HomeMy WebLinkAbout032519_ra02JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Patty Charnas, DCD Director
Donna Frostholm, Associate Planner, DCD
DATE: March 25, 2019
RE: Briefing on Revised Federal Rate Insurance Maps/Flood Insurance
Study Report and Proposed Revisions to County Flood Damage
Prevention Ordinance
STATEMENT OF ISSUE:
The Federal Emergency Management Agency (FEMA) prepares Flood Insurance Rate Maps
(FIRMs) for use in the National Flood Insurance Program (NFIP). The FIRMs currently being
used by Jefferson County for implementing the Flood Damage Prevention Ordinance (as
codified in Chapter 15.15 Jefferson County Code) are hard copies that have an effective date
of July 19, 1982.
Since January 2013, FEMA has apprised Jefferson County of progress in updating the FIRMs
and the Flood Insurance Study for Jefferson County, Washington and Unincorporated Areas
(FIS). On December 7, 2018, FEMA sent a Letter of Final Determination to Jefferson County
stating that the flood hazard determinations, as shown on the revised FIRMS and in the revised
FIS, are considered final by FEMA and that these revisions will go into effect on June 7, 2019.
As part of the process of implementing the new FEMA FIRMs and FIS, Jefferson County must
revise the Flood Damage Prevention Ordinance to comply with NFIP standards. Jefferson
County Code (JCC) Title 15.15 Building -Flood Damage Prevention Ordinance is where these
code revisions would occur. The Board of County Commissioners (BoCC) is required to adopt
a revised Flood Damage Prevention Ordinance that updates the code by June 7, 2019 in order
for the county'to remain in the NFIP.
The purpose of this meeting with the BoCC and the County Administrator is to review the
revision requirements and proposed code revisions. If the Board is amenable, a public hearing
will be tentatively scheduled for May 6, 2019. A hearing notice and adopting ordinance will be
prepared in advance to meet required county noticing timeframes.
CAB
ANALYSIS:
Jefferson County is a local community participating in the NFIP. DCD implements and
enforces the Flood Damage Prevention Ordinance, JCC 15.15 Building -Flood Damage
Prevention, which is intended to reduce future flood risks associated with new construction
within Special Flood Hazard Areas mapped by FEMA. Based on county participation, the
federal government makes insurance available to Jefferson County residents as financial
protection against future losses.
For the federal government to continue providing insurance to residents in unincorporated
Jefferson County, the BoCC must adopt a revised Flood Damage Prevention Ordinance prior
to June 7, 2019. FEMA and the Washington State Department of Ecology (NFIP State
Coordinator) have provided input for revisions to the current ordinance. That input and the
drafted code revisions are attached to this agenda request.
If the BoCC does not adopt a revised Flood Damage Prevention Ordinance that complies with
NFIP standards, then property owners located within Special Flood Hazard Areas of
unincorporated Jefferson County will no longer qualify for federal flood insurance.
FISCAL IMPACT:
Funds for staff to work on revisions to the Flood Damage Prevention Ordinance will come
from the General Fund.
Funds to review applications for compliance with the Flood Damage Prevention Ordinance
will come from fees paid by permit applicants.
The federal government requires compliance with NFIP standards. Failure to adopt a revised
Flood Damage Prevention Ordinance prior to June 7, 2019 may result in negative financial
effects on Jefferson County property owners where some or all of the property occurs within a
Special Flood Hazard Area.
RECOMMENDATION:
No action is needed at this time; however, DCD recommends that the BoCC allow DCD to
move forward with setting a public hearing and preparing an adopting ordinance to update and
revise JCC 15.15 prior to June 7, 2019.
REVIEWED BY:
my Admm'stra r
_31,2-604
Date
Attachments: Proposed Revision to JCC 15.15
Comments and input from FEMA; State NFIP Coordinator
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PRF,VEN'r10N
Chapter 15.15
FLOOD DAMAGE PREVENTION
Sections:
Methods of reducing flood losses.
15.15.010
Statutory authorization.
15.15.aaa
Severability.
15.15.bbb
General exemptions.
15.15.020
Findings of fact.
15.15.030
Statement of purpose.
15.15.040
Methods of reducing flood losses.
15.15.050
Definitions.
15.15.060
General provisions.
15.15.070
Administration.
15.15.080
Provisions for flood hazard reduction.
Page 1/16
15.15.010 Statutory authorization.
The Legislature of the State of Washington has 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 state s€
Washingtee-Jefferson County does ordain as follows. [Ord. 7-06 Att. A]
15.15.aaa Severability.
If any section, clause, sentence, or phrase of this chanter 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.
15.15.bbb General exemptions.
