HomeMy WebLinkAbout09-14 - Ord. Amending Title 14 Chapter 14.22 Flood Damage PreventionORDINANCE NUMBER
AN 0. l
EN°ING AS N
TER 14.22 FL
E TITLE 14,
AGE PREVENTI •N
AN ORDINANCE amending Title 14, Chapter 14.22 of the Mason County Code under the
authority of Chapter 36.70 and 36.70A RCW.
WHEREAS, the Federal Emergency Management Agency (FEMA) and National Marine Fisheries
Service (NMFS) conducted a Community Assistance Visit (CAV) in Mason County to discuss the
County's participation in the National Flood Insurance Program; and
WHEREAS, the objectives in this of visit include reviewing the County's (1) currency with local
floodplain regulations, (2) procedures for ensuring compliance with the adopted regulations,
and (3) development activity in the floodplain; and
WHEREAS, as part of FEMA's findings, the County was required to clarify specifically noted
language in the Flood Damage Prevention Ordinance; and
WHEREAS, all required changes have been made the County's Flood Damage Prevention
Ordinance (MCC 14.22) and were approved by FEMA on July 29, 2013; and
WHEREAS, a public hearing was held on August 26, 2013 with the Planning Advisory
Commission and upon review of the proposed revisions they recommended approval by the Board
of County Commissioners; and
WHEREAS, specific changes to the Ordinance are described in the attached Findings of Fact
(Attachment A);
NOW THEREFORE, BE IT HEREBY ORDAINED, that the Board of Commissioners of
Mason County hereby amends the Mason County Code Title 14, Chapter 14.22 FLOOD
DAMAGE PREVENTION in compliance with FEMA's directive. (Attachment B)
DATED this jIay of
ATTEST:
Clerk o the Board
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
NJ
2014.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Tim Sheldon, Commissioner
Rand -% Neatherlin, Co ' missioner
FLOOD DAMAGE PREY ENTIO_
TITLE 14 CHAPTER 14.22
MASON COUNTY BOARD OF COMMISSIONERS
February 11, 2014
FINDINGS OF FACT
1. In May of 2013 a Compliance Plan was submitted to FEMA responding to each of
concerns raised in follow up to a Community Assistance Visit. Subject to this Board's
action are FEMA's required modifications to the County's currently adopted Hood
Damage Prevention ordinance.
2. All required changes have been made and were approved by FEMA on July 29, 2013
allowing the County to proceed with final adoption.
3. A SEPA checklist was prepared for this amendment. A formal SEPA Determinations
of Non -Significance was made on August 9, 2013. Comment and appeal periods for
these determinations closed on August 23, 2013.
4. In accordance with RCW 36.70.040, a public hearing was held on August 26, 2013
with the Planning Advisory Commission. Upon review of the proposed revisions and
in consideration of any and all public testimony, the Planning Advisory Commission
recommended approval to the Board of County Commissioners.
5. Compliance with NFIP requirements and continued enforcement of flood prevention
regulations keeps the County in good standing FEMA and allows flood insurance to
continue to be sold in the County. The County s approach to floodplain management
is improved by these efforts and thus the citizens are better protected from flood risk.
6. The proposed amendments were required by FEMA and have been incorporated
verbatim as are illustrated with underlining and strikeouts below:
Article III - General Provisions
14.22.060 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for the -Mason
County, Washington' dated May 17, 1988, and revised December 8, 1998, with
accompanying Flood Insurance Rate Maps, and any subsequent amendments thereto, is
hereby adopted by reference and declared to be a part of this ordinance. The Flood
Insurance Study is on file at the Mason County Department of Community Development,
Building III, 426 W Cedar Street,4 1-N--nth St, Shelton, Washington. The best available
information for flood hazard area identification as of tlined in Section 14.22.190 shall be
the basis for regulation until a new FIRM is issued that incorporates data utilized under
Section 14.22.190.
14.22.110 SEVERABILITY
If any section clause, sentence, or phrase of the Ordinance 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 Ordinance.
14.22.120 ESTABLISHMENT OF DEVELOPMENT PERMIT
(b) Application for Development Permit. Application for a development permit shall
be made on forms furnished by Mason County, which can be obtained from the Mason
County Department of Community Development. Application materials may include but
not be limited to plans in triplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question and existing or proposed structures, fill,
storage of materials, drainage facilities, and the location of the foregoing. Specifically, the
following information is required:
(1) Elevation in relation to mean sea lcvclbase flood elevation, of the lowest
floor (including basement) of all new or substantially improved structures;
(2) Elevation in relation to mean sca lcvclbase flood elevation to which any
structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the
floodproofing methods for any nonresidential structure meet the
floodproofing criteria in Section 5.2-2; and
(4) Description of the extent to which a watercourse will be altered or relocated
as a result of proposed development.
14.22.140 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
Duties of the Administrator shall include, but not be limited to:
(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 obtain and record the actual
(as -built) elevation (in relation to iftean-ses-1-evelbase flood elevation) 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) Verify and record the actual elevation (in relation to mean
sea level) to which the structure was flood -proofed, and
(ii) Maintain the floodproofing certifications required in
Section 14.22.120(b)(3).
(C) Maintain for public inspection all records pertaining to these
ordinance provisions.
14.22.150 VARIAN(;E PROCEDURE AND REASONABLE USE EXCEPTION.
(b) Conditions of 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 Subsections (a)(4)(A) through
(a)(4)(L)of this Section 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 reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the procedures set forth in
this section; provided, however, that the variance does not jeopardize the
listing of the structure on the National and State Register.
14.22.160 GENERAL STANI )ARDS
In all areas of special flood hazards as shown on the Flood Insurance Rate Maps
(FIRM) and as defined in Section 14.22.040, the following standards are required:
(1) Anchoring
A. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
B. All manufactured homes must 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 "FE 85--M nufact red
-I-lamiae-Installation-i-n-Flood Hazy e FFMA P95 - Protecting
Manufactured I Iomes from Floods and Other I Iazards" guidebook for
additional techniques.)
