HomeMy WebLinkAboutOrdinance No. 63-97 - PLN General - 6/17/1997 ' 1
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ORDINANCE NO. 63-97
IN THE MATTER OF:
Enacting an interim measure which will establish an amendment to
Ordinance No. 59-91, the Flood Damage Prevention Ordinance and
Ordinance No.40-97 which was adopted on April 22, 1997, per RCW
36..70A.390 .
WHEREAS on May 23, 1991 the Mason County Board of Commissioners
adopted the Flood Damage Prevention Ordinance Number 59 91; and
WHEREAS, Mason County was reinstated into the National Flood
Insurance Program upon adoption of Ordinance `No. 59-91; and
WHEREAS, the ordinance is to promote the public health, safety,
and gene
ral welfare, an
d to minimize public and private losses by
g hazard areas of Mason County; and
� regulating development i n flood
WHEREAS, specific areas in the .County of Mason are subject to
periodic flooding from streams and rivers resulting in serious
damages to properties within these areas; and
WHEREAS, in Ordinance No. 59-91 two sections were included as
required for approval by the Federal Emergency Management Agency ,
and Department of Ecology. These sections are:
Section 5 .3 states; located within areas of- special
flood hazard established in Section 3 .2 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, provisions were included that apply
except to that zone of special flood risk, Skokomish
River Valley as defined in Section 2 . 0 . The first
provision(three provisions were included) in Section
5 .3, points out that encroachments are prohibited
including fill, new construction, substantial
improvements, and other development unless
certification by a registered professional engineer or
architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during
the occurrence of the base flood discharge .
Page 2 :
Section 5 .4; this section applies to that area of the
Skokomish River Valley 'identified by the Federal
Emergency Management Agency and sets forth Interim
Regulations that shall apply to this area. These
interim regulations shall be replaced using a
comprehensive planning process which recognizes that
tole of diking in flood control management efforts.
Interim -shall be defined as that period of time between
the adoption of this ordinance and the adoption of a
Skokomish River Watershed Flood Control Comprehensive
Plan and subsequent amendments to these regulations
(nine provisions were included in this section) .
However, no requirement was included which provided for
a certification by a registered professional engineer
or architect wherein they would certify that
encroachments shall not result in any increase in flood
levels during the occurrence of. the base flood
discharge.
WHEREAS, Mason County has completed and adopted a Skokomish River
Comprehensive Flood Hazard Management Plan (Plan) and is
currently developing an ordinance which will 1.implement the
contents of said Plan; and
WHEREAS, in the proposed ordinance, any development in the
density floodway will -have to comply with all floodproofing and
j elevation requirements set forth for all development in the
floodplain. Fill, when used for elevation will need to comply
with the following standards; (1) the fill shall not exceed 3
percent of the land area of that portion of the lot located in
the density floodplain; (2) the maximum width (sum of widths) of
all fill shall not exceed 17 percent of the length of the line
drawn perpendicular to the known flood water flow direction at
the point where the fill is located; and
WHEREAS, the proposed ordinance is not expected to be approved
for approximately six months and. therefore is not implementable
at this time; and
WHEREAS, Mason County is currently receiving requests for the
placement of fill material for the elevation of structures; and
WHEREAS, Mason County has no current means of determining if the
placement of the fill will cause more than a 0 .5 foot rise in the
base flood elevation as set forth in the Plan; and
WHEREAS, the Board of County Commissioners, on April, 22, 1997
amended Ordinance No. 59-91 Sections 5 . 3 and 5 .4 to include the
following:
Page 3 :
* SECTION 5 .3 is amended to read: (1) -Encroachments
are prohibited including fill, new construction,
substantial improvements, and other development
unless certification by a registered professional
engineer or architect is provided demonstrating
that encroachments shall not result in any
appreciable increase in flood levels during the
occurrence of the base flood discharge.
SECTION 5 .4 is amended to add: (10) -Fill for the
*
elevation of structures shall be prohibited unless
certification by a registered professional
engineer or architect is provided demonstrating
that the fill shall not result in any. appreciable
increase in flood levels during the occurrence of
the base flood discharge.
WHEREAS, on June 17, 1997 the Board of County Commissioners held
a Public Hearing pertaining to Otdinance 40-'97 per RCW
36 .70A.390; and
WHEREAS, during the Public Hearing, Department of Community
Development staff recommended changes to Ordinance No. 40-97
which would eliminate the word appreciable from both Provision 1
of Section 5 .3 and Provision 10 of Section 5 .4 .
IT IS HEREBY ORDAINED:
The Mason County Board of Commissioners herein amend Ordinance
59-91 and Ordinance 40-97 as follows : (the remainder of Ordinance
59-91 remains in full effect) :
1 . Provision #1 of Section 5 .3 - Shall read as follows :
Encroachments are prohibited including fill, new
construction, substantial improvements, and other
development unless certification by a registered
professional engineer or architect is provided
demonstrating that encroachments shall not result in
any increase in flood levels during the occurrence of
the base flood discharge.
2 . Provision #10 of Section 5 .4 - Isha amell nded
ptohread:
Fill
for the elevation of structures
unless certification by a registered professional
engineer or architect is provided demonstrating that
the fill shall not
any
theincrease
floodflood
levels during the occurrence of
discharge .
Page 4 :
This Ordinance will be in effect through October 22, 1997 (the six
months allowed for in RCW 36 .70A. 390 began on the date Ordinance
No. 40-97 was approved) or until the update of Ordinance 59-91 is
completed and approved by the Board of County
Commissioners (whichever comes first) .
DATED thisj2��day of June, 1997 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
4dieof the Boa
k Chai r n
P R VED AS TO FORM:
Co is 'one
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Prosecuting Attorney
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