A flood development permit is not required if the proposed activity meets one of the following,:
(1) Routine maintenance of existing, landscaping that does not involve grading_ excavation, or filling
(2) Removal of noxious weeds, hazardous trees, and replacement of non-native vegetation with native vegetation:
provided, weed removal is based on the Jefferson county Noxious Weed List and is conducted in accordance with
the Noxious Weed Control Board weed control guidance.
(3) Normal maintenance of above ground public utilities and facilities, such as replacing power lines and utility
poles but does not include connecting or extending lines onto private proppM, such as residential utility lines
(4) Normal road maintenance such as tilling potholes repaying installing signs and traffic signals: provided no
expansion is proposed.
(5) Normal maintenance of a levee or other flood control facility as prescribed in the operations and maintenance
plan for the facility; provided. normal maintenance does not include repair from flood damage any expansion of the
prism, face or toe, or the addition of material for protection or armor.
(6) Plowing and other normal farm practices on legally existing agricultural areas-, proved there is not new
structures, filling, or ground clearing
15.15.020 Findings of fact.
(1) The flood hazard areas of Jefferson County 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 are 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.
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 2116
(3) Those development permits seeking to construct within critical areas and/or a flood hazard area shall be subject
to this chapter.
(4) Jefferson County regulates development in frequently flooded areas through critical area protection standards
found in Chapter 18.4-522 JCC.
(5) Regulations that govern development in flood hazard areas may be found in Chapter 18.25 JCC — Shoreline
Master Program.
(6) Regulations that govern development in flood hazard areas may be found in Chapter 15.05 JCC — Building
Codes.
(7) Regulations that govern development in flood hazard areas may be found in Chapter 18.30 JCC — Development
Standards,
(8) Regulations that govern development in flood hazard areas may be found in Chapter 8.15 JCC — On -Site Sewage
Disposal Systems.
(9) Development is prohibited in floodways. [Ord. 7-06 Att. A]
15.15.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of
flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the
expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer
lines, streets, and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood
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;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. [Ord.
7-06 Att. A]
(9) To ensure that those who occupy areas within the special flood hazard area participate in and maintain eligibility
for flood insurance and disaster relief.
15.15.040 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) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood
damage at the time of initial construction;
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 3/16
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase
flood hazards in other areas. [Ord. 7-06 Att. A]
15.15.050 Definitions.
"Appeal" means a request for a review of the interpretation of any provision of this chapter or a request for a
variance.
"Alteration of watercourse" means any action that will change the location of the channel occupied by water within
the banks of any portion of a riverine waterbody.
"Area of shallow flooding" is means a designated es -AO, e�AH, or VO zone on the Flood Insurance Rate Map
(FIRM) with a 1 percent or greater annual chance of flooding to an average depth of I to 3 feet where a clearly
defined channel does not exist, where the path floodingis s unpredictable, and where velocity flow may be evident
Such flooding is characterized b ponding ponding or sheet flow. AO Zones have base flood depths that range from one to
three feet above the natural ground; 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; AH indicates ponding, and
is shown with standard base flood elevations.
"Area of special flood hazard" means the land in the floodplain within a community subject to a I percent or rte;eater
chance offloodin in aniig given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A AO AN, AI -
30 AE, A99, AR (V, VO, V 1-30, VE). Special flood hazard area is synonymous in meaning with the phrase area of
special flood hazard.'
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year -(*We
FOAFFed to as the " 100 5,eaF „
); these aMS ffe designated on Flood lnsuFmoe Rate Maps by the leaer-s A e
"Basement" means any area of the building having its floor sub -grade (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.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a
primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on the FIRM as Zone T1 38,yE er-V.
"Community" means any state or area or political subdivision thereof, or any Indian tribe or authorized tribal
oreanization. or Alaska Native village or authorized native organization which has authorigy to ado tp and enforce
floodplain management regulations for the areas within its jurisdiction.
"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.
"Cumulative substantial damage" means flood -related damages sustained by a structure on two separate occasions
during a 10 -year period for which the cost 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.
"Development" means any manmade change to improved or unimproved real estate, including but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code Page 4/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
"Elevated building" means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised
above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
"Elevation certificate" ,
means an administrative tool of the
National Flood Insurance Program (NF[P) that can be used to provide elevation information, to determine the proper
insurance premium rate,, and to support a request far a Letter of Ma�Anendment (COMA) or Letter of Map
Revision based on fill (LOMR-F).
"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 adopted by
a communiri.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood" or "flooding" means_
-L1ZaA general and temporary condition of partial or complete inundation of normally dry land areas from:
(+g) The overflow of inland or tidal waters_;
(2b) The unusual and rapid accumulation of runoff of surface waters from any source.
