Chapter 17.56
FLOOD MANAGEMENT OVERLAY DISTRICT (FM)
Sections:
17.56.020 Establishment of boundaries.
17.56.030 Warning and disclaimer of liability.
17.56.060 Use of other base flood data (in A and V zones).
17.56.070 Information to be obtained and maintained.
17.56.080 Alteration of watercourses.
17.56.120 Recreational vehicles (44 CFR 60.3(c)(14)).
17.56.140 Conditions for variances.
17.56.010 Purpose and intent.
The purpose of the flood management overlay district is to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas designated by the Federal Emergency Management Agency and the Federal Insurance Administration. The requirements of this chapter must be met in addition to those of the underlying zone district. The district is intended to meet the requirements of the federal government to maintain the town’s eligibility for resident participation in the flood insurance program. This chapter replaces the flood damage prevention ordinance. (Ord. 1594 NS § 3, 2017; Ord. 1488 NS § 17, 2012; Ord. 1160 NS § 1, 1997).
17.56.015 Definitions.
The following definitions shall be used in the implementation of this chapter. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used, or as defined in CMC 17.04.060.
“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.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”). Designated on flood insurance rate maps by the letters A or V.
“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
“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.
“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 or runoff of surface water 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 (FIS)” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate maps, and the water surface elevation of the base flood.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
“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 as CMC 17.56.100(A)(2) (i.e., provided there are adequate flood ventilation openings).
“Manufactured home park” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
“New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.
“Recreational vehicle (RV)” means a vehicle:
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.
“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 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 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.
“Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.
“Substantial damage” means the damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“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 commences, whether or not that alteration affects the external dimensions of the structure.
The term can exclude:
1. Any project for improvement of a structure to correct precited existing violations of state or local heath, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum 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. (Ord. 1594 NS §§ 1, 2, 2017).
17.56.020 Establishment of boundaries.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Stevens County, WA Unincorporated Areas,” with accompanying flood insurance rate maps (FIRMs) dated August 16, 1996, and the FIRM for the city of Colville, WA, dated June 5, 1985, including any revisions thereto, and any revisions hereafter, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRMs are on file at the city of Colville office of building and planning, 170 S. Oak Street, Colville, WA 99114. The best available information for flood hazard area identification as outlined in CMC 17.56.060 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under CMC 17.56.060. (Ord. 1594 NS § 3, 2017; Ord. 1279 NS § 4, 2002; Ord. 1160 NS § 1, 1997).
17.56.030 Warning and disclaimer of liability.
The creation of this district does not imply that all areas outside of the overlay district will always be safe from flooding. Therefore, the establishment of this district shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made thereunder. (Ord. 1594 NS § 3, 2017; Ord. 1160 NS § 1, 1997).
17.56.040 Permitted uses.
All uses permitted in the underlying district subject to site plan review and to special building code requirements, so long as the applicant can demonstrate that the proposed development will not increase the risk of flooding or flood damage for properties upstream or downstream of the site. (Ord. 1594 NS § 3, 2017; Ord. 1160 NS § 1, 1997).
17.56.050 Site plan review.
Site plan review and development permit shall be obtained before construction or development begins within the FM district established in CMC 17.56.020. The review shall be for all “structures” including manufactured homes and for all other “development” including fill and other activities, as set forth in the definitions (CMC 17.56.015). Site plan review shall be in accordance with Chapter 17.92 CMC and shall include information necessary to gauge the effect of the proposed development on floodplain management, determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required, and determine if the proposed development is located in the floodway. (Ord. 1594 NS § 3, 2017; Ord. 1160 NS § 1, 1997).
17.56.060 Use of other base flood data (in A and V zones).
When base flood elevation data has not been provided (in A or V zones) in accordance with CMC 17.56.020, Establishment of boundaries, the administrative official 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 CMC 17.56.100, Specific standards, and CMC 17.56.130, Floodways. (Ord. 1594 NS § 3, 2017).
17.56.070 Information to be obtained and maintained.
A. Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in CMC 17.56.060, obtain 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.
B. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in CMC 17.56.060:
1. Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed.
2. Maintain the floodproofing certifications required in CMC 17.92.020(C)(5).
C. Maintain for public inspection all records pertaining to the provisions of this chapter. (Ord. 1594 NS § 3, 2017).
17.56.080 Alteration of watercourses.
A. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
B. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (Ord. 1594 NS § 3, 2017).
17.56.090 General standards.
A. In all areas of special flood hazards, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
b. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement of the structure and shall be installed using methods and practices that minimize flood damage. Anchoring methods include, but are not limited to, use of over-the-top or frame ties to ground anchors.
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. Water wells shall be located on high ground that is not in the floodway.
c. 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.
d. 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 or eliminate flood damage.
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
d. When base flood elevation has not been provided or is not available from another authoritative source it shall be generated at the expense of the property owner by a professional engineer or hydrologist qualified to do so.
5. Review of Building Permits. Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (CMC 17.56.060), 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 the highest adjacent grade in these zones may result in higher insurance rates. (Ord. 1594 NS § 3, 2017; Ord. 1160 NS § 1, 1997. Formerly 17.56.060).
17.56.100 Specific standards.
In all areas of special flood hazards where the base flood elevation has been provided as set forth in CMC 17.56.020, Establishment of boundaries, or CMC 17.56.060, Use of other base flood data, the following standards are required:
A. Residential Construction.
1. New construction and substantial improvement of a residential structure shall have the lowest floor, including basement, elevated to a level equal to or greater than two feet above base flood elevation.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed for the entry and exit of flood waters. Designs for meeting this requirement shall be certified by a registered professional engineer or architect.
B. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential 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 one foot or more 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; and
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 CMC 17.56.070(B).
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section. (Ord. 1594 NS § 3, 2017; Ord. 1279 NS § 5, 2002; Ord. 1160 NS § 1, 1997. Formerly 17.56.070).
17.56.110 Manufactured homes.
All manufactured homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system in accordance with the provisions of CMC 17.56.090(A)(1). (Ord. 1594 NS § 3, 2017; Ord. 1279 NS § 6, 2002; Ord. 1160 NS § 1, 1997. Formerly 17.56.080).
17.56.120 Recreational vehicles (44 CFR 60.3(c)(14)).
Recreational vehicles placed on sites are required to either:
A. Be on the site for fewer than 180 consecutive days; or
B. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
C. Meet the requirements of CMC 17.56.110 and the elevation and anchoring requirements for manufactured homes. (Ord. 1594 NS § 3, 2017).
17.56.130 Floodways.
Located within areas of special flood hazard established in CMC 17.56.020 are areas designated as floodways. Floodways are extremely hazardous areas due to the velocity of flood waters which carry debris, potential projectiles, as well as due to 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 is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would 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 (a) before the repair or reconstruction is started, or (b) if the structure has been damaged, and is being restored, before the damage occurs. 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 assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent.
If subsection (A) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of CMC 17.56.090 through 17.56.120. (Ord. 1594 NS § 3, 2017; Ord. 1160 NS § 1, 1997. Formerly 17.56.090).
17.56.140 Conditions for variances.
A. A variance to the requirements in this chapter may be requested and shall be processed in accordance with Chapter 17.88 CMC.
B. 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, only in order to avoid denying all economic use of the property.
C. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, when it can be determined that such action will have low damage potential, complies with all other variance criteria and otherwise complies with other standards of this section.
D. Any applicant to whom a variance has been granted shall be given written notice that the variance is assumed by the applicant and/or occupant(s) of the resulting development, not the city of Colville. (Ord. 1594 NS § 3, 2017; Ord. 1160 NS § 1, 1997. Formerly 17.56.100).