Chapter 15.04
GENERAL PROVISIONS
Sections:
15.04.020 Methods – Provisions.
15.04.030 Area of application.
15.04.040 Special flood hazard area – Identification.
15.04.050 Compliance required.
15.04.060 Conflicting provisions.
15.04.080 Liability disclaimer.
15.04.010 Purpose.
It is the purpose of this title 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 and costly flood-control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and 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 hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazards so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ord. 80 (1980) § 1.3, 1980)
15.04.020 Methods – Provisions.
In order to accomplish its purposes, this title 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 floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Ord. 80 (1980) § 1.4, 1980)
15.04.030 Area of application.
This title shall apply to all areas of special flood hazards within the jurisdiction of Kitsap County.
(Ord. 80 (1980) § 3.1, 1980)
15.04.040 Special flood hazard area – Identification.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for Kitsap County and Incorporated Areas, dated November 4, 2010, and any revisions thereto, with accompanying Flood Insurance Maps, and any revisions thereto, is adopted by reference and declared to be a part of this title. The Flood Insurance Study is on file at the Department of Community Development, 614 Division, Port Orchard, Washington 98366. The best available information for flood hazard area identification as outlined in Section 15.16.040 shall be the basis for regulation until a new Flood Insurance Rate Map (FIRM) is issued which incorporates the data utilized under said Section 15.16.040.
(Ord. 544 (2017) § 1, 2017: Ord. 527 (2015) § 1, 2015: Ord. 310 (2003) § 1, 2003: Ord. 80 (1980) § 3.2, 1980)
15.04.050 Compliance required.
All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this title and other applicable regulations.
The violation of any provision of this chapter shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. Infractions shall be processed in accordance with the provisions of the Chapter 2.116; provided, however, that the maximum penalty and default amount for a Class I civil infraction under this chapter shall be five hundred dollars not including statutory assessments.
(Ord. 613 (2022) § 4, 2022; Ord. 310 (2003) § 2, 2003: Ord. 80 (1980) § 3.3, 1980)
15.04.060 Conflicting provisions.
This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 80 (1980) § 3.4, 1980)
15.04.070 Interpretation.
In the interpretation and application of this title, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 80 (1980) § 3.5, 1980)
15.04.080 Liability disclaimer.
The degree of flood protection required by this title 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 title 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. Neither this title, nor its administration, shall be construed to give rise to any liability on the part of Kitsap County, or any officer or employee thereof, for any flood damages that result from reliance on this title or any administrative decision lawfully made thereunder.
(Ord. 310 (2003) § 3, 2003: Ord. 80 (1980) § 3.6, 1980)
15.04.090 Severability.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 613 (2022) § 5, 2022)