14.22.170 SPECIFIC STANDARDS
In all areas of special flood hazards and special flood risk zones where base flood
elevation data has been provided as set forth in Section 14.22.060, BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 14.22.140(b).
Use of Other Base Flood Data, the following provisions are required:
(1) Residential Construction
C. If crawlspaces are used and have enclosed areas or floors below the base flood
elevation, then the following requirements apply:
The crawlspace is an enclosed area below the BFE and, as such, must have
openings that equalize hydrostatic pressures by allowing for the automatic
entry and exit of floodwaters. The bottom of each flood vent opening can
be no more than 1 foot above the lowest adjacent exterior grade. For
guidance on flood openings, see FEMA Technical Bulletin 1,93-August 2008,
Openings in. Foundation Walls and Walls of Enclosures.
ii. Crawlspace construction is not permitted in V zones. Open pile or column
foundations that withstand storm surge and wave forces are required in V
zones.
iii. Portions of the building below the BFE must be constructed with materials
resistant to flood damage. This includes not only the foundation walls of
the crawlspace used to elevate the building, but also any joists, insulation, or
other materials that extend below the BFE. The recommended construction
practice is to elevate the bottom of joists and all insulation above BFE.
Insulation is not a flood -resistant material. When insulation becomes
saturated with floodwater, the additional weight often pulls it away from the
joists and flooring. Ductwork or other utility systems located below the
insulation may also pull away from their supports-See-t-he-sect4en-rlee4
1 sis ant-M-atcr-ials;-or -page-8-of FETtLehri.ie-l-BulFor more
detailed guidance on flood -resistant materials see FEMA Technical Bulletin 2,
August 2008,-93 Flood -Damage -Resistant Materials Requirements.
iv. Any building utility systems within the crawlspace must be elevated above
BFE or designed so that floodwaters cannot enter or accumulate within the
system components during flood conditions. Ductwork, in particular, must
either be placed above the BFE or sealed from floodwaters. For further
guidance on the placement of building utility systems in crawlspaces, see
FEMA P-348, Protecting Building Utilities From Flood Damage 1999.
v. The interior grade of a crawlspace below the BFE must not be more than 2
feet below the lowest adjacent exterior grade (LACi), shown as ID in Figure
1.
vi. 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 4 feet (shown as L in Figure 1) at any point. The height limitation is
the maximum allowable unsupported wall height according to the
engineering analyses and building code requirements for flood hazard areas
(see the section Guidance for Pre -Engineered Crawlspaces on page 7 of FEMA
Technical Bulletin 11-01- - 3). This limitation will also prevent these
crawlspaces from being converted into habitable spaces.
14.22.190 FLOODWAYS
Located within areas of special flood hazard established in Section 14.22.170 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) Encroachments are prohibited including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating through hydrologic
and hydraulic analysis performed in accordance with standard engineering practice
that the proposed encroachments 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 repairs, reconstruction, or improvements to
structures which do not increase the ground floor area; and (ii) repairs,
reconstruction, or improvements to a structure, the cost of which does not exceed
50 percent of the market value of the structure either, (a) before the repair,
reconstruction, or repair is started, or (b) if the structure has been damaged, and is
being restored, before the damage occurred. Work done on structures to c rply
correctwi-th-existing violations of health, sanitary, or safety codes which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions or on structures identified as historic
places shall not be included in the 50 percent determination.
Terri Jeffreys, Chair
Mason County Board of Commissioners
Date
A.CHT B
FLOOD DAMAGP, PRKVN;\TION
TITLE 14 C APTER 14.22
ARTICLE I - STATUTORY, AUTHORIZATION, PURPOSE, AND OBJECTIVES
14.22.010 STATUTORY AUTHORIZATION
The Legislature of the State of Washington has delegatedthe responsibility to local governmental
units to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. RCW 36.70A.060 and RCW 36.70A.170 provides for the designation and regulation of
Frequently Flooded Areas, and Chapter 86.16 RCW provides for the administration of National
Flood Insurance Program regulation requirements by local governments. This ordinance as
adopted and amended shall be known as the Mason County Flood Damage Prevention Ordinance.
14.22.020 PURPOSE
(a) Background. The flood hazard areas of Mason County are subject to periodic inundation
which can result 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. These flood losses could be exacerbacea 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 flood -proofed, elevated, or
otherwise protected from flood damage also contribute to the flood loss.
Mason County has prepared this flood damage prevention ordinance to implement comprehensive
flood damage reduction measures that are necessary for public health safety and welfare and that
allow property owners to protect their property. Additional information about the Skokomish
River valley has been developed through recent studies, and such data is relevant to this ordinance.
Further studies in the Skokomish River floodplain are currently being undertaken under the
authority of the Army Corps of Engineers.
(b) Purpose. It is therefore the purpose of this ordinance to promote the public health, safety,
and general welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed
(1) To protect human life, health and property;
(2) To minimize expenditure of public money and costly flood damage control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business and farming interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and
Flood Damage Prevention, §14.22, MCC
Final February 12, 2014
(8) To ensure that those who occupy the areas of special flood hazard participate, along with
government, in assuming responsibility for their actions.
(9) To allow individuals to protect their life, health, and property when it is done in
accordance with all applicable laws and regulations.
(10)Implement applicable recommendations of Skokomish River Comprehensive Flood Hazard
Management Plan.
(11)Provide for continued eligibility for National Hood Insurance Program
14.22 030 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance provides regulatory methods and provisions
for:
(a) 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,
(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction
(c) Controlling the alteration of natural floodplains, stream channels, and natural protection
barriers, which help accommodate or channel flood waters;
(d) Controlling filling, grading, and other development which may increase flood damage; and
(e) Preventing or regulating the construction of flood barriers which will unnaturally divert
flood waters or may increase flood hazards in other areas.