(c) Mudslide (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this
definition and are akin to a river of liouid 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 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 paragraph (I) a) of this definition.
"Flood elevation study" means an examination evaluation and determination of flood hazards and, if appropriate,
corresponding_ water surface elevations or an examination, evaluation and determination ofniudslide (i.e., mudflow)
and/or flood -related erosion hazards.
"Flood Insurance Rate Map (FIRM)" means die -an official map of a community, on which the Federal Insurance
Administration has delineated both the areas Of special Rood -hazard areas and the risk premium zones applicable to
the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map
DFIRM .
"Flood Insurance Study (FIS)" 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.
"Floodplain administrator" means the community official designated by title to administer and enforce the
floodplain management regulations.
"Floodplain management regulations" includes zoning regulations subdivision regulations, building codes, health
regulations,special purpose regulations such as floodplain regulations grading reputations and erosion control
regulations) and other application of police power. The term describes such state or local regulations, in any
combination thereof, which provide stands for the purpose of flood damage prevention and reduction
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code Page 5116
Chapter 15.15 FLOOD DAMAGE PREVENTION
"Floodproofing" means any combination of structural and nonstructural gdditionj. 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.
"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 erre fee
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 anv 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 re isg_ tered
historic district,
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have
been a2l2roved 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 b the he Secretary of the Interior. or
(b) Directly by the Secretary of the Interior in states without approved programs.
"Increased cost of compliance" means a flood insurance claim payment up to $30,000 directly to a property owner
for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood.
Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative
substantial damage." (More information can be found in FEMA ICC Manual 301.)
"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 JCC 15.15.080(2)
(i.e., provided there are adequate flood ventilation openings).
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
"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 FIRM 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
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 6/16
on or after the effective date of a floodplain management regulation adopted by a community and includes any
subsequent improvements to such structures.
"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 adopted floodplain management regulations adopted by
a community.
-Reasonably safe from floodin " means develoRMent that is designed d bVilt to be safe from flooding tugd on
consideration of current flood elevation studies historical data high water marks and other reliable data known tp
the communi In unnumbered A za,gsh r o fld eie n i5 available, rcasmably
that the lowest floor is at least two feet above the highest adiacent grade.
"Recreational vehicle" means a vehicle:
(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.
"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.
"Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank that is principally above ground as well as a manufactured home. Structure, for insurance purpgses,
means:
(1) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
(2) A manufactured home ("a manufactured home also known as a mobile home is a structure: built on a permanent
chassis transported to its site in one or more sections, and affixed to a permanent foundation); or
(3) A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under
the community's floodplain management and building ordinances or laws.
For the latter MMose "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle,
except as described in paragraph (3) of this definition or a gas or liquid storage tank.
"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.
"Substantial improvement" means any rOPaif. 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 either:
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code Page 7/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
(-l*Bbefore the "start of construction" of the improvement_ eF FSp8iF iS SNAW7
de€unitieR;_ ,
stmetum 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 pre -sited 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_, i ied on the National Register. of Islisterie Places or. a state invent
hi6ter sus. provided that the alteration will not preclude the structure's continued desienation as a historic
structure.
"Variance" means a grant of relief by a community from the terms of a floodplain management regulation.
nts of this ehapter- !hat Pe -6 ".-UM-Atinn in a mannei; that wauld otherwise be PFOhibited by
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 section 60.3(b)(5), (c)(4), (c)10, (d)(3), O(2). (e)(4), or
(e)(5) ispresumed to be in violation until such time as that documentation is provided.
to this ehapw of not in eeinpliaRee with this ahapter. Far- a Y:eiat:en that continues eaeh 24 houf period senstitutes
"Water dependent" means a structure for commerce or industry that cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations. [Ord. 7-06 Att. A]
15.15.060 General provisions.
(1) Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the
jurisdiction of Jefferson County.
(2) 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 enaineerina report entitled "The Flood Insurance Studv for
Jefferson County, Washington and Incorporated Areas" dated June 7. 2019, and any revisions thereto, with an
accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, area hereby adopted by reference and
declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at Jefferson County
Department of Community Development (621 Sheridan Street, Port Townsend. Washinaton 98368). The areas e€
3) Chances to Special Flood Hazard Area. If a proiect will alter the BFE or boundaries of the SFHA, then the
project proponent shall provide the communi with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally Muire a Letter of Map Change, then
the project proponent shall initiate, and receive approval of, a Conditional Letter of Map Revision (CLOMR) prior
to approval of the development permit. The proiect shall be constructed in a manner consistent with the approved
CLOMR.
The Jefferson County Code is current through Ordinance 4-15, pa ed June K, 2015.
