Chapter 17.40 Flood Damage Prevention

(e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in the floodplain;

(f) Maintain a stable tax base by providing for the sound use of flood-prone areas so as to minimize future flood blight areas;

(g) Encourage those who occupy areas subject to flooding to assume responsibility for their actions; and

(h) Qualify the city of Montesano for participation in the National Flood Insurance Program, thereby giving citizens and businesses the opportunity to purchase flood insurance. (Ord. 1631 §1, 2020; Ord. 1602 §1.1, 2017).

17.40.015 Compliance.

All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. (Ord. 1631 §1, 2020; Ord. 1602 §1.1, 2017).

17.40.020 Penalties for noncompliance.

(a) No development shall be undertaken or placed in the areas regulated by this chapter without full compliance with the terms of this chapter and other applicable regulations of the city of Montesano.

(b) Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with the provisions), shall constitute a misdemeanor. Any person who violates this chapter, or fails to comply with any of its requirements, shall upon conviction thereof be fined not more than one thousand dollars for each violation, and in addition shall pay all costs and expenses involved in the case.

(c) Nothing herein contained shall prevent the city of Montesano from taking such other lawful action as is necessary to prevent or remedy any violation. Each violation or each day of continued unlawful activity shall constitute a separate violation. (Ord. 1631 §1, 2020; Ord. 1602 §1.2, 2017).

17.40.030 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 of Montesano; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1631 §1, 2020; Ord. 1602 §1.3, 2017).

17.40.040 Abrogation and greater restriction.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter and another code, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1631 §1, 2020; Ord. 1602 §1.4, 2017).

17.40.050 Warning and disclaimer of liability.

The degree of property 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 occasion. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the regulated areas, or development permitted within such areas, will be free from flood damage. This chapter shall not create liability on the part of the city of Montesano or any officer or employee thereof for any damage to property or habitat that results from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 1631 §1, 2020; Ord. 1602 §1.5, 2017).

17.40.060 Severability.

The provisions and sections of this chapter shall be deemed separable and the invalidity of any portion of this chapter shall not affect the validity of the remainder. (Ord. 1631 §1, 2020; Ord. 1602 §1.6, 2017).

Article II. Definitions

17.40.070 Definitions.

Unless specifically defined below, terms 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.

"Alteration of watercourse" means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.

"Appeal" means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

"Area of shallow flooding" means a designated zone AO, AH, AR/AO or AR/AH on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.

"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR. "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."

"ASCE 24" means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

"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").

"Base flood elevation (BFE)" means the elevation to which floodwater is anticipated to rise during the base flood.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

Building. See "Structure."

"Building code" means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council.

"Critical facility" means a facility for which even a slight chance of flooding might be too great, especially those necessary to protect the public health, safety and welfare during a flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency operations installations, water and wastewater treatment plants, electric power stations, and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances intended for household use).

"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.

"Elevated building" means a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. A building on a slab on grade foundation is not considered an elevated building.

"Elevation certificate" means the official form (FEMA Form 81-31) used to provide elevation information necessary to ensure compliance with provisions of this chapter and determine the proper flood insurance premium rate.

"Essential facility" has the same meaning as "essential facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.

"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 grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community.

"Expansion to an existing manufactured home park or subdivision" means the 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 either final site grading or the pouring of concrete pads).

"Flood" or "flooding" means:

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(A) The overflow of inland or tidal waters.

(B) The unusual and rapid accumulation or runoff of surface waters from any source.

(C) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(B) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(A) of this definition.

"Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood insurance study (FIS).

"Flood insurance rate map (FIRM)" means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes the flood insurance rate map, floodway data, and base flood elevations.

"Floodplain management regulations" means the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.

"Floodway" means the channel of a stream 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 a designated height. Also referred to as "regulatory floodway."

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(A) By an approved state program as determined by the Secretary of the Interior, or

(B) Directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement or crawlspace). 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 structure’s lowest floor; provided, that such enclosure is compliant with Section 17.40.240(f).

"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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"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.

"Mean sea level" means for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s flood insurance rate map are referenced.

"New construction" means for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

"Reasonably safe from flooding" means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, reasonably safe from flooding means that the lowest floor is at least two feet above the highest adjacent grade.

"Recreational vehicle" means a vehicle:

(1) Built on a single chassis; and

(2) Four hundred square feet or less when measured at the largest horizontal projection; and

(3) Designed to be self-propelled or permanently towable by an automobile or light duty truck; and

(4) Designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use, not as a permanent dwelling.