(f) Controlling excessive erosion by constructing sound erosion control structures and
obtaining appropriate permits and exemptions from all applicable local, state, and federal
jurisdictions.
(g) Implementing the recommendations of adopted flood hazard studies and plans.
ARTICLE II - DEFINITIONS
14.22.040 DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as
to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
"A -ZONE" or "ZONE A' means those areas shown on the Flood Insurance Rate Maps (FIRM) as
that area of land within the floodplain which would be inundated by the Base Hood (100-year or
one percent annual chance) flood.
"ACCESSORY STRUCTLRE" means nonresidential structures such as detached garages, sheds,
garden buildings, pole buildings, and barns which are considered normal for farming and ranching
activities.
`ADMINISTRATOR" means the Director of the Mason County Department of Community
Development or designee.
Flood Damage Preventioon, 5 1 r,22, MCC 2
Finai February 1112014
"APPEAL" means the right to request for a review of the Administrator's interpretation of any
provision of this ordinance or a request for a variance.
"AREA OF SHALLOW FLOODING" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow
may be evident. AO is characterized as sheet flow and AH indicates ponding.
"AREA OF SPECIAL FLOOD HAZARD" means the land in the floodplain within a community
subject to a one percent or greater chance of flooding on any given year In Mason County, the
designation of these areas on FIRM maps always includes the letter A. Areas of special flood hazard
are designated as Frequently Flooded Areas.
"AVL LSION" means a sudden cutting off of land by flood, currents, or change in course of a body
of water.
"AVULSION RISK ARFAS" are the areas which have been determined to have too high a risk of
avulsion to permit new structures or expansion of existing structures.
"BASE FLOOD" means the flood having a (1) percent chance of being equaled or exceeded in any
given year. Also referred to as the '100-year flood." In Mason County, the designation on FIRM
maps always includes the letter A.
"BASEMENT" means any area of the building having its floor subgrade (below ground level) on all
sides.
"BREAKAWAY WALL" means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
"CRITICAL FACILITY" means facilities 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, installations which produce, use, or store hazardous
materials or hazardous waste.
"DEVELOPMENT" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, diking, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials. The area
contained within ring levees is considered to be part of the development area due to its impact on
flood waters.
"DEVELOPMENT PERMIT" see definition for "Permit" under this Ordinance.
ioo° Ga aa; Prey ion, §14. "/_; MCC
Firm Frruar;- 11 ")
"ELEVATED BUILDING" means for insurance purposes, a nonbasement building which has its
lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings,
or columns.
"EMERGENCY" means an unanticipated and imminent threat to public health, safety, or the
environment which requires immediate action within a time period too short to allow for normal
development permit application and review. All emergency development shall be consistent with
all Mason County Development Regulations.
"ENGINEERING REPORTS' are reports compiled under this Ordinance to address flood -related
issues shall be by an engineer licensed in the state of Washington with knowledge and experience
in hydrology. The method and rigor of all investigation, analysis and design shall be in accordance
with current generally accepted engineering standards.
"FLOOD" or "FLOODING" means a general and temporary condition of partial or complete
inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2)
The unusual and rapid accumulation of runoff of surface waters from any source.
"FLOOD INSURANCE RATE MAP (FIRM)" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
"FLOOD) INSURANCE STUDY" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water
surface elevation of the base flood.
"FLOOD PROOFING" means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
"FLOOD PROTECTION ELEVATION" means one foot above the base flood elevation.
"FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
"FOOTPRINT" means the total area of the first floor of a structure, regardless of how the
structure is supported, or the total perimeter of any development other than a structure.
"FREQUENTLY FLOODED AREAS" are critical areas designated by Mason County in its
Resource Ordinance.
"LOT" means a designated parcel, tract, or area of land established by plat, subdivision or as
otherwise permitted by law, to be used, developed or built upon as a unit.
F
ooa Damage Prevenulon, 97 ._2, MCC
nal Febritai;l 11, 7(1jC
"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 non -elevation design requirements of this ordinance found at Section 14.22.160(1)(B).
"MANI JFACTURED 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 connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle '.
"NEW CONSTRUCTION" means structures for which the "start of construction" commenced
on or after the effective date of this ordinance.
"PERMIT" means a written authorization from Mason County for any construction or
development activity on all lands regulated by this ordinance. Such permits shall include but are
not limited to excavation and grading, permits for fills and excavations under Chapter 70 of the
Uniform Building ( ;ode, shoreline permits for developments regulated by the Mason County
Shoreline Master Program, building permits for all structures under the Uniform Building Code
or Title 14, Mason County Code, or written authorization for development under this Ordinance.
"PERSON" means any individual, partnership, corporation, association, organization, cooperative,
public or municipal corporation, or any agency of the state or local government unit however
designated.
"REASONABLE USE EXCEPTION" means the public review process undertaken to allow a
proposed development which is a reasonable use of a site and is consistent with the general
purposes of this Ordinance and the public interest.
"RECREATIONAL VEHICLE" means a vehicle which is:
(1) Built on a single chassis;
(2) 400 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) 1)esigned primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"REPETITIVE LOSS" means flood -related damages sustained by a structure on two occasions
during a 10-year period for which the costs of repairs at the time of each such flood event, on the
average, equals or exceeds 25 percent of the market value of the structure before the damage
occurred.
F
ood Carnage Prevention
14.22, MCC
Final February 11, 2C14
"SPECIAL FLOOD RISK ZONE" means the Zones A and A2 floodplain of the Skokomish River,
Vance Creek and tributaries, as identified on Flood Insurance Rate Maps 530115 0175 1) and
530115 0180 D, both dated December 8, 1998, or as amended.
"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 foundation 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 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 the 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 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.