Jefferson County Code Page 8/16
Chapter 15.15 FLOOD DAMAGE PREVF,NTION
(4) Requirement to Submit New Technical Data. )Vithin six months notify FEMA of changes in the base flood
elevation by submitting technical or scientific datg, so that insurance rates and floodplain management requirements
will be based on current data not currently found in thisphapter, as required by, 44 CFR 65.3.
(35) 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 be deemed to have committed a violation. Upon
conviction thereof the violator may 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 Jefferson County from taking such other lawful action as is necessary to prevent or remedy any
violation.
(46) 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.
(37) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes
(68) 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 Jefferson County, 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. 7-06 Att. A]
15.15.070 Administration.
(1) 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 JCC 15.15.060(2). The permit shall be for all
structures including manufactured homes, as set forth in the "Definitions" (JCC 15.15.050), and for all
development including fill and other activities, also as set forth in the "Definitions" (JCC 15.15.050).
(b) Application for Development Permit. Application for a development permit shall be made on forms
furnished by the development review division of the department of community development for Jefferson
County 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:
(i) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures
recorded on a current elevation certificate (1+81 31) with Section B completed by the local official;
(ii) Elevation in relation to mean sea level to which any structure has been floodproofed;
(iii) Certification by a licensed land supmyerengineer or architect that the floodproofing methods for any
nonresidential structure meet floodproofing criteria in JCC 15.15.080(2)(b);
(iv) Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development.
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 9/16
(2) Designation of the Local Administrator. The Jefferson County development services manager is hereby
appointed to administer and implement this chapter by granting or denying development permit applications in
accordance with its provisions.
(3) Duties and Responsibilities of the Local Administrator. Duties of the development services manager shall
include, but not be limited to:
(a) Permit Review.
(i) Review all development permits to determine that the permit requirements of this chapter have been
satisfied.
(ii) 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.
(iii) 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 JCC 15.15.080(4)(a) are met.
(b) Use of Other Base Flood Data (in A and V Zones). When base flood elevation data has not been provided
(in A or V Zones) in accordance with JCC 15.15.060(2), Basis for Establishing the Areas of Special Flood
Hazard, the development service manager 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 JCC 15.15.080(2),
Specific Standards, and 15.15.080(4), Floodways.
(c) Information to Be Obtained and Maintained.
(i) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as
in subsection (3)(b) of this section, obtain and record the actual (as -built) 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. Recorded on a current elevation certificate (FF 81 3 1)
with Section B completed by the local official.
(ii) For all new or substantially improved floodproofed nonresidential structures where base flood
elevation data is provided through the FIS, FIRM, or as required in subsection (3)(b) of this section:
(A) Obtain and record the elevation (in relation to mean sea level) to which the structure was
floodproofed.
(B) Maintain the floodproofing certifications required in subsection (I)(b)(iii) of this section.
(iii) Maintain for public inspection all records pertaining to the provisions of this chapter.
(d) Alteration of Watercourses.
(i) 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.
(ii) Require that maintenance is provided within the altered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
(e) Interpretation of Firm Boundaries. Make interpretations where needed as to exact location of the boundaries
of the areas of special flood hazards (e.g., 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. Such appeals shall be granted consistent with the standards of Section
60.6 of the Rules and Regulations of the National Flood Insurance Program.
(4) Conditions for Variances.
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code Page 10/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
(a) 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 small or irregularly shaped lot contiguous to and
surrounded by lots with existing structures constructed below the base flood level. As the lot size increases, the
technical justification required for issuing the variance increases.
(b) Variances shall not be issued within a designated floodway if any increase in flood levels during the base
flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(d) 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, or conflict with existing local laws or ordinances.
(e) 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 flood elevations should be quite rare.
(f) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree
of floodproofmg than watertight or dry-floodproofmg, where it can be determined that such action will have
low damage potential, complies with all other variance criteria except subsection (4)(b) of this section, and
otherwise complies with JCC 15.15.080(1)(a), (1)(c), and (1)(d).
(g) Any applicant to whom a variance is granted shall be given written notice that the permitted structure will
be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk. [Ord. 7-06 Att. A]
(h) In considering variance applications the floodplain administrator shall consider all technical evaluations all
relevant factors all standards specified in other sections of this chapter, and:
(i) The danger that materials may be swept onto other lands to the inim of others;
(ii) The danger to life and property due to flooding or erosion damage;
(iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
(iv) The importance of the services provided by the proposed facility to the community;
(v) The necessity to the facility of a waterfront location, where applicable;
NO The availabili!y of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
(vii) The compatibility of the proposed use with existing and anticipated development;
(viii) The relationship of the proposed use to the comprehensive plan and floodplain management program
for that area;
(ix) The safety of access to the property in time of flood for ordinary and emersencv vehicles,
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 11/16
(x) The expected height, velocity, duratign, rate of rise, and sediment transport of the flood waters expected
at the site, and
(xi) 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 system and streets and
bridges.