"Start of construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. 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 foundations 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 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, as well as a manufactured home.

"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 fifty percent of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any repair, reconstruction, rehabilitation, addition, replacement, or other improvement of a structure the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed.

The term does not include:

(1) 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

(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designation as an historic structure.

"Variance" means a grant of relief by a community from the terms of a floodplain management regulation. (Ord. 1631 §1, 2020; Ord. 1602 §2, 2017).

Article III. Regulatory Data

17.40.080 Special flood hazard area.

(a) This chapter applies to the special flood hazard area (SFHA) within the jurisdiction of the city of Montesano. The SFHA is defined as the largest of the following areas:

(1) The special flood hazard area identified by the Federal Insurance Administrator in the scientific and engineering report entitled "Flood Insurance Study (FIS) for Grays Harbor County, Washington, and Incorporated Areas" dated September 18, 2020, and any revisions thereto, with an accompanying flood insurance rate map (FIRM) dated September 18, 2020, and any revisions thereto. The flood insurance study and the FIRM are on file at the office of the floodplain administrator located at City Hall, 112 N. Main Street. The best available information for flood hazard area identification as outlined in Section 17.40.090 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 17.40.090.

(2) Lands shown as subject to the one-hundred-year flood on the "Chehalis River Basin Inundation Map Series--100-Year Flood," prepared by Watershed Science and Engineering, November 25, 2015.

(3) Lands that are not included in subsections (a)(1) or (2) of this section that are flooded by the Chehalis River or its tributaries after the passage of the ordinance codified in this chapter.

(b) The floodplain administrator shall compare the elevation of the site to the base flood elevation and make interpretations where needed as to the exact location of the boundaries of the SFHA. The applicant may appeal the floodplain adminstrator’s interpretation of the location of the boundary to the hearings examiner.

(c) A development project is not subject to the requirements of this chapter if the floodplain administrator determines that the site is located on land that is outside the SFHA and higher than the base flood elevation.

(d) The floodplain administrator shall inform the applicant that a building on the site may still be subject to the flood insurance purchase requirements unless the owner obtains a letter of map amendment from FEMA. (Ord. 1631 §1, 2020; Ord. 1602 §3.1, 2017).

17.40.090 Base flood elevation.

(a) The floodplain administrator 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 this chapter.

(b) The base flood elevations for the SFHAs of the city of Montesano shall be the higher of the following:

(1) The "100-year Base Flood Elevations" delineated on the "Chehalis River Basin Inundation Map Series – 100-Year Flood," prepared by Watershed Science and Engineering, November 25, 2015; or

(2) The elevation at the site of the highest recorded flood of the Chehalis River or its tributaries after the passage of the ordinance codified in this chapter. (Ord. 1631 §1, 2020; Ord. 1602 §3.2, 2017).

Article IV. Administration

17.40.100 Floodplain administrator.

(a) The public works/community development director, appointed by the mayor, shall assume the duties of the floodplain administrator.

(b) Duties of the floodplain administrator shall include, but not be limited to:

(1) Review all floodplain development permits to determine that the permit requirements of this chapter have been satisfied.

(2) Review all floodplain 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.

(3) Review all floodplain development permits to determine if the proposed development is located in the SFHA.

(4) Ensure that all development activities within the SFHA meet the requirements of this chapter and are reasonably safe from flooding.

(A) Where elevation data is not available either through the FIS, FIRM, or from another authoritative source, applications for floodplain development 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 habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.)

(5) Inspect all development projects before, during and after construction to ensure compliance with all provisions of this chapter, including proper elevation of all structures.

(6) Notify FEMA when annexations occur in the SFHA.

(7) Maintain for public inspection all records pertaining to the provisions of this chapter. (Ord. 1631 §1, 2020; Ord. 1602 §4.1, 2017).

17.40.110 Floodplain development permit.

(a) A floodplain development permit shall be obtained before construction or development begins within the SFHA. The permit shall be for all development as set forth in Section 17.40.070, Definitions.

(b) Activities that do not meet the definition of "development" are allowed in the SFHA without the need for a floodplain development permit under this chapter, provided all other federal, state, and local requirements are met. The following are examples of activities not considered development or "manmade changes to improved or unimproved real estate":

(1) Routine maintenance of landscaping that does not involve grading, excavation, or filling;

(2) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation;

(3) Normal maintenance of structures, such as reroofing and replacing siding, provided such work does not qualify as a substantial improvement;

(4) Normal maintenance of above ground utilities and facilities, such as replacing downed power lines and utility poles;

(5) Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas;

(6) Plowing and other normal farm practices (other than structures or filling) on farms.