"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a
structure, taking place during a 10-year period, in which the cumulative cost equals or exceeds 50
percent of the market value of the structure either:
(1) Before the improvement or repair is started, or
(2) If the structure has been damaged and is being restored, before the damage occurred. For
the purpose of this definition ` substantial improvement" is considered to occur when the first
alteration of any wall ceiling, floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
This term includes structures which have incurred "repetitive loss" or "substantial damage"
regardless of the actual amount of repair work performed.
The term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official, and which was in existence prior to the damage event or improvement, and which are
solely necessary to assure safe living conditions• or
(2) Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
Flood 2.ama2e Freventian:, §14.22, MCC
Final February 11, 2014
"VARIANCE" means a grant of relief from the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this ordinance.
"WETLANDS" refer to the definition in the Mason County Resource Ordinance.
Table of Acronyms Used in the Ordinance Sections
FEMA
Federal
Emergency
Management
Agency
FIRM
Flood
Insurance
Rate
Map
NRCS
Natural
Resources Conservation
Service
RCW
Revised
Code
of Washington
WAC Washington
Administrative
Code
WSDOT
Washington
State
Department
of
Transportation
ARTICLE III - GENERAL PROVISIONS
14.22.050 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Mason County.
These lands are designated as Frequently Flooded Areas by the Mason County Resource Ordinance
pursuant to RCW 36.70A.
14.22.060 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific
and engineering report entitled The Flood Insurance Study for Mason County, Washington"
dated May 17, 1988, and revised December 8, 1998, with accompanying Flood Insurance Rate
Maps, and any subsequent amendments thereto, is hereby adopted by reference and declared to be
a part of this ordinance. The Flood Insurance Study is on file at the Mason County Department
of Community Development, Building III, 426 W Cedar Street, Shelton, Washington. The best
available information for flood hazard area identification as outlined in Section 14.22.190 shall be
the basis for regulation until a new FIRM is issued that incorporates data utilized under Section
14.22.190.
14.22.070 PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this ordinance and other applicable regulations.
Violation of the provisions of this ordinance 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 ordinance or fails to comply with any of
its requirements shall upon conviction thereof be fined not more than S 1,000 imprisoned for not
more than 60 days, or both, for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent Mason County from taking such
other lawful action as is necessary to prevent or remedy any violation. The Mason County
Development Code Chapter 15.13 provides for enforcement of violations to permits.
Flood Damage even ion, §I4 22, C
F naj=euruary 1 , 2014
14.22.080 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
14.22.090 IN I'ERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
(1) Considered as a minimum requirements;
(2) Deemed neither to limit nor repeal any other powers granted under State statutes.
14.22.100 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance 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 man-made or natural causes. This
ordinance 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 ordinance shall not create
liability on the part of Mason County, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
14.22.110 SEVERABILITY
If any section, clause, sentence, or phrase of the Ordinance 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 Ordinance.
ARTICLE IV - ADMINISTRATION
14.22.120 ESTABLISHMENT OF DEVELOPMENT PERMIT
(a) Development Permit Required. A development permit shall be obtained before
construction or development begins within any area of special flood hazard established in Section
14.22.060. The permit shall be for all structures including manufactured homes, and for all
development including fill and other activities, as set forth in the `DEFINITIONS." If no other
county permit is required, a development permit shall be required.
(b) Application for Development Permit. Application for a development permit shall be made
on forms furnished by Mason County, which can be obtained from the Mason County
Department of Community Development. Application materials may include but not be limited
to plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the
area in question and existing or proposed structures, fill, storage of materials, drainage facilities,
and the location of the foregoing. Specifically, the following information is required:
(1) Elevation in relation to base flood elevation, of the lowest floor (including basement) of
all new or substantially improved structures,
(2) Elevation in relation to base flood elevation to which any structure has been flood -
proofed;
F
0 Damage prevention, §14.22, ACC 8
a1 Fehi uar! 1_, 2014
(3) Certification by a registered professional engineer or architect that the flood -proofing
methods for any nonresidential structure meet the flood -proofing criteria in Section
5.2-2; and
(4) Description of the extent to which a watercourse will be altered or relocated as a result
of proposed development.
14.22.130 DESIGNATION OF THE ADMINISTRATOR
1 he Administrator is hereby appointed to administer and implement this ordinance by granting or
denying development permit applications in accordance with ordinance provisions. The
Administrator may consult with other departments and/or agencies with expertise to assist in
permitting decisions.
14.22.140 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
Duties of the Administrator shall include, but not be limited to:
(1) Permit Review
(A) Review all development permits to determine that the permit requirements
of this ordinance 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 or special flood risk zone as defined in Section
14.22.040. If located in the floodway, assure that the provisions of Section
14.22.190 are met. If located in a special flood risk zone, assure that the
provisions of Section 14.22.200 are met.
(D) Review applications for emergency permits. An emergency shall be defined
as set forth in WAC 173.27.040(2)d, which includes the following language.
"Emergency construction necessary to protect property from damage
by the elements. An 'emergency" is an unanticipated and imminent
threat to public health, safety, or the environment which requires
immediate action within a time too short to allow full compliance
with this Ordinance Emergency construction does not include
development of new permanent protective structures where none
previously existed. Where new protective structures are deemed by
the administrator to be an appropriate means to address the
emergency situation, upon abatement of the emergency situation,
the new structure shall be removed or any permit which would have
been required, absent an emergency, pursuant to Chapter 90.58
RCW of these regulations or the local master program, shall be
obtained."
(2) Use of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with Section 14.22.060, BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARI ), the Administrator shall obtain,
Hood Damage p evention, §1=.22; MCC
Final Feb,February 11, 2014
review, and reasonably utilize any base flood elevation and floodway data available
from a Federal, State or other source, in order to administer Sections 14.22.170,
SPECIFIC STANDARI )S, 14.22.190 FLOODWAYS, and 14.22.200 SPECIAL
FLOOD RISK ZONE.