15.15.080 Provisions for flood hazard reduction.
(1) General Standards.
(a) Anchoring.
(i) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the structure -resulting om hydrodynamic and hydrostatic loads including the effects
of buoy.
(ii) All manufactured homes shall 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. FoF MOM detail
iRfIffffialiGH, FO F 19 ,
FEMA 85, ..
(b) Construction Materials and Methods.
(i) All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
(ii) All new construction and substantial improvements shall be constructed using methods and practices
that minimize flood damage.
(iii) 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. Locating such equipment below the
base flood elevation may cause annual flood insurance premiums to be increased.
(c) Utilities.
(i) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems;
(ii) Water wells shall be located on high ground that is not in the floodway;
(iii) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into flood waters;
(iv) On-site waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding.
(d) Subdivision Proposals and Other Development where 50 or More Lots are Being Created or the Project
Includes 5 or More Acres.
(i) All subdivision proposals shall be consistent with the need to minimize flood damage;
(ii) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and
water systems, located and constructed to minimize or eliminate flood damage;
(iii) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code
Chapter 15.15 FLOOD DAMAGF. PREVENTION
Page 12/16
(iv) 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 50 lots or five acres (whichever is less).
(e) Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study,
FIRM, or from another authoritative source (JCC 15.15.070(3)(b)), 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 the highest adjacent grade in these zones may result
in higher insurance rates.
(2) Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set
forth in JCC 15.15.060(2), Basis for Establishing the Areas of Special Flood Hazard, or JCC 15.15.070(3)(b), Use of
Other Base Flood Data. Additional standards were clarified in a_FEMA Technical Bulletin 44 -84 -to allow
crawlspace construction for buildings located in the special flood hazard areas;WH 68A
(a) Residential Construction.
(i) New construction and substantial improvement of any residential structure shall have the lowest floor,
including basement, elevated one foot or more above the base flood elevation (BFE).
(ii) 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:
(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 floodwaters.
(b) 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 or
more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
(i) Be floodproofed so that below one foot or more above the base flood level the structure is watertight
with walls substantially impermeable to the passage of water;
(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
(iii) Be certified by a licensed land sufveyerengineer 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 JCC 15.15.070(3)(c)(ii);
(iv) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space
below the lowest floor as described in subsection (2)(a)(ii) of this section.
(c) Manufactured Homes. All manufactured homes in the floodplain to be placed or substantially improved on
sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is
elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
The Jefferson County Code is current through Ordinance 4-15, pa ed .Tune 8, 2015.
Jefferson County Code Page 13/16
Chapter 15.15 FLOOD DAMAGE: PREVENTION
(d) Recreational Vehicles. Recreational vehicles placed on sites are required to either:
(i) Be on the site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by
quick disconnect type utilities and security devices, and have no permanently attached additions; or
(iii) Meet the requirements of subsection (2)(c) of this section and the elevation and anchoring
requirements for manufactured homes.
(3) AE and A 1 — 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 A 1 — 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.
(4) Floodways. Located within areas of special flood hazard established in JCC 15.15.060 are areas designated as
floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry
debris, and increase erosion potential, the following provisions apply:
(a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development
unless certification by a registered professional engineer is provided demonstrating through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels during the occurrence of the base flood discharge.
(b) Construction or reconstruction of residential structures is prohibited within designated floodways, except
for (i) repairs, reconstruction, or improvements to a structure 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, or reconstruction is started, or (B) if the structure has
been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure
to correct existing violations of state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum necessary to assure safe living
conditions, or to structures identified as historic places, may be excluded in the 50 percent.
(c) If subsection (4)(a) of this section is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this section.
(5) Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on FIRMS as AO Zones with
depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly
defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:
(a) New construction and substantial improvements of residential structures and manufactured homes within
AO Zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the
structure, one foot or more above the depth number specified in feet on the community's FIRM (at least two
feet above the highest adjacent grade to the structure if no depth number is specified).
(b) New construction and substantial improvements of nonresidential structures within AO Zones shall either:
(i) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building
site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number
is specified). Recorded on a current elevation certificate (FF -84 -34) -with Section E completed; or
(ii) Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level
so that any space below that level is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and hydrodynamic
The Jefferson County Code is current through Ordinance 4-15, pa ed June S, 2015.
Jefferson County Code Page 14/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered
professional engineer or architect as in subsection (2)(b)(iii) of this section.
(c) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from
proposed structures.