(c) If construction has not started, a floodplain development permit shall expire one hundred eighty days after the date of issuance. Where the applicant documents a need for an extension beyond this period due to conditions beyond the applicant’s control, the floodplain administrator may authorize one or more extensions. (Ord. 1631 §1, 2020; Ord. 1602 §4.2, 2017).

17.40.120 Floodplain development permit application.

Applications for a floodplain development permit shall be made on forms furnished by the floodplain administrator and shall include, but are not limited to:

(1) One or more site plans, drawn to scale, showing:

(A) The nature, location, dimensions, and elevations of the property in question;

(B) Names and locations of all lakes, water bodies, waterways and drainage facilities within three hundred feet of the site;

(D) The boundaries of the SFHA, floodway, wetlands, shoreline buffer, critical areas, and fish and wildlife habitat conservation areas, as defined in this chapter and other ordinances of the city;

(E) The proposed drainage system including but not limited to storm sewers, overland flow paths, detention facilities and roads; and

(F) Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials.

(2) If the proposed project involves grading, excavation, or filling, the site plan shall include proposed post-development terrain at one-foot contour intervals.

(3) If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged structure, the application shall include the base flood elevation for the building site and the proposed elevations of the following, in relation to mean sea level:

(A) The top of bottom floor (including basement, crawlspace, or enclosure floor);

(B) The top of the next higher floor;

(D) The lowest elevation of machinery or equipment servicing the structure;

(E) The lowest adjacent (finished) grade next to structure;

(F) The highest adjacent (finished) grade next to structure; and

(G) The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support.

(4) If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged nonresidential structure that will be dry floodproofed, the application shall include the base flood elevation for the building site, the elevation to which the structure will be dry floodproofed, and a certification by a registered professional engineer or licensed architect that the dry floodproofing methods meet the floodproofing criteria in Section 17.40.250(b).

(5) The applicant for a project to develop in the SFHA shall provide the certification, map, and notarized statements required in Section 17.40.160(a).

(6) The application shall include a description of the extent to which a stream, lake, or other water body, including its shoreline, will be altered or relocated as a result of the proposed development.

(7) The application shall include documentation that the applicant will apply for all necessary permits required by federal, state, or local law. The application shall include written acknowledgment that the applicant understands that the final certification of use or certificate of occupancy will be issued only if the applicant provides copies of the required federal, state, and local permits or letters stating that a permit is not required. A floodplain development permit is not valid if those other permits and approvals are not obtained prior to any ground-disturbing work or structural improvements.

(8) The application shall include acknowledgment by the applicant that the floodplain administrator is authorized to enter upon the property to inspect the development.

(9) Any other information that may be reasonably required in order to review the application. (Ord. 1631 §1, 2020; Ord. 1602 §4.3, 2017).

17.40.130 Information to be obtained and maintained.

(a) The floodplain administrator shall maintain copies of all development permit applications, variances (including justification for their issuance), permits, inspection records, improvement and damage calculations, and correspondence with applicants for a floodplain development permit. All records shall be made available for public inspection.

(b) The floodplain administrator shall obtain, record, and maintain the certification referenced in Section 17.40.120(4).

(c) The floodplain administrator shall obtain, record, and maintain the actual "finished construction" elevations (in relation to mean sea level) of the lowest floor (including basements) for all new construction and substantial improvements in the SFHA. This information shall be recorded on a current FEMA elevation certificate (FEMA Form 81-31), signed and sealed by a professional land surveyor currently licensed in the state of Washington.

(d) For all new or substantially improved dry floodproofed nonresidential structures, the floodplain administrator shall obtain, record and maintain the elevation (in relation to mean sea level) to which the structure was floodproofed. This information shall be recorded on a current FEMA floodproofing certificate (FEMA Form 81-65) by a professional engineer currently licensed in the state of Washington. (Ord. 1631 §1, 2020; Ord. 1602 §4.4, 2017).

17.40.140 Certificate of occupancy.

(a) A certification of use for the property or a certificate of occupancy for a new or substantially improved structure or an addition shall not be issued until:

(1) The permit applicant provides a properly completed, signed and sealed elevation and/or floodproofing certificate showing finished construction data.

(2) The permit applicant provides copies of all required federal, state, and local permits noted in the permit application per Section 17.40.120(7).

(3) All other provisions of this chapter have been met.

(b) The floodplain administrator may accept a performance bond or other security that will ensure that unfinished portions of the project will be completed after the certification of use or certificate of occupancy has been issued. (Ord. 1631 §1, 2020; Ord. 1602 §4.5, 2017).

17.40.150 Variance criteria.

(a) In reviewing applications for a variance, the hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(1) The danger to life and property due to flooding or erosion damage;

(2) The danger that materials may be swept onto other lands to the injury of others;

(3) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(4) 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;

(5) The susceptibility of the proposed facility and its contents to flood or erosion damage and the effect of such damage on the individual owner;

(6) The availability of alternative locations for the proposed use which are not subject to flooding;

(7) The relationship of the proposed use to the comprehensive plan, growth management regulations, critical area regulations, the shoreline management program, and floodplain management program for that area;

(8) 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;

(9) The potential of the proposed development project to adversely affect federal, state or locally protected species or habitat; and

(10) Is the minimum necessary to grant relief.

(b) No variance shall be granted to the requirements of this chapter unless the applicant demonstrates that:

(1) The development project cannot be located outside the SFHA;

(2) An exceptional hardship would result if the variance were not granted;

(3) The relief requested is the minimum necessary;

(4) The applicant’s circumstances are unique and do not represent a problem faced by other area properties;

(5) If the project is within a designated floodway, no increase in flood levels during the base flood discharge would result;

(6) The project will not adversely affect features or quality of habitat supporting local, state or federally protected fish or wildlife;

(7) There will be no additional threat to public health, safety, beneficial stream or water uses and functions, or creation of a nuisance;

(8) There will be no additional public expense for flood protection, lost environmental functions, rescue or relief operations, policing, or repairs to streambeds, shorelines, banks, roads, utilities, or other public facilities; and

(9) All requirements of other permitting agencies will still be met.

(c) Variances requested in connection with restoration of a historic site, building, or structure may be granted using criteria more permissive than the above requirements, provided:

(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the site, building, or structure; and

(2) The repair or rehabilitation will not result in the site, building, or structure losing its historic designation.

(d) Variances to the provisions of Article VI of this chapter may be issued for a structure on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing the other variance criteria are met. The applicant for such a variance shall be notified, in writing, that the structure (1) will be subject to increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage and (2) such construction increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

(e) Variances pertain to a physical piece of property. They are not personal in nature and are not based on the inhabitants or their health, economic, or financial circumstances. (Ord. 1631 §1, 2020; Ord. 1602 §4.6, 2017).

Article V. General Development Standards

17.40.160 Floodplain obstructions.

(a) Except as provided below, no new construction, substantial improvement, or other development (including fill) shall be permitted unless the permit applicant provides:

(1) A certification by a registered professional engineer that the cumulative effect of the proposed development will not increase the water surface elevation of the base flood more than one foot at any point. The certification shall be done in accordance with standard engineering practices, using hydraulic and hydrologic analyses. The hydraulic analysis must incorporate the equal degree of encroachment approach that accounts for similar development that could be anticipated in the future.

(2) A map that shows the area impacted by any increase in the level of the base flood caused by the development.

(3) Notarized statements from the owners of the impacted properties (other than the permit applicant) that they have no objections to the increase in flood heights on their properties.

(b) The provisions of subsection (a) of this section do not apply to the following:

(1) Projects that do not require a development permit as listed in Section 17.40.110(b); or

(2) Improvements or repairs to an existing structure that do not change the structure’s external dimensions.

(c) No filling or grading shall reduce the effective flood storage volume of the SFHA. A development proposal shall provide compensatory storage if filling or grading eliminates any effective flood storage volume. Compensatory storage shall:

(1) Provide equivalent volume at equivalent elevations to that being displaced. For this purpose, "equivalent elevation" means having similar relationship to ordinary high water and to the best available ten-year, fifty-year and one-hundred-year water surface profiles;

(2) Be hydraulically connected to the source of flooding; and

(3) Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs and before the flood season begins.

(d) All newly created compensatory storage areas shall be graded and vegetated to allow fish access during flood events without creating fish stranding sites. (Ord. 1631 §1, 2020; Ord. 1602 §5.1, 2017).

