Chapter 18.02
FLOODPLAIN REGULATIONS
Sections:
18.02.010 Purpose and methods.
18.02.060 Provisions for flood hazard reduction.
18.02.070 Effect of chapter on other land use regulations.
18.02.010 Purpose and methods.
A. Statement of 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 by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects:
3. To minimize the need for rescue and relief efforts associated with flooding generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazards;
6. To help maintain a stable tax base by providing for the sound use in development of areas of special flood hazard so as to minimize future blight areas;
7. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
8. To ensure that potential buyers are notified that property is in an area of special flood hazard;
9. To meet the National Flood Insurance Program standards;
10. To comply with the regulations adopted by the Washington State Department of Ecology.
B. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
4. Controlling filling, grading, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 687 § 2 (part), 1999)
18.02.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following terms are defined for purposes of this chapter only:
A. “Appeal” means a request for review of the superintendent of public works’ interpretation of any provision of this chapter or a request for a variance.
B. “Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths in such areas range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
C. “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 of such areas on maps always includes the letters “A” or “V”.
D. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “one-hundred-year flood.” Designation on maps always includes the letter “A”.
E. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
F. “Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral forces, without causing damage to the elevated portion of the building or supporting foundation system.
G. “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.
H. “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 and area of special flood hazard.
I. “Elevated building” means for insurance purposes a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
J. “Existing manufactured home park or subdivision” means a manufactured home park subdivision for which the construction facilities for servicing the lots on which manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and the final site grading or pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.
K. “Expansion to an existing manufactured home park or subdivision” means preparation 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 the final site grading or the pouring of concrete pads).
L. “Flood” or “flooding” means a general and temporary condition on partial or complete inundation of normally dry land areas from:
1. The overflow of inland waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.
M. “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.
N. “Flood Insurance Study” (“FIS”) 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.
O. “Floodway” means the channel of a river or other water course in 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.
P. “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 nonelevation design requirements of this chapter found in Section 18.02.060(B)(1)(b).
Q. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designated 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 one hundred eighty consecutive days. For insurance purposes, the terms “manufactured home” does not include park trailers, travel trailers, and other similar vehicles. The term “manufactured home” does not include a recreational vehicle.
R. “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.
S. “New construction” means structures for which the “start of construction” commenced on or after the effective date of this ordinance codified in this chapter.
T. “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 the utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted flood plan management regulations.
U. “Recreational vehicle” means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
V. “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 one hundred eighty 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 slabs 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 or 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 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.
W. “Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground.
X. Substantial Improvement.
1. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
a. Before the improvement or repair is started, or
b. If the structure has been damaged and is being restored, before the damage occurred;
2. For 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 commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions, or
b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”
Y. “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.
Z. “Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent upon the water by reason of the intrinsic nature of its operations. (Ord. 687 § 2 (part), 1999)
18.02.030 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 Brewster.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a preliminary scientific and engineering report entitled “the Flood Insurance Study for the city of Brewster,” dated March 13, 1997, with accompanying Flood Insurance Rate Maps, revised as of August 9, 1999, to change flood plain boundaries, is hereby adopted by reference and declared to be a part of this chapter. The FIS is on file at Brewster City Hall.
C. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Any person who violates any of the provisions of this chapter or who fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $500.00, for each violation, and in addition shall pay all costs and expenses involved in investigating and prosecuting the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy a violation. Each day, or portion thereof, during which any violation occurs shall be considered a separate offense and punishable as such.
D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any other ordinance easement covenant or deed restriction conflict or overlap, whichever imposes that more stringent restriction shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the city; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 687 § 2 (part), 1999)
18.02.040 Administration.
A. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in the studies or maps adopted by Section 18.02.030(B). The permit shall be for all structures, including manufactured homes, and for all development, including fill and other activities, as defined in Section 18.02.020.
B. Application for Development Permit. Application for a development permit shall be made on forms furnished by the superintendent of public works and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 18.02.060(B)(2); and
4. Description of the extent to which any water course will be altered or relocated as a result of proposed development.
C. Designation of Local Administrator. The city’s superintendent of public works is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
D. Duties and Responsibilities of the Superintendent of Public Works. The duties of the superintendent of public works in connection with this chapter shall include, but not be limited to:
1. Reviewing all development permits to determine that the permit requirements of this chapter have been satisfied;
2. Reviewing all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and
3. Reviewing all development permits to determine if the proposed development is located in the floodway. If the development is located in the floodway, the superintendent of public works shall assure that the provisions of Section 18.02.060(C) are met.
E. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 18.02.030(B), the superintendent of public works shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state, or other source, in order to administer Section 18.02.060.
F. Information to be Obtained and Maintained.
1. Where base flood elevation data is provided through the FIS or required as in subsection (E) of this section, the superintendent of public works shall obtain from each development permit applicant and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement.