(d) Recreational vehicles placed on sites within AO Zones on the community's FIRM are required to either:
(i) Be on the site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(iii) Meet the requirements of subsections (5)(a) and (5)(c) of this section and the anchoring requirements
for manufactured homes (subsection (1)(a) of this section).
(6) Coastal High Hazard Areas. Located within areas of special flood hazard established in JCC 15.15.060(2) are
coastal high hazard areas, designated as Zones V 1 — 30, VE and/or V. These areas have special flood hazards
associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this chapter,
the following provisions shall also apply:
(a) All new construction and substantial improvements in Zones VI — 30 and VE (V if base flood elevation data
is available) on the community's FIRM shall be elevated on pilings and columns so that:
(i) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or
columns) is elevated one foot or more above the base flood level; and
(ii) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse
and lateral movement due to the effects of wind and water loads acting simultaneously on all building
components, Wind and water loading values shall each have a one percent chance of being equaled or
exceeded in any given year (100 -year mean recurrence interval).
A registered professional engineer or architect shall develop or review the structural design, specifications and
plans for the construction, and shall certify that the design and methods of construction to be used are in
accordance with accepted standards of practice for meeting the provisions of subsections (6)(a)(i) and (ii) of
this section.
(b) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the
lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V 1 —
30, VE, and V on the community's FIRM and whether or not such structures contain a basement. The
development service manager shall maintain a record of all such information.
(c) All new construction within Zones VI — 30, VE, and V on the community's FIRM shall be located
landward of the reach of mean high tide.
(d) Provide that all new construction and substantial improvements within Zones V I — 30, VE, and V on the
community's FIRM have the space below the lowest floor either free of obstruction or constructed with
nonsupporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind
and water loads without causing collapse, displacement, or other structural damage to the elevated portion of
the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a
design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design
or when so required by local or state codes) may be permitted only if a registered professional engineer or
architect certifies that the design proposed meets the following conditions:
(i) Breakaway wall collapse shall result from water load less than that which would occur during the base
flood; and
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 15/16
(ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of wind and water loads acting simultaneously
on all building components (structural and nonstructural). Maximum wind and water loading values to be
used in this determination shall each have a one percent chance of being equaled or exceeded in any given
year (100 -year mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building
access, or storage. Such space shall not be used for human habitation.
(e) Prohibit the use of fill for structural support of buildings within Zones VI — 30, VE, and V on the
community's FIRM.
(f) Prohibit manmade alteration of sand dunes within Zones V I — 30, VE, and V on the community's FIRM
which would increase potential flood damage.
(g) All manufactured homes to be placed or substantially improved within Zones V 1 — 30, V, and VE on the
community's FIRM on sites:
(i) Outside of a manufactured home park or subdivision;
(ii) In a new manufactured home park or subdivision;
(iii) In an expansion to an existing manufactured home park or subdivision; or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood;
shall meet the standards of subsections (6)(a) through (f) of this section and manufactured homes placed or
substantially improved on other sites in an existing manufactured home park or subdivision within Zones V 1 —
30, V, and VE on the FIRM shall meet the requirements of subsection (2)(c)(ii) of this section.
(h) Recreational vehicles placed on sites within Zones VI — 30, V, and VE on the community's FIRM either:
(i) Be on the site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only
by quick disconnect type utilities and security devices, and have no permanently attached additions; or
(iii) Meet the requirements of JCC 15.15.070(1)(a) (Development Permit Required) and subsections (6)(a)
through (f) of this section,
(7) 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 above BFE or to the height of the 500 -year flood, whichever is
higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofmg
and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into
floodwaters. 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. 7-06 Att. A]
(8) Appurtenant Structures (Detached Garages and Storage Structures) In a Zones (A AE A 1-30 AH AO).
appurtenant structures used solely for parking of vehicles or storage may be constructed such that the floor is below
the BFE, provided the structure is designed and constructed in accordance with the following requirements
(a) Use of the appurtenant structure must be limited to parking of vehicles or storage;
The portions of the appurtenant structure located below the BFE must be built using flood resistant
materials:
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015,
Jefferson County Code Page 16/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
c Thea errant ct e t wdUuatedly anchored to prevent flotation colla e md lgeral
movement,
(d) Any machinery or equipment servicing the appurtenant structure must be elevated or flgodproofed to or
above the BFE;
(e) The appurtenant structure must comply with floodway encroachmgntprovisions in Aubsection (4)(a) of this
section; and
( The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters in
accordance with subsection (2)(a)(ii) of this section.
Detached Sara eg s, storage structures, and other appurtenant structures not meeting the above standards must be
constructed in accordance with all applicable standards in subsection (1)(b) of this section.
Upon completion of the structure certiftegion that the requirements of this section have been satisfied shall be
provided to the floodplain administrator for verification
The Jefferson County Code is current through Ordinance 4-15, pa ed June 8, 2015.
