Chapter 16.10 FLOOD DAMAGE PREVENTION

The Legislature of the State of Washington has in RCW 86.16.041 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the town council of the town of Skykomish does ordain as follows in this chapter. (Ord. 470 § 1, 2020)

16.10.020 Findings of fact.

(1) The flood hazard areas of the town of Skykomish are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(2) These flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. (Ord. 470 § 1, 2020)

16.10.030 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 to:

(1) Protect human life and health;

(2) Minimize expenditure of public money and costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) 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) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) Ensure that potential buyers are notified that property is in an area of special flood hazard;

(8) Ensure that those who occupy the area of special flood hazard assume responsibility for their actions; and

(9) Participate in and maintain eligibility for flood insurance and disaster relief. (Ord. 470 § 1, 2020)

16.10.040 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) To the extent possible, retaining the natural channel, shoreline, and floodplain creation processes and other natural floodplain functions that protect, create, and maintain habitat for threatened and endangered species;

(3) Preventing or minimizing loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels;

(4) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(5) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(6) Controlling filling, grading, dredging, and other development which may increase flood damage; and

(7) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or may increase flood hazards in other areas. (Ord. 470 § 1, 2020)

Article II. Definitions

16.10.050 Definitions generally.

Unless specifically defined in this article, 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. (Ord. 470 § 1, 2020)

16.10.060 Appeal.

“Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance. (Ord. 470 § 1, 2020)

16.10.070 Area of special flood hazard.

“Area of special flood hazard” means the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A or V. (Ord. 470 § 1, 2020)

16.10.080 Base flood.

“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.”

“Base flood elevation (BFE)” means the elevation to which flood water is anticipated to rise during the base flood. (Ord. 470 § 1, 2020)

16.10.090 Basement.

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

Building. See SMC 16.10.260, Structure. (Ord. 470 § 1, 2020)

16.10.095 Channel migration area.

“Channel migration area” means the area within the lateral extent of likely stream channel movement due to stream bank destabilization and erosion, rapid stream incision, aggradations, avulsions, and shifts in location of stream channels. Washington State Department of Ecology has determined that there is no channel migration area in the town of Skykomish. (Ord. 470 § 1, 2020)

16.10.100 Critical facility.

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste. (Ord. 470 § 1, 2020)

16.10.110 Development.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics. (Ord. 470 § 1, 2020)

16.10.120 Elevated building.

“Elevated building” means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. (Ord. 470 § 1, 2020)

16.10.130 Existing manufactured home park or subdivision.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. (Ord. 470 § 1, 2020)

16.10.140 Expansion to an existing manufactured home park or subdivision.

“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). (Ord. 470 § 1, 2020)

16.10.150 Flood or flooding.

“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 of runoff of surface waters from any source; and/or

(c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this section 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 section. (Ord. 470 § 1, 2020)

16.10.160 Flood insurance rate map (FIRM).

“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (Ord. 470 § 1, 2020)

16.10.170 Flood insurance study.

“Flood insurance 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 the flood elevation study.

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. See SMC 16.10.150, Flood or flooding.

“Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

“Floodplain management regulations” means 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. (Ord. 470 § 1, 2020)

16.10.180 Floodway.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

“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. (Ord. 470 § 1, 2020)

16.10.185 Impervious surface.

“Impervious surface” is a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. (Ord. 470 § 1, 2020)

16.10.190 Lowest floor.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found at SMC 16.10.500(2). (Ord. 470 § 1, 2020)

16.10.200 Manufactured home.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” (Ord. 470 § 1, 2020)

16.10.210 Manufactured home park or subdivision.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (Ord. 470 § 1, 2020)

16.10.220 New construction.

“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. (Ord. 470 § 1, 2020)

16.10.230 New manufactured home park or subdivision.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the adopted floodplain management regulations. (Ord. 470 § 1, 2020)

16.10.235 Protected area.

“Protected area” means those lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration area. (Ord. 470 § 1, 2020)

16.10.240 Recreational vehicle.

“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. (Ord. 470 § 1, 2020)

16.10.242 Regulatory floodplain.

“Regulatory floodplain” means the area of the special flood hazard area plus the protected area. (Ord. 470 § 1, 2020)