(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, obtain and record the actual (as -built)
elevation (in relation to base flood elevation) 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 flood -proofed structures:
(i) Verify and record the actual elevation (in relation to mean sea level)
to which the structure was flood -proofed, and
(ii) Maintain the flood -proofing certifications required in Section
14.22.120(b)(3)
(C) Maintain for public inspection all records pertaining to these ordinance
provisions.
(4)
Alteration of Watercourses
(A) Notify adjacent communities and property owners, and the Washington
State Department of Ecology and Washington State l )epartment of Fish
and Wildlife, prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance
Administration.
(B) Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not
diminished.
(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 conflict between a mapped boundary and actual field
conditions). l he person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided by Section
14.22.150. However, if it is clear from examining the FIRM map that the subject
property or development is located within the area of special flood hazard, the
person contesting the location of the boundary shall apply to FEMA for a map
amendment.
14.22.150 VARIANCE PROCEDURE AND REASONABLE USE EXCEPTION.
(a) Appeal Board
(1) The Hearing Examiner shall act as the Board of Appeals to hear and decide appeals
and requests for variances from the requirements of this ordinance, as provided by
Title 15, Mason County Code.
Hood Damage Prevention, 61?4.22, MCC
nal Feb ;"UarV 201
(2) The Board of Appeals shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the Administrator in
the enforcement or administration of this ordinance.
(3) Those aggrieved by the decision of The Board of Appeals, or any taxpayer, may
appeal such decision to the Superior Court, as provided in Chapter 36.70 RCW.
(4) In passing upon such applications, the Board of Appeals shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this
ordinance 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, water systems, streets and bridges.
(L) The potential impacts to fish and riparian habitat, as provided for within
the Fish and Wildlife Habitat Conservation Areas chapter of the Resource
Ordinance.
(5) Upon consideration of the factors of Subsection 4(a) and the purposes of this
ordinance, the Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance.
(6) The Administrator shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
(b) Conditions of 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 Subsections
Flood Damage Prevention, §14,22, MCC
Final Feb;Uan/ 11, 2014
(a)(4)(A) through (a)(4)(L)of this Section 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 reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set forth in this section;
provided, however, that the variance does not jeopardize the listing of the structure
on the National and State Register.
(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:
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
(iii) 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 Subsection (a)(4) of this Section, 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. Variances shall not be granted for residential or commercial
construction in floodways designated by this Ordinance.
(7) Variances may be issued for nonresidential buildings in very limited circumstances
to allow a lesser degree of flood proofing than watertight or dry -flood proofing,
where it can be determined that such action will have low damage potential,
complies with all other variance criteria except (b)(1), and otherwise complies with
Sections 14.22.160(1) and (2) of the GENERAL STANDARDS
(8) Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the base
flood elevation and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
(c) Reasonable Use Exception. Nothing in this ordinance is intended to preclude all
reasonable use of property. An applicant for a development proposal may file a request for
a reasonable use exception which shall be considered by Hearing Examiner at a public
hearing. The reasonable use exception is not intended to allow residential development in
designated floodways.
F
ou Damage Prevention, -4.22. MCC
al February 11, 2014
(1) The Hearing Examiner may allow a use which is consistent with the general
purposes of this ordinance and the public interest provided it meets the following
criteria:
(A) There is no other reasonable use or feasible alternative to the proposed
development with less impact on flood levels, critical areas, or resource
lands; and
(B) The proposed development does not pose a threat to the public health,
safety or welfare on or off the site; and
(C) 1 he inability of the applicant to derive reasonable use of the property is not
the result of actions by the applicant in creating the undevelopable
condition after the effective date of the ordinance; and
(D) The proposal is the minimum necessary while still allowing reasonable use
of the site.
(2) Applications shall include the following information:
(A) A description of the areas of the site which are critical areas and/or resource
lands or within setbacks required under the Mason County Resource
Ordinance;
(B) A description of the amount of the site which is within setbacks required by
other County standards;
(C) A description of the proposed development, including a site plan and
topographic contour information adequate to determine flood depths on
the site and property;
(D) An analysis of the impact that the amount of development would have on
the resource lands or critical areas;
(E) An analysis of whether any other reasonable use with less impact on the
resource lands or critical areas is possible;
(F) A design of the proposal so that the amount of development proposed as
reasonable use will have the least impact practicable on the resource lands
and/or critical areas;
(G) An economic analysis establishing the respective present values of
development allowed under these regulations without the reasonable use
exception and with the requested exception or alternative exceptions.
(H) Other information as the Administrator determines is reasonably necessary
to evaluate the issue of reasonable use as it relates to the proposed
development.
(3) Application process and review.
(A) The application shall be submitted to the Administrator along with fees
established by ordinance for reasonable use exceptions.
(B) Public notice shall be as provided in Title 15 for public hearings.
(C) The Administrator shall prepare an analysis of the merits of the request and
make recommendations to the Board of Commissioners.
(4) Except when application from this ordinance would deny all reasonable use of a
site an applicant who seeks an exception from the regulations of the Ordinance
shall pursue a variance as provided in this Section.
F[ocd Damage Prevention, §1L.22, MCC
6inal Feorua1ry 11, 1Ci4
(5) The Administrator shall maintain the records of all reasonable use exceptions
granted and report them to the Federal Insurance Administration upon request.
ARTICLE V - PROVISIONS FOR FLOOD HAZARD REDUCTION
14.22.160 GENERAL STANDARDS
In all areas of special flood hazards as shown on the Flood Insurance Rate Maps (FIRM) and as
defined in Section 14.22.040, the following standards are required:
(1) Anchoring
A. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
B. All manufactured homes must 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 P95 -
Protecting Manufactured Homes from Floods and Other Hazards" guidebook for
additional techniques.)