Donna Frostholm
From: Patty Charnas
Sent: Wednesday, February 20, 2019 2:48 PM
To: Donna Frostholm
Subject: FW: Jefferson County Flood Damage Prevention Ordinance Update
Attachments: 20190215_Ordinance_WA_J efferso nCty_Jefferso nCty_F E MA Fi rstReview. pdf
Here is a helpful link for you to view:
https://www.law.cornell.edu/cfr/text/44/59,1
Patty Charnas - Director
Jefferson County Department of Community Development
621 Sheridan Street, Port Townsend, WA 98368
Phone 360-379-4493 — Fax 360-379-4451
Pcharnas(@-co.qefferson.wa.us
From: Pilkenton, Roxanne <roxanne.reale-pi Ike nton@fema.dhs.gov>
Sent: Saturday, February 16, 2019 1:54 PM
To: Kate Dean <KDean@co.jefferson.wa.us>; Philip Morley <pmorley@co.jefferson.wa.us>; Patty Charnas
<PCharnas@co. jefferson.wa.us>
Cc: Radabaugh, David (ECY) <DRAD461@ECY.WA.GOV>
Subject: RE: Jefferson County Flood Damage Prevention Ordinance Update
Good Afternoon Commissioner Dean, County Administrator Morley, and Community Development Director
Charnas,
Please accept FEMA's first review comments in regard to the Jefferson County Chapter 15.15 Flood Damage
Prevention Ordinance. Please note that the marked up items on the attached ordinance, and the items that
Mr. Radabaugh outlined in his email below must all be addressed prior to FEMA approving the Jefferson
County Chapter 15.15 for adoption.
Once you've made the changes as requested please email back a copy of the ordinance to both Mr.
Radabaugh and myself for review. Please note that I will be traveling to Maryland next week but will have
time at night to reply to any emails in regard to the requested changes. Reviewing the Jefferson County
ordinance will go to the top of my to do list and is a priority to ensure that Jefferson County is able to make
deadlines in regard to adoption.
If you have any questions or comments about the markups please do not hesitate to contact me.
Kind regards,
Rax a.v�,vu✓ R e�Zei-i a ke vt to w , J
Floodplain Management Specialist
FEMA Region X I Floodplain Management and Insurance Branch
130 228t' Street SW I Bothell, Washington 98021-9792
Phone: (425) 487-4654 1 Cell: (202) 341-6948
Roxanne. Pi lkentonlIfemaAhs.gov
Federal Emergency Management Agency (FEMA), Region X is committed to providing access, equal
opportunity and reasonable accommodation in its services, programs, activities, education and employment for
individuals with disabilities. To request a disability accommodation contact me at least five (5) working days in
advance at 425-487-4654 or roxanne.reale pilkeniongfema.dhs.gov.
A
{'Y FEMA
�iM1 G7 14�.:f
From: Radabaugh, David (ECY) <DRAD451@ECY.WA.GOV>
Sent: Thursday, February 14, 2019 11:07 AM
To: kdean co,jefferson.wa.us; pmoriev@co jefferson.wa.us; pcharnas@co.iefferson.wa.us
Cc: Graves, John <Lohn.sravesl@dhs.gov>; Wood -McGuiness, Karen <Karen.Wood- McGuiness@femaAhs.Rov>;
Pilkenton, Roxanne <roxanne.re�ilkenton a fema.dhs.gov>; Sarpong, Suzanne <suzanne.sarpong@fema.dhs.gov>
Subject: Jefferson County Flood Damage Prevention Ordinance Update
Dear Commissioner Dean, County Administrator Morley, and Community Development Director Charnas:
On December 7, 2018, the Federal Emergency Management Agency (FEMA) sent you correspondence
relating to the new countywide Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) that will
become effective for all communities in Jefferson County on June 7, 2019.
FEMA typically verifies that flood damage prevention ordinances are completely up to date at the time that new
FIRMs go into effect. FEMA may review the Flood Damage Prevention Ordinance for your community.
At the time of this writing, it is not known if or when the FEMA review will be available or what the
results of such a review will be.
Please note that your Flood Damage Prevention Ordinance will need to be updated to adopt the new
county -wide Flood Insurance Study and FIRMs. While specific details will need to be included for each
community, a template of the necessary adoption language in the Flood Damage Prevention Ordinance is as
follows:
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 Jefferson County, Washington and
Incorporated Areas" dated June 7, 2019, and any revisions thereto, with an accompanying Flood
Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared
to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at ( community
address.
Community address is the address where FIRMs are physically located in your community. Most likely, this is
the location where land development permits are issued for your community.