2. For all new or substantially improved floodproofed structures, the superintendent of public works shall:
a. Verify and record the actual elevation (in relation to mean sea level), and
b. Maintain the floodproofing certifications as required in subsection (B)(3) of this section.
3. The superintendent of public works shall maintain for public inspection all records pertaining to the provisions of this chapter.
G. Alteration of Water Courses. The superintendent of public works shall:
1. Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal Insurance Administration; and
2. Require that maintenance is provided within the altered or relocated portion of said water course so that the flood carrying capacity is not diminished.
H. Interpretation of FIRM Boundaries. The superintendent of public works shall make interpretations where needed, as to the 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 boundaries shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.02.050. (Ord. 687 § 2 (part), 1999)
18.02.050 Variance procedure.
A. City Council.
1. The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the superintendent of public works in the enforcement of administration of this chapter.
3. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, along with the following:
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 waterfront 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;
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 effects of wave action, if applicable, expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
4. Upon consideration of the factors set forth in subsection (A)(3) of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
5. The superintendent of public works 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 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; provided, that items (a) through (k) in subsection (A)(3) of this section have been fully considered. As the lot size increases beyond one-half acre, 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 subsection.
3. Variances shall not be issued within any 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 will result in exceptional hardship to the applicant; and
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 subsection (A)(3) of this section, or conflict with existing local laws or ordinances.
6. Variances as interpreted in the National Flood Insurance Program and as authorized by this chapter, are based on the general zoning law principle that they pertain to a physical piece of property, are not personal in nature and do not pertain to the structure, its inhabitants economic or financial circumstances. Variances not in accord with this general principle shall not be granted.
7. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than water-tight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (B)(1) of this section, and otherwise complies with Section 18.02.060(A)(1) and (2).
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.
C. Appeal of Decision on Variance or Appeal. Decisions of the city council granting, denying or conditioning any variance or appeal may be appealed to the Okanogan County Superior Court in the same manner and within the same time periods specified by Section 17.38.070 of the Brewster Municipal Code, as presently enacted or as hereafter amended. (Ord. 687 § 2 (part), 1999)
18.02.060 Provisions for flood hazard reduction.
A. General Standards. In all areas of special flood hazards, the following standards must be met:
1. Anchoring.
a. All new construction and substantial improvement shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
b. 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 or other techniques described in the most current version of the Federal Emergency Management Agency’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques.
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. 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.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood damage.
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
d. 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 fifty lots or five acres (whichever is less).
5. Review of Building Permits. Where elevation data is not available either through the FIS or from another authoritative source, 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.
B. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 18.02.030(B), or Section 18.02.040(E), the following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation.
b. 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 flood waters. 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 that one foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit automatic entry and exit of flood waters.
2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
a. Be floodproof so that below one foot above the base flood level the structure is water tight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
c. 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 certification shall be provided to the superintendent of public works as set forth in Section 18.02.040(F)(2).
d. Nonresidential structures that are elevated, not floodproof, must meet the same standards for space below the lowest floor as described in subsection (B)(1)(b) of this section.
e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level).
3. 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 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.
4. Manufactured Homes. All manufactured homes to be placed or substantially improved within zones AH and AE, if and where those zones exist in the city, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is 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 subsection (A)(1)(b) of this section.
5. Recreational Vehicles. Recreational vehicles placed on sites within zones AH and AE, if and where those zones exist in the city, must either: (1) be on the site for fewer than one hundred eighty consecutive days, be fully licensed and ready for highway use, on its wheels or jacking system, and attached to the side only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (2) meet the requirements of subsection (B)(4) of this section and the elevation and anchoring requirements for manufactured homes.
C. Floodways. Located within areas of special flood hazards established in Section 18.02.030(B) 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:
1. 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 will not result in any increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for:
a. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and
b. Repairs, reconstruction, or improvements to a structure, the cost of which does not exceed fifty percent of the market value of the structure either:
i. Before the repair, reconstruction or improvement 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 fifty percent;
3. If subsection (C)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection.
D. Wetlands Management. To the maximum extent possible, 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, shall be avoided. In order to implement this goal, the superintendent of public works shall:
1. Review proposals for development within base flood plains for their possible impacts on wetlands located within the flood plain;
2. 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; and
3. Request technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland map information from the National Wetlands Inventory (NWI) can be used in conjunction with the city’s FIRM to prepare an overlay flood zone indicating critical wetland areas deserving special attention.
E. Encroachments. The cumulative effect of any proposed development, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (Ord. 687 § 2 (part), 1999)
18.02.070 Effect of chapter on other land use regulations.
Nothing in this chapter shall be construed to allow land uses or construction methods within the city which are not allowed or which are prohibited by the Brewster Municipal Code or any other ordinance or resolution of the city. (Ord. 687 § 2 (part), 1999)