17.40.170 Alteration of watercourses.

(a) In addition to the other requirements in this section, an applicant for a project that will alter or relocate a watercourse shall also submit a request for a conditional letter of map revision (CLOMR) within six months of the date the information is made available, where required by FEMA. The project will not be approved unless FEMA issues the CLOMR and the provisions of the letter are made part of the permit requirements.

(b) The floodplain administrator shall notify adjacent communities and the Washington Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator.

(c) Maintenance shall be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. If the maintenance program does not call for cutting of vegetation, the system shall be oversized at the time of construction to compensate for said vegetation growth or any other natural factor that may need future maintenance. (Ord. 1631 §1, 2020; Ord. 1602 §5.2, 2017).

17.40.180 Site design.

(a) If a lot has a buildable site out of the SFHA, all new structures shall be located in that area, when possible.

(b) If a lot does not have a buildable site out of the SFHA, all new structures, pavement, and other development must be sited as far from the water body as possible or on the highest land on the lot.

(c) All new development shall be designed and located to minimize the impact on flood flows, flood storage, water quality, and habitat.

(d) The site plan required in Section 17.40.120(1) shall account for surface drainage to ensure that existing and new buildings on the site will be protected from stormwater runoff and the project will not divert or increase surface water runoff onto neighboring properties. (Ord. 1631 §1, 2020; Ord. 1602 §5.3, 2017).

17.40.190 Critical facilities.

(a) Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA.

(b) Construction of new critical facilities in the SFHA shall be permissible if no feasible alternative site is available, provided:

(1) Critical facilities shall have the lowest floor elevated to or above the base flood elevation plus three feet or to the height of the five-hundred-year flood, whichever is higher.

(2) If there is no available data on the five-hundred-year flood, the permit applicant shall develop the needed data in accordance with FEMA mapping guidelines.

(3) Access to and from the critical facility shall be protected to the elevation of the five-hundred-year flood. (Ord. 1631 §1, 2020; Ord. 1602 §5.4, 2017).

17.40.200 Hazardous materials.

No new development shall create a threat to public health, public safety, or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other materials that are hazardous, toxic, or a threat to water quality are prohibited from the SFHA. This prohibition does not apply to small quantities of these materials kept for normal household use. This prohibition does not apply to the continued operations of existing facilities and structures or reuse of existing facilities and structures. (Ord. 1631 §1, 2020; Ord. 1602 §5.5, 2017).

17.40.210 Utilities.

(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

(b) Water wells shall be located outside the floodway and shall be protected to the base flood elevation plus three feet.

(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges 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. (Ord. 1631 §1, 2020; Ord. 1602 §5.6, 2017).

17.40.220 Subdivisions.

(a) This section applies to all subdivision proposals, short subdivisions, short plats, planned developments, and new and expansions to manufactured housing parks that are wholly or in part located in the SFHA.

(b) All proposals shall be consistent with the need to minimize flood damage.

(c) All new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than fifty lots or five acres, whichever is the lesser, shall include within such proposals base flood elevation data.

(d) All subdivisions of land that is both in and outside the area of special flood hazard shall have all parcels platted with buildable sites on higher ground outside the area of special flood hazard. This provision does not apply to lots set aside from development and preserved as open space.

(e) All proposals shall have utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize or eliminate flood damage.

(f) All proposals shall ensure that all subdivisions have at least one access road connected to land outside the SFHA with the surface of the road at or above the base flood elevation wherever possible.

(g) All proposals shall have adequate drainage provided to avoid exposure to water damage.

(h) The final recorded subdivision plat shall include a notice that part of the property is in the SFHA. (Ord. 1631 §1, 2020; Ord. 1602 §5.7, 2017).

Article VI. Standards for Protection of Structures

17.40.230 Applicability.

(a) The protection requirements of this article apply to all new structures and substantial improvements in the SFHA, which include:

(1) Construction or placement of a new structure;

(2) Reconstruction, rehabilitation, or other improvement that will result in a substantially improved building;

(3) Repairs to an existing building that has been substantially damaged;

(4) Placing a manufactured home on a site; and

(5) Placing a recreational vehicle or travel trailer on a site for more than one hundred eighty days.

(b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(c) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(d) All new construction and substantial improvements, including those related to manufactured homes, shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.

(e) 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. (Ord. 1631 §1, 2020; Ord. 1602 §6.1, 2017).

17.40.240 Residential structures.

(a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the base flood elevation plus three feet.

(b) The structure shall be aligned parallel with the direction of flood flows where practicable.

(d) All materials below the base flood elevation plus three feet shall be resistant to flood damage and firmly anchored to prevent flotation. Materials harmful to aquatic wildlife, such as creosote, are prohibited below the base flood elevation plus three feet.

(e) Electrical, heating, ventilation, duct work, plumbing, and air conditioning equipment and other service facilities shall be elevated above the base flood elevation plus three feet. Water, sewage, electrical, and other utility lines below the base flood elevation plus three feet shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding.

(f) Fully enclosed areas below the lowest floor that are subject to flooding shall be used only for parking, storage, or building access and 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 shall either be certified by a registered professional engineer or licensed architect and/or meet or exceed the following minimum criteria:

(1) 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.

(2) The bottom of all openings shall be no higher than one foot above grade.

(3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters.

(4) The interior grade of a crawlspace below the base flood elevation must not be more than two feet below the lowest adjacent exterior grade.

(5) The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet at any point.

(6) There must be an adequate drainage system that removes flood waters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity or mechanical means.

(7) The velocity of flood waters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

(g) Upon completion of the construction and before issuance of the certificate of occupancy, the permit applicant shall provide a current "finished construction" FEMA elevation certificate (FEMA Form 81-31), signed and sealed by a professional land surveyor currently licensed in the state of Washington.

(h) Upon completion of the construction of an elevated building and before issuance of the certificate of occupancy, the applicant shall provide a signed agreement that acknowledges that the conversion of the area below the lowest floor to a use or dimension contrary to the building’s originally approved design is prohibited.

(1) The nonconversion agreement shall authorize the floodplain administrator to conduct inspections of the enclosed area of the building upon reasonable notice.

(2) The applicant shall provide a copy that documents that the nonconversion agreement has been recorded in the appropriate county office in such a manner that it appears in the chain of title of the affected property.

(3) A copy of the recorded nonconversion agreement shall be presented as a condition of issuance of the final certificate of occupancy.

(4) The floodplain administrator may waive this requirement where the enclosed area is less than four feet in height, measured from the floor of the enclosure to the underside of the floor system above. (Ord. 1631 §1, 2020; Ord. 1602 §6.2, 2017).

17.40.250 Nonresidential construction.

(a) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall be elevated in accordance with Section 17.40.240. The lowest floor, including basement, shall be elevated above the BFE plus three feet, or elevated as required by ASCE 24, whichever is greater.

(b) As an alternative to elevation, a new or substantial improvement to a nonresidential structure and its attendant utility and sanitary facilities may be dry floodproofed to the base flood elevation plus three feet. A dry floodproofed building must meet the following:

(1) Below the base flood elevation plus three feet or to the elevation required by ASCE 24, whichever is greater, the structure is watertight with walls substantially impermeable to the passage of water.

(2) The structural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(3) The plans are certified by a registered professional engineer or licensed architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection (b) based on their development and/or review of the structural design, specifications and plans.

(4) Upon completion of the construction and before issuance of the certificate of occupancy, the permit applicant shall provide an "as-built" FEMA floodproofing certificate (FEMA Form 81-65) signed by a professional engineer currently licensed in the state of Washington. (Ord. 1631 §1, 2020; Ord. 1602 §6.3, 2017).

17.40.260 Manufactured homes.

All manufactured homes to be placed or substantially improved on any site in the SFHA shall be:

(1) Elevated on a permanent foundation in accordance with Section 17.40.240; and

(2) Securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to other applicable anchoring requirements for resisting wind forces. (Ord. 1631 §1, 2020; Ord. 1602 §6.4, 2017).

17.40.270 Recreational vehicles.

Recreational vehicles placed on sites shall:

(1) Be on the site for fewer than one hundred eighty consecutive days; or

(2) Be fully licensed and ready for highway use, on their 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 Section 17.40.260. (Ord. 1631 §1, 2020; Ord. 1602 §6.5, 2017).

17.40.280 Appurtenant structures.

(a) This section applies to accessory structures of five hundred square feet or less that are used only for parking or storage in relation to the principal structure on the property.

(b) An appurtenant structure may be exempt from the elevation requirement of Section 17.40.240(a), provided:

(1) It meets the requirements of Sections 17.40.240(b), (c), (d) and (e);

(2) The walls of the structure meet the requirements of Section 17.40.240(f); and

(3) The project meets all the other requirements of this chapter. (Ord. 1631 §1, 2020; Ord. 1602 §6.6, 2017).