Additionally, at a minimum, the following amendments are needed in your community's Flood Damage
Prevention Ordinance:
1. A severability clause is needed that should read:
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.
2. Jefferson County Code (JCC) 15.15.070(b) needs to be amended to read:
b) Application for Development Permit. Application for a development permit shall be made on forms
furnished by the development review division of the department of community development for Jefferson
County 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:
(i) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures recorded
on a current elevation certificate 1) with Section B completed by the local official;
(ii) Elevation in relation to mean sea level to which any structure has been floodproofed;
(iii) Certification by a licensed engineer or architect lard --surveyor that the floodproofing methods for any
nonresidential structure meet floodproofing criteria in JCC 15.15.080(2)(b);
(iv) Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development.
3. JCC 15.15.080(1)(d) needs to be amended to read:
D. Subdivision Proposals and other development where 50 or more lots are being created or the
project includes 5 or more acres.
(i) All subdivision proposals shall be consistent with the need to minimize flood damage;
(ii) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
(iii) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
(iv) 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 50 lots or five acres (whichever is less).
4. JCC 15.15.080(2)(b)(iii) must be amended to read:
Be certified by a licensed engineer or architect lan"urveyof 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 JCC 15.15.070(3)(c)(ii);
5. The following definitions in JCC15.15.050 must be updated or added:
"Alteration of Watercourse" means any action that will change the location of the channel occupied by
water within the banks of any portion of a riverine waterbody.
"Area of shallow flooding" is designated as AO, AH, or VO A9-ofAA4 zone on the Flood Insurance Rate
Map (FIRM). AO Zones have base flood depths that range from one to three feet above the natural ground;
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; AH indicates ponding, and is shown with
standard base flood elevations.
Area of special flood hazard is the land in the floodplain within a community subject to a 1 percent or
greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone
A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning
with the phrase "area of special flood hazard".
"AFea Of GP8GiaI flood hazaFd" is the land in the floodplain within a GOMMURity GUII�IeGt to a GR8 P8FG8Rt GF
Elevation Certificate: An administrative tool of the National Flood Insurance Program (NFIP) that can be
used to provide elevation information to determine the proper insurance premium rate and to support a
request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F)
Flood or Flooding means.-
1)
eans:
1) A general and temporary condition of partial or complete inundation of normally dry land areas from:
i. The overflow of inland or tidal waters.
ii. The unusual and rapid accumulation or runoff of surface waters from any source.
iii. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph
(a)(2) of this definition and are akin to a river of liquid and flowing_mud on the surfaces of
normally dry land areas, as when earth is carried by a current of water and deposited along the
path of the current.
2) The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph (1)(i) of this definition.
Floodplain administrator is the community official designated by title to administer and enforce the
floodplain management regulations.
Floodplain management regulations includes Zoninq 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 damaae prevention and
reduction
Flood proofing 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.
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 Adiacent Grade means the highest natural elevation of the around surface prior to construction
next to the proposed walls of a structure.
"Historic Structure" is any structure that is:
1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of
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 Interior or
4) Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
i. By an approved state program as determined by the Secretary of the Interior or
ii. Directly by the Secretary of the Interior in states without approved programs
"Reasonably Safe from Flooding" is development that is designed and built to be safe from flooding based
on consideration of current flood elevation studies historical data high water marks and other reliable date
known to the community. In unnumbered A zones where no flood elevation is available reasonably safe
from flooding means that the lowest floor is at least two feet above the Highest Adjacent Grade
"Structure" means a walled or roofed building including a gas or liquid storage tank that is principally
above ground as well as a manufactured home.
"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure either:
(1) Before the "start of construction" of the improvement or repair is6tarted; or
(2) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes 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.
The term can exclude
(1) Any project for improvement of a structure to correct pre -cited 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 structure listed on the National Register of Historic Places or a state inventory of
historic places, provided that the alteration will not preclude the structure's continued Jesignation as
a "historic structure."
The following changes are recommended:
1. We recommend that a subsection be added to JCC 15.15.070(4) to read
In considering variance applications the {variance decision maker} shall consider all technical
evaluations, all relevant factors all standards specified in other sections of this ordinance and
a. The danger that materials maybeswept onto other lands to the iniury 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 facilityto o the community,
e. The necessity to the facility of a waterfront location where applicable
5
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 time of flood for ordinary and emergency vehicles:
j. The expected heights velocity, duration rate of rise and sediment transport of the flood waters
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
system, and streets and bridges.
2. The following should be added:
Changes to Special Flood Hazard Area
If a project will alter the BFE or boundaries of the SFHA, then the proiect proponent shall provide the
community with engineering documentation and analysis regarding the proposed change. If the change
to the BFE or boundaries of the SFