Duties of Director of Public Works . The Director of Public Works and Utilities shall be primarily responsible for the administration and implementation of this Chapter. The Director of Public Works and Utilities shall perform the following duties: A. Review all development permits other than for subdivisions, short subdivisions and planned residential developments within flood hazard zones to determine: 1. That the permit requirements of this Chapter have been satisfied; -8- • • 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 Chapter are complied with. B. When base flood elevation data has not been provided in accordance with Section 15.12.030 - General Provisions, the Director of Public Works and Utilities 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, Flood Insurance Rate Map, 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 non - residential structures: a. Verify and record the actual elevation in relation to mean sea level to which the structure was flood proofed; and b. Maintain the floodproofing certifications required by this Chapter. D. Maintain for public inspection all records pertaining to the provisions of this Chapter. E. Notify adjacent communities and the office of the State Department of Ecology prior to any alteration or relocation of any watercourse, 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. G. 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. 15.12.230 Duties of Director of Community and Economic DevelopmentThe Director of Community and Economic Development 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 Chapter 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 Works and Utilities all information required under the terms of this Chapter. -9- • • 15.12.235 Variance Procedure. A. Appeal Board: 1. The Board of Adjustment as established by the City of Port Angeles shall hear and decide appeals and requests for variances from the requirements of this Chapter. 2. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works and Utilities in the enforcement or administration of this Chapter. 3. Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of Clallam County, as provided in Chapter 2.52 PAMC. 4. In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and: a. the danger that materials may be swept onto other lands to the injury of others; b. the danger to life and property due to flooding or erosion damage; c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. the importance of the services provided by the proposed facility to the community; e. the necessity to the facility of a water front location, where applicable; f. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. the compatibility of the proposed use with existing and anticipated development; h. the relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for that area; 1 i. the safety of access to the property in times of flood for ordinary and emergency vehicles; j. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and k. the costs ofproviding 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. 5. Upon consideration of the factors of Sub - Section A(4) and the purposes of this Chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. 6. The Director of Public Works and Utilities shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Conditions for Variances: 1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on -10- • a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a - k) in Sub - Section A(4) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. 2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Section. 3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon: a. a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship to the applicant; c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Sub - Section A(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 rare. 7. Variances may be issued for non - residential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry - floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Sub - Section B(1), and otherwise complies with the general standards. 8. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. ARTICLE IV. REQUIREMENTS AND STANDARDS 15.12.240 Development Permit Required - Application Requirements. A. A 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 development permit shall be 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 development permit shall be made on forms furnished by the Department of Public Works and Utilities. The application may include but shall 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, the following information shall 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 flood - proofed; 3. Certification by a registered professional engineer or architect that the flood - proofing methods for any nonresidential structure meet the flood - proofing criteria of this Chapter; 4. A description of the extent to which any water course will be altered or relocated as a result of the proposed development. 15.12.250 Standards Generally. In all areas of special flood hazards, the standards set forth in Sections 15.12.260 through 15.12.320 are required. 15.12.260 Provisions for Flood Hazard Protection Reduction - General Standards . 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 movements of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. Utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Additionally, all water wells shall be located on high ground and not in the floodway. 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. -12- • 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. 4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). E. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (See PAMC 15.12.220(B)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 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 15.12.030 General Provisions, or PAMC 15.12.220(B), 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 the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. B. 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 the level 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 impermeable to the passage of water; 2. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; -13 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 structural 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). 5. Applicants floodproofing non - residential buildings shall be notified that flood insurance premiums will be based on rates that are at base flood level, C. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones Al -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 or 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 manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured 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. 15.12.330 Floodways. Located within areas of special flood hazard as established in Section 15.12.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited, unless certification by a registered professional 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 is 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 which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. C. If Section 15.12.330(A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Chapter. -14- • 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. 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 V1 -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 Chapter, the following provisions shall also apply: A. 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: 1. 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. 2. 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. B. All new construction and substantial improvements in Zones V1-V30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that: 1. the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and 2. the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled 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 (1) and (2) of this Section. C. 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 - 15 - • 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. D. All new construction shall be located landward of the reach of mean high tide. E. 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, displacement or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this Section, a breakaway 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: 1. breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. 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 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 equaled or exceeded in any given year (100 -year mean recurrence interval). F. 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. G. Prohibit the use of fill for structural support of buildings. H. All manufactured homes to be placed or substantially improved within Zones V1- 30, V, and VE on the community's FIRM on sites: 1. Outside of a manufactured home park or subdivision, 2. In a new manufactured home park or subdivision, 3. In an expansion to an existing manufactured home park or subdivision., 4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall meet the standards of PAMC 15.12.260(A) through (C) and manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1- 30, V, and VE on the FIRM shall meet the requirements of PAMC 15.12.270(C). I. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM either: 1. Be on the site for fewer than 180 consecutive days, or 2. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or 3. Meet the requirements of PAMC 15.12.240 (development permit required) and PAMC 15.12.340, paragraphs (A) through (G). or -16- • 15.12.345 Standards for Shallow Flooding Areas (AO Zones) Shallow floodin areas a • • ear on FIRMs as AO zones with de • th desi nations. The base flood de • the in these zones ran e from 1 to 3 feet above round where a clearl does not exist, or where the path of flooding is unpredictable and where veloci flow may be evident. Such floodin is usuall characterized as sheet flow. In these areas the followin provisions apply: A. New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the hi hest adjacent ade to the structure one foot or more above* the de •th number specified in feet on the communitvs FIRM (at least two feet above the hi • hest adjacent • ade to the structure if no depth number is specified). B. New construction and substantial improvements of nonresidential structures within AO zones shall either: 1. Have the lowest floor (including basement) elevated above the highest adjacent • ade of the building site, one foot or more above the depth number s • ecified on the FIRM (at least two feet if no depth number is specified); or Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is waterti • ht with walls substantiall im • ermeable to the • assa e of water and with structural com • onents havin the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyanc . If this method is used, compliance shall be certified by a registered professional engineer or architect as in section 5.2 -2(3). Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. D. Recreational vehicles placed on sites within AO Zones on the community's FIRM are required to either: Be on the site for fewer than 180 consecutive days, or 2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or Meet the requirements of 15.12.345 (A) and 15.12.345 (C) above and the anchoring requirements for manufactured homes (Section 15.12.260 (A)(2)). defined channel ARTICLE V. VIOLATION 15.12.3 50 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 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. -17- • • Section 2. Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 - Effective Date . This Ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of March, 2006. ATTEST: 1, ..(b . L ►. • Becky J. Up4 n, 4 Clerk APP OVED AS TO FOR William E. Bloor, City Attorney PUBLISHED: March 12, 2006 By Summary a(R/A/k- MAYOR G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS\2006- 02.FEMA Compliance- Chapter 15.012006.wpd March 1, 2006 -18- Summaries of Ordinances Adopted by the Port Angeles City Council on March 7, 2006 Ordinance No. 3237 This Ordinance of the City of Port Angeles, Washington, approves the Planned Residential Development known as Peninsula Village PRD. Ordinance No. 3238 This Ordinance of the City of Port Angeles, Washington, amends a portion of Title 15, as it relates to Flood Damage Prevention, of the Port Angeles Municipal Code. Ordinance No. 3239 This Ordinance of the City of Port Angeles, Washington, amends a portion of the Zoning Code, Title 17, of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: March 12, 2006