16.10.247 Riparian habitat zone.

“Riparian habitat zone” is the water body and adjacent land areas that are likely to support aquatic and riparian habitat. (Ord. 470 § 1, 2020)

16.10.250 Start of construction.

“Start of construction” includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or 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. (Ord. 470 § 1, 2020)

16.10.260 Structure.

“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. (Ord. 470 § 1, 2020)

16.10.270 Substantial damage.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. 470 § 1, 2020)

16.10.280 Substantial improvement.

“Substantial improvement” means any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 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, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; correct precited existing violations of state or local health, 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 historic structure; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.” (Ord. 470 § 1, 2020)

16.10.290 Variance.

“Variance” means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter.

“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 470 § 1, 2020)

16.10.300 Water dependent.

“Water dependent” means a structure for commerce or industry, which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 470 § 1, 2020)

Article III. General Provisions

16.10.310 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the town of Skykomish. (Ord. 470 § 1, 2020)

16.10.320 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled, “The Flood Insurance Study for King County, Washington, and Incorporated Areas,” dated August 19, 2020, or as amended, with accompanying flood insurance maps, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and flood insurance rate maps are on file at Skykomish Town Hall. (Ord. 470 § 1, 2020)

16.10.325 Riparian habitat zone specified.

The riparian habitat zone includes the watercourse and adjacent lands, 250 feet from ordinary high water on both sides of the water body, measured perpendicularly. (Ord. 470 § 1, 2020)

16.10.330 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. 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 conditions) 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 $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the town of Skykomish from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 470 § 1, 2020)

16.10.340 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 another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 470 § 1, 2020)

16.10.350 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 governing body; and

(3) Deemed neither to limit or repeal any other powers granted under state statutes. (Ord. 470 § 1, 2020)

16.10.360 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 town of Skykomish, 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 hereunder. (Ord. 470 § 1, 2020)

Article IV. Administration

16.10.370 Development permit required.

(1) A development permit shall be obtained before construction or development begins within any area of special flood hazard established in SMC 16.10.320. The permit shall be for all structures including manufactured homes, as set forth in Article II, Definitions, and for all development including fill and other activities, also as set forth in Article II, Definitions.

(2) Nondevelopment Activities. Activities that do not meet the definition of “development” are allowed in the regulatory floodplain 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”:

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

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

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

(d) Normal maintenance of aboveground utilities and facilities, such as replacing downed power lines and utility poles;

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

(f) Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility is allowed in the regulatory floodplain without need for a floodplain development permit. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition for protection on the face or toe with rock armor; and

(g) Plowing and other normal farm practices (other than structures or filling) on farms in the regulatory floodplain and in existence as of the effective date of the ordinance codified in this chapter do not require a floodplain development permit. Clearing additional land for agriculture after the effective date of the ordinance codified in this chapter will require a floodplain development permit.

(3) Activities Allowed with a Floodplain Permit. The following activities are allowed in the regulatory floodplain without the habitat impact assessment required under SMC 16.10.382, providing all other requirements of this chapter are met, including obtaining a floodplain development permit:

(a) Repairs or remodeling of an existing structure; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage.

(b) Expansion of an existing structure that is no greater than 10 percent beyond its existing footprint; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage. This measurement is counted cumulatively from the effective date of the ordinance codified in this chapter. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow.

(c) Activities with the sole purpose of creating, restoring or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, provided the activities do not include buildings, liquid or gas storage tanks, or impervious surfaces.

(d) Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not include structures, fill, impervious surfaces or removal of more than five percent of the native vegetation on that portion of the property in the regulatory floodplain.