(2) Construction Materials and Methods
A. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
B. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
C. Electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding.
(3) Utilities
A. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
B. The proposed water well shall be located on high ground that is not in the
floodway. It shall be protected from a one hundred year flood and from any
surface or subsurface drainage capable of impairing the quality of the ground
water supply (WAC 173-160-171);
C. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the
systems into flood waters.
D. On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(4) Subdivision Proposals
A. All subdivision proposals shall be consistent with the need to minimize flood
damage.
No Damage P vention, §i'1. z, ACC
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage.
C. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage.
D. Where base flood elevation data has not been provided or is not available from
another authoritative source, it shall be generated for subdivision proposals and
other proposed developments which contain at least 501ots or 5 acres (whichever
is less).
E. Proposals for Subdivisions or Boundary Line Adjustments shall not result in
any lot which is nonconforming to the provisions of this ordinance.
F. Subdivisions located entirely within a floodplain shall not be allowed increased
density through a Performance or Clustered Subdivision as described in Title
16 A performance subdivision may be used for parcels located partially within
a floodplain provided all allowed building areas are located outside the
floodplain, and all other regulatory provisions are met. When feasible, lots shall
be designed to locate building sites outside the floodplain.
G. No parcel shall be created that would require a Reasonable Use Exception or
Variance before new residential or commercial construction would be allowed.
(5) Review of Building Permits
Where elevation data is not available either through the Flood Insurance Study or
from another authoritative source (Section 14.22.140(2)), applications for building
permits shall be reviewed to assure that proposed construction will be reasonably
safe from flooding. 1'he test of reasonableness is a local judgment and includes use
of historical data, high water marks, photographs of past flooding, etc., where
available. Failure to elevate at least two feet above the highest adjacent grade in
these zones may result in higher insurance rates.
14.22.170 SPECIFIC STANDARDS
In all areas of special flood hazards and special flood risk zones where base flood elevation data has
been provided as set forth in Section 14.22.060, BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD or Section 14.22.140(b). Use of Other Base Flood Data, the
following provisions are required:
(1) Residential Construction
Flood Da
Fn_F
A. New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated one foot or more above base flood
elevation
B. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. 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:
Prrveri!o
11, 2014
i. 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;
ii The bottom of all openings shall be no higher than one foot above grade;
iii. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry an exit of floodwaters.
C. If crawlspaces are used and have enclosed areas or floors below the base flood elevation,
then the following requirements apply:
i. The building must be designed and adequately anchored to resist flotation,
collapse, and lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
Hydrostatic loads and the effects of buoyancy can usually be addressed
though the required openings discussed in the next bullet. Because of
hydrodynamic loads, crawlspace construction is not recommended in areas
with flood velocities greater than 5 feet per second unless the design is
reviewed by a qualified design professional, such as a registered architect or
professional engineer. Other types of foundations are recommended for
these areas.
ii The crawlspace is an enclosed area below the BFE and, as such, must have
openings that equalize hydrostatic pressures by allowing for the automatic
entry and exit of floodwaters. The bottom of each flood vent opening can be
no more than 1 foot above the lowest adjacent exterior grade. For guidance
on flood openings, see FEMA Technical Bulletin 1,August 2008, Openings in
Foundation Walls and Walls of Enclosures.
iii. Crawlspace construction is not permitted in V zones. Open pile or column
foundations that withstand storm surge and wave forces are required in V
zones.
iv. Portions of the building below the BFE must be constructed with materials
resistant to flood damage. This includes not only the foundation walls of
the crawlspace used to elevate the building, but also any joists, insulation, or
other materials that extend below the BFE. The recommended construction
practice is to elevate the bottom of joists and all insulation above BFE.
Insulation is not a flood -resistant material. When insulation becomes
saturated with floodwater, the additional weight often pulls it away from the
joists and flooring. Ductwork or other utility systems located below the
insulation may also pull away from their supportsFor more detailed
guidance on flood -resistant materials see FEMA Technical Bulletin 2, August
2008, Flood Damage -Resistant Materials Requirements.
v. Any building utility systems within the crawlspace must be elevated above
BFE or designed so that floodwaters cannot enter or accumulate w thin the
system components during flood conditions. I )uctwork, in particular, must
either be placed above the BFE or sealed from floodwaters. For further
Flood Damage Prevention, §14.22, MCC
Etna February 11, 2C1.a
guidance on the placement of building utility systems in crawlspaces, see
FEMA P-348, Protecting Building Utilities From Flood Damage, 1999.
vi. l he interior grade of a crawlspace below the BFE must not be more than 2
feet below the lowest adjacent exterior grade (LAO) shown as D in Figure 1.
vii. 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 4 feet (shown as L in Figure 1) at any point. The height limitation is
the maximum allowable unsupported wall height according to the
engineering analyses and building code requirements for flood hazard areas
(see the section Guidance for Pre -Engineered Crwwsspaces, on page 7 of FEMA
Technical Bulletin 11-01). phis limitation will also prevent these crawlspaces
from being converted into habitable spaces.
viii There must be an adequate drainage system that removes floodwaters from
the interior area of the crawlspace. 1'he 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.
ix. The velocity of floodwaters at the site should not exceed 5 feet per second
for any crawlspace For velocities in excess of 5 feet per second, other
foundation types should be used.
x. Below -grade crawlspace construction in accordance with the requirements
listed above will not be considered basements.
tram—
L=4ft1
XIMUrri
ravel Dac
Intenor -Grans
BFE
Foundation Wall
— FI Q
Vent
w t Adjacent
Exterior Grade (LAG)
Figure 1. Requirements regarding below -grade crawlspace construction.
Flood 12awage Pr ventian, §14.221 MC
Final FebiLi: a ry 11; 2014
(2) Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure, except those defined as an
accessory structure, shall either have the lowest floor, including basement, elevated one foot
or more above the level of the base flood elevation; or, together with attendant utility and
sanitary facilities, shall:
A. Be flood proofed so that below one foot above the base flood level, the structure is
watertight with walls substantially impermeable to the passage of water;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
C. Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
official as set forth in Section 14.22.130(3)(B);
D. Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in subsection (1)(B) of this
section;
E. Applicants flood -proofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the flood proofed
level (e.g. a building flood proofed to one foot above the base flood level will be rated as
at the base flood level).
(3) Accessory Structures. Construction or substantial improvement of accessory structures, as
defined in Section 14.22.040, shall either have the lowest floor elevated one foot or more
above the level of the base flood elevation; or must meet the following 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 provided they may
permit the automatic entry and exit of flood waters.
D. Structures shall not be designed for human habitation.
E. Structures shall be firmly anchored to prevent flotation which may result in damage to
other structures.
F. Service facilities such as electrical and heating equipment shall be elevated or flood
proofed.
(4) Critical Facility. Construction of new critical facilities shall be, to the extent possible,
located outside the limits of the base flood plain. Construction of new critical facilities
shall be permissible within the base flood plain if no feasible alternative site is available.
Critical facilities constructed within the base flood plain shall have the lowest floor elevated
to three feet or more above the level of the base flood elevation at the site. Flood proofing
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
plain shall be provided to all critical facilities to the extent possible.
Flood Damage Prevention, §14.22, MCC
Final February 11, 7014
(5) Manufactured Homes. All manufactured homes to be placed or substantially improved
within Zones A1-30, AH, and AE on the community s FIRM shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is one foot or
more above the Base Flood Elevation and is securely anchored to an adequately anchored
foundation system in accordance with the provisions of Section 14.22.160(1)(B). In
unnumbered A zones, all manufactured homes shall be elevated such that their lowest floor
is at least two feet above the highest adjacent elevation.
(6) Recreational Vehicles. Recreational vehicles placed on sites within Zones A1-30, AH, and
AE on the Community's FIRM shall either:
(A) Be on site for fewer than 180 consecutive days;
(B) 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
14.22.180 AE AND A1-30 ZONES WITH BASE FLOOD ELEVATIONS BUT NO
FLOODWAYS
In areas with base flood elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including fill) shall be permitted
within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than one foot at any
point within the community.
14.22.190 FLOODWAYS
Located within areas of special flood hazard established in Section 14 22 170 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) Encroachments are prohibited including fill, new construction, substantial improvements,
and other development unless certification by a registered professional engineer or
architect is provided demonstrating through hydrologic and hydraulic analysis performed
in accordance with standard engineering practice that the proposed encroachments 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 repairs, reconstruction, or improvements to structures which do not
increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a
structure, the cost of which does not exceed 50 percent of the market value of the structure
either, (a) before the repair, reconstruction, or repair is started, or (b) if the structure has
been damaged, and is being restored, before the damage occurred. Work done on
structures to correct existing violations of health, sanitary, or safety codes which have been
identified by the local code enforcement official and which are the minimum necessary to
Flood Damage Prevention, §14.22, MCC
Final February 11, 2014
assure safe living conditions or on structures identified as historic places shall not be
included in the 50 percent determination.
(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
Article V, PROVISIONS FOR FLOOD HAZARD REDUCTION.
14.22.200 SPECIAL FLOOD RISK ZONE - FLOODPLAIN OF THE SKOKOMISH
RIVER, VANCE CREEK AND 'TRIBUTARIES.
(a) Special Flood Risk Zone. A Special Flood Risk Zone is hereby established for the Zones A
and A2 floodplain of the Skokomish River, Vance Creek and tributaries, and is illustrated
on FIRM map Community Panels #530115-0175D and # 530115-0180D, (both December
1998). The Special Flood Risk Zone is hereby designated as a floodway and the entire
floodway is hereby designated an avulsion risk area. Construction of a new structure or an
expansion of the square foot area of an existing structure is prohibited in this designated
floodway. For purposes of this subsection, the term structure shall not include a gas or
liquid storage tank.
(b) l )ikes, Levees and Other Water Flow Modification Structures
(1) Areas where flood water releases and overflows from the main Skokomish River
channel shall not be modified, meaning levied or diked, in any manner which
would result in increased stream flow in the main channel.
(2) Maintenance to existing legally established (constructed by past permits or
historically occurring) levees, dikes, and other water flow modification structures
shall be permitted with appropriate approvals from all affected agencies, provided
that the maintenance does not result in increased stream flow within the main
channel (as verified by a hydraulic engineer), and the maintenance is consistent
with provisions and recommendations of the adopted Skokomish River
Comprehensive Flood Hazard Management Plan. Emergency alterations to dikes
and levees necessary for the protection of human life and property shall be
permitted as provided for within the applicable regulatory permit processes.
(3) If the Public Works Director finds an imminent flood threat to the public health,
safety, and welfare exists based on:
(a) A flow capacity of 70% of the 100-year flood stage for the specific river or
creek, or
(b) A rainfall within the last 48 hours in excess of 4 inches, or
(c) Issuance of a flood warning by the National Weather Service for the specific
area, or
(d) A significant isolated blockage occurs such as a log jam or slide, that impacts
the geography or water velocity such that an overflow bank path has or is
likely to occur;
then the Public Works l )irector may recommend to the Board of Commissioners
that they declare an emergency flood condition, which shall then authorize the
county to make on -site inspections on private property of dikes and other
impediments as necessary, and to direct or design immediate or subsequent
Hood Damage prevention,
Final February 1 i, 2014
improvement, repair, removal, or modification to said dikes, levees, or other
impediments, as subject to other regulations; and shall maintain a record of the
condition and structure of said dikes.
(4) Alterations to dikes and levees, and bank stabilization efforts that would prevent
legitimate potential emergency situations shall be permitted, PROVII )ED that all
affected agencies have been notified and appropriate permits have been acquired.
(5) Activities related to the repair, maintenance or construction of bank stabilization,
dikes, levees or other related development are a permit required activity under
Section 14.22.120 of this ordinance, are subject to all provisions for development
standards within this ordinance, and shall provide for appropriate inspections
during and following construction and/or repair. Construction shall meet NRCS
CS
standards, as recommended within the Skokomish River Comprehensive Flood Hazard
Management Plan, or as revised.
(6) Projects proposed by government agencies under this Section as recommended
within the Skokomish River Comprehensive Flood Hazard Management Plan shall be
evaluated on a case -by -case basis. The Administrator shall include the following
considerations in making an evaluation:
(a) Recommendations of applicable study;
(b) Provisions of this Ordinance;
(c) Project -specific engineering;
(d) Public benefit;
(e) All applicable regulations.
(7) All approved permits shall require the monitoring of performance which shall
include, at a minimum, a post -construction inspection for compliance with the
conditions of approval. Additional inspections may be required when
recommended by the engineering report or the County Engineer. Monitoring shall
be established as a condition of approval.
(8) I )IKE MONITORING PROGRAM. Information on the condition of levees,
dikes, or other structures ascertained from successive on -site inspections shall be
maintained by the county for the purpose of updating and cataloging existing
conditions as part of their ongoing flood and dike management program. Dikes
shall be monitored for safety purposes. Dikes shall be inspected by the Public
Works Director at least biennially.
The Public Works Director and his designee is authorized to enter onto private or
public land for the sole purpose of inspecting dikes for flood safety and for no other
purpose. The inspections shall be done between the 8:00 AIVI and 4:00 PM time
period, with notice to the property owner sent by certified mail at least 14 days in
advance, unless there is a flood emergency.
The Public Works Director shall report on the condition of the dikes to the Board
of County Commissioners at the interval of once every two years. The report shall
include an assessment of the condition and structure of the dikes; an analysis of
whether any improvements needs to be done; a statement on the ability, or lack
Flood Damage Prevention, S14.T2, MCC
Final February 11, 2014
2
thereof, to inspect the dikes; and any other matter of importance to dike inspection
and monitoring. 1 he report shall also be based on the inspections and information
gathered from dike monitoring. Existing dikes monitored shall be listed or be listed
by reference to outside reports.
(c) Bridges and Roadways
(1) Areas where flood water releases and overflows from the main Skokomish River
channel shall not be modified by construction or reconstruction of bridges or
roadways, in any manner which would result in increased stream flows or flood
elevations (as verified by a hydraulic engineer).
(2) Maintenance to existing legally established (constructed by past permits or
historically occurring) bridges and roadways shall be permitted with appropriate
approvals from all affected agencies, provided that the maintenance does not result
in increased stream flows or flood levels (as verified by a hydraulic engineer), and
the maintenance is consistent with provisions and recommendations of the adopted
Skokomish River Comprehensive Flood Hazard Management Plan Emergency
alterations to bridges and roadways necessary for the protection of human life and
property shall be permitted as provided for within the applicable regulatory permit
processes.
(3) If the Public Works Director finds an imminent flood threat to the public health,
safety, and welfare exists based on:
(A) A flow capacity of 70% of the 100-year flood stage for the specific river or
creek, or
(B) A rainfall within the last 48 hours in excess of 4 inches, or
(C) Issuance of a flood warning by the National Weather Service for the specific
area, or
(D) A significant isolated blockage occurs such as a log jam or slide, that
(E) impacts the geography or water velocity such that an overflow bank path has
or is likely to occur;
then the Public Works Director may recommend to the Board of Commissioners
that they declare an emergency flood condition, which shall then authorize the
county to make on -site inspections on private property of bridges and roadways and
other impediments as necessary, and to direct or design immediate or subsequent
improvement, repair, removal, or modification to said impediments, as subject to
other regulations; and shall maintain a record of such actions.
(4) Alterations to bridges and roadways that would prevent legitimate potential
emergency situations shall be permitted, PROVIDED that all affected agencies have
been notified and appropriate permits have been acquired.
(5) Activities related to the repair, maintenance or construction of bridges and
roadways or other related development are a permit required activity under Section
14.22.120 of this ordinance, are subject to all provisions for development standards
within this ordinance, and shall provide for appropriate inspections during and
following construction and/or repair.
Flood Damage Prevention, §14.22, MCC
F.na Fe3;uary 11, 2014
(6) Projects proposed by government agencies under this Section as recommended
within the Skokomish River Comprehensive Flood Hazard Management Plan shall be
evaluated on a case -by -case basis. The Administrator shall include the following
considerations in making an evaluation:
(A) Recommendations of applicable study;
(B) Provisions of this Ordinance;
(C) Project -specific engineering;
(D) Public benefit;
(E) All applicable regulations.
(7) All approved permits shall require the monitoring of performance which shall
include, at a minimum, a post -construction inspection for compliance with the
conditions of approval. Additional inspections may be required when
recommended by the engineering report or the County Engineer. Monitoring shall
be established as a condition of approval.
Projects proposed by WSDOT under this Section and receiving Federal
Highway Administration funding shall be consistent with the recommendations
within the Skokomish River Comprehensive Flood Hazard Management Plan and
shall be evaluated on a case by case basis. 1 he Administrator shall include the
following considerations in making an evaluation and issuing a permit:
(A) Recommendations of project specific studies prepared by or on behalf of
WSDOT;
(B) All other provisions of this ordinance do not apply;
(C) Project specific engineering shall be completed in accordance with the
WSDOT Design Manual;
(D) Provide a public benefit;
(E) Provide less than a cumulative one foot rise in the proposed 100 year flood
fringe as determined by a step backwater analysis or higher. The cumulative
total rise will consider projects that have been approved as well as projects
that are planned to be approved.
(F) Compliance with all applicable state and federal regulations
oed Damn e Preve ration
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