(e) Repair to on-site septic systems provided the ground disturbance is the minimal necessary. (Ord. 470 § 1, 2020)

16.10.380 Application for development permit.

Application for a development permit shall be made on forms furnished by the town of Skykomish 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) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;

(2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in SMC 16.10.510;

(4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;

(5) Elevations of the 10-, 50-, 100-, and 500-year floods, as found in the flood profiles of the flood insurance studies for the town of Skykomish, Panels 245P and 246P; and

(6) The riparian habitat zone shall be delineated on the site plan for all development proposals within 300 feet of any stream or shoreline. (Ord. 470 § 1, 2020)

16.10.382 Habitat impact assessment.

Unless allowed under SMC 16.10.370(2) and (3), a permit application to develop in the regulatory floodplain shall include an assessment of the impact of the project on federal, state or locally protected species and habitat, water quality and aquatic and riparian habitat. The assessment shall be:

(1) A biological evaluation or biological assessment developed per 50 CFR 402.12 to initiate federal interagency consultation under Endangered Species Act Section 7(a)(2); or

(2) Documentation that the activity fits within Section 4(d) of the Endangered Species Act; or

(3) Documentation that the activity fits within a habitat conservation plan approved pursuant to Section 10 of the Endangered Species Act, where any such assessment has been prepared or is otherwise made available; or

(4) An assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010. The assessment shall determine if the project would adversely affect:

(a) Species that are federally, state or locally listed as threatened or endangered.

(b) The primary constituent elements for critical habitat, when designated.

(d) Fish and wildlife habitat conservation areas.

(e) Other protected areas and elements necessary for species conservation. (Ord. 470 § 1, 2020)

16.10.387 Habitat mitigation plan.

(1) If the assessment conducted under SMC 16.10.382 concludes the project is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts, in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2010.

(a) If the project is located outside the protected area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures as are appropriate for the situation.

(b) No new stream crossings are allowed outside the protected area.

(c) If the project is located in the protected area, the mitigation plan shall stipulate avoidance measures as are needed to ensure that there is no adverse effect during any phase of the project.

(2) The plan’s habitat mitigation activities shall be incorporated into the proposed project. The floodplain development permit shall be based on the redesigned project and its mitigation components.

(3) The floodplain administrator shall not issue a certification of use or a certificate of occupancy until all work identified in the biological evaluation, biological assessment, or mitigation plan has been completed or the applicant has provided the necessary assurance that unfinished portions of the project will be completed. (Ord. 470 § 1, 2020)

16.10.390 Designation of the local administrator.

The building inspector is hereby appointed to administer and enforce this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 470 § 1, 2020)

16.10.400 Duties and responsibilities of the building inspector.

Duties of the building inspector shall include, but not be limited to:

(1) Permit Review.

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

(b) Review 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.

(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of SMC 16.10.550(1) are met.

(2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with SMC 16.10.320, Basis for establishing the areas of special flood hazard, the local 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 SMC 16.10.490, Specific standards, and 16.10.550, Floodways.

(3) Information to Be Obtained and Maintained.

(a) Where base flood elevation data is provided through the flood insurance study or required as in subsection (2) of this section, obtain and maintain the actual 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 structures:

(i) Obtain and maintain the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and

(ii) Maintain the floodproofing certifications required in SMC 16.10.380(3).

(d) Submit reports as required for the National Flood Insurance Program.

(4) 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) Assure that maintenance of the flood-carrying capacity of the altered or relocated watercourse is maintained.

(5) Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in SMC 16.10.410. (Ord. 470 § 1, 2020)

16.10.410 Appeal board.

(1) The variance administrator as established by the town council shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2) The variance administrator shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the town of Skykomish in the enforcement or administration of this chapter.

(3) Those aggrieved by the decision of the variance administrator, or any person with standing, may appeal such decision to the town council, as provided in SMC Title 18.

(4) In passing upon such applications, the variance administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

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

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

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

(d) The importance of the services provided by the proposed facility to the community;

(e) The necessity to the facility of a 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 floodplain 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 the 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.

(5) Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter, the variance administrator may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6) The town of Skykomish shall maintain the records of all appeal actions, including justification for its issuance, and report any variances to the Federal Insurance Administration upon request. (Ord. 470 § 1, 2020)

16.10.420 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, providing SMC 16.10.410(4)(a) through (k) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

(2) Variances may be issued for the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant;

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in SMC 16.10.410(4), or conflict with existing local laws or ordinances.

(6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property, they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (1) of this section, and otherwise complies with SMC 16.10.440 and 16.10.450.

(8) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and that such construction below the base flood elevation increases risks to life and property. (Ord. 470 § 1, 2020)

16.10.425 Severability.

If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter. (Ord. 470 § 1, 2020)

Article V. Provisions for Flood Hazard Reduction

16.10.430 General standards.

In all areas of special flood hazards, the standards in SMC 16.10.440 through 16.10.480 are required. (Ord. 470 § 1, 2020)

16.10.440 Anchoring.

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

(2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques). (Ord. 470 § 1, 2020)

16.10.450 Construction materials and methods.

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

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

(3) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 470 § 1, 2020)

16.10.460 Utilities.

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

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. A habitat impact assessment shall be conducted in accordance with SMC 16.10.382 as a condition of approval of an on-site waste disposal system to be located in the regulatory floodplain. (Ord. 470 § 1, 2020)

16.10.470 Development proposals.

This section applies to all subdivision proposals, short subdivisions, short plats, planned developments, and new and expansions to manufactured housing parks.

(1) All development proposals shall be consistent with the need to minimize flood damage;

(2) All development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3) All development proposals shall have adequate drainage provided to reduce exposure to flood damage;

(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for development proposals greater than 50 lots or five acres (whichever is the lesser);

(5) The proposed subdivision should have one or more new lots in the regulatory floodplain set aside for open space use through deed restriction, easement, subdivision covenant, or donation to a public agency. The density of the development in the portion of the development outside the regulatory floodplain may be increased to compensate for the amount of land in the regulatory floodplain preserved as open space in accordance with Skykomish development regulations; and

(6) The final recorded subdivision plat shall include a notice that part of the property is in the SFHA, riparian habitat zone and/or channel migration area, as appropriate. (Ord. 470 § 1, 2020)

16.10.480 Review of building permits.

Where elevation data is not available either through the flood insurance study or from another authoritative source (SMC 16.10.400(2)), 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. (Ord. 470 § 1, 2020)

16.10.482 Shoreline modifications.

(1) The proposed project must be designed and located so that new structural flood protection is not needed.

(2) Bank stabilization measures must be minimized to the maximum extent possible. If bank stabilization measures are necessary, bioengineered armoring of streambanks must be used per the Integrated Streambank Protection Guidelines 2003. (Ord. 470 § 1, 2020)

16.10.487 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 regulatory floodplain. 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, reuse of existing facilities and structures, or functionally dependent facilities or structures. If the proposed project cannot meet these requirements, then a habitat impact assessment must be conducted in accordance with SMC 16.10.382. (Ord. 470 § 1, 2020)

16.10.490 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in SMC 16.10.320 or 16.10.400(2), the provisions set forth in SMC 16.10.500 through 16.10.540 are required. (Ord. 470 § 1, 2020)

16.10.500 Residential construction.

(1) New construction and substantial improvement of any residential structure shall have the lowest floors, including basement, elevated to one foot or more above base flood elevation.

(2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if used solely for parking, access or storage 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:

(a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

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

(c) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters. (Ord. 470 § 1, 2020)

16.10.510 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 above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(1) Be floodproofed so that below one foot 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;

(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 section 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 SMC 16.10.400(3)(b);

(4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in SMC 16.10.500(2);

(5) 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 the base flood level will be rated as one foot below). (Ord. 470 § 1, 2020)

16.10.520 Manufactured homes.

(1) All manufactured homes to be placed or substantially improved within zones AH and AE on the community’s FIRM on sites:

(a) Outside of a manufactured home park or subdivision;

(b) In a new manufactured home park or subdivision;

(d) In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood;

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.

(2) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones AH and AE on the community’s FIRM that are not subject to the above manufactured home provisions shall be elevated so that either:

(a) The lowest floor of the manufactured home is elevated one foot above the base flood elevation; or

(b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and is securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. (Ord. 470 § 1, 2020)

16.10.530 Recreational vehicles.

Recreational vehicles placed on sites within zones AH and AE on the community’s FIRM shall either:

(1) Be on the site for fewer than 180 consecutive days;

(2) Be fully licensed and ready for highway use, on its wheels or jacking system, be 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 SMC 16.10.520 and the elevation and anchoring requirements for manufactured homes. (Ord. 470 § 1, 2020)

16.10.540 Development activities.

(1) Encroachments, fill, and other development activities are prohibited unless certification is provided by a registered professional engineer that the proposed activity shall not result in any increase in flood levels on neighboring properties during the 100-year flood.

(2) The following circumstances are presumed to produce no increase in flood levels during the occurrence of the 100-year flood and shall not require special studies to establish this fact:

(a) New construction of residential structures outside the FEMA floodway; provided, that the total building footprint of all proposed buildings on the lot is less than 2,000 square feet, and that this construction conforms to SMC 16.10.500.

(b) New construction of nonresidential structures outside the FEMA floodway; provided, that the total building footprint of all proposed buildings on the lot is less than 2,000 square feet, and that this construction conforms to SMC 16.10.510.

(c) Substantial improvement of existing residential or nonresidential structures outside the FEMA floodway where the footprint is not increased.

(d) New construction of residential or commercial structures using post and pile construction techniques that allow for flood waters to move under the building.

(e) Grading for driveways or landscaping where the net increase of fill for all grading proposals on the lot is less than 500 cubic yards. (Ord. 470 § 1, 2020)

16.10.545 Site design.

(1) Structures and other development shall be located to avoid flood damage.

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

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

(c) If a lot does not have a buildable site out of the regulatory floodplain, all new structures, pavement, and other development must be sited in the location that has the least impact on habitat by locating the structures as far from the water body as possible or placing the structures on the highest land on the lot.

(d) A minimum setback of 15 feet from the protected area shall be required for all structures.

(e) If the proposed project does not meet the criteria of this section, a habitat impact assessment shall be conducted pursuant to SMC 16.10.382 and, if necessary, a habitat mitigation plan shall be prepared and implemented pursuant to SMC 16.10.387.

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

(a) Stormwater and drainage features shall incorporate low impact development techniques, if technically feasible, that mimic predevelopment hydrologic conditions, such as stormwater infiltration, rain gardens, grass swales, filter strips, disconnected impervious areas, permeable pavement, and vegetative roof systems.

(b) If the proposed project will create new impervious surfaces so that more than 10 percent of the portion of the lot in the regulatory floodplain is covered by impervious surface, the applicant shall demonstrate that there will be no net increase in the rate and volume of the stormwater surface runoff that leaves the site or that the adverse impact is mitigated, as provided by SMC 16.10.387. (Ord. 470 § 1, 2020)

16.10.550 Floodways.

Located within areas of special flood hazard established in SMC 16.10.320 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) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect has demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment shall 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 50 percent of the market value of the structure either (i) before the repair or reconstruction 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 50 percent.

(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article. (Ord. 470 § 1, 2020)

16.10.552 Native vegetation.

The site plan required in Article IV shall show existing native vegetation.

(1) In the riparian habitat zone, native vegetation shall be left undisturbed, except as provided in SMC 16.10.370(2) and (3)(c).

(2) Outside the riparian habitat zone, removal of native vegetation shall not exceed 35 percent of the surface area of the portion of the site in the regulatory floodplain. Native vegetation in the riparian habitat zone portion of the property can be counted toward this requirement.

(3) If the proposed project does not meet the criteria of subsections (1) and (2) of this section, a habitat impact assessment shall be conducted pursuant to SMC 16.10.382 and, if necessary, a habitat mitigation plan shall be prepared and implemented pursuant to SMC 16.10.387. (Ord. 470 § 1, 2020)

16.10.557 Compensatory storage.

New development shall not reduce the effective flood storage volume of the regulatory floodplain. A development proposal shall provide compensatory storage if grading or other activity 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 10-year, 50-year and 100-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.

(4) The newly created storage area shall be graded and vegetated to allow fish access during flood events without creating fish stranding sites. (Ord. 470 § 1, 2020)

16.10.560 Encroachments.

In areas of special flood hazard with base flood elevations but without a designated floodway, the cumulative effect of any proposed development, where combined with other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (Ord. 470 § 1, 2020)

16.10.570 Critical facility.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or more above the level of the base flood elevation (100-year) 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 elevation shall be provided to all critical facilities to the extent possible. (Ord. 470 § 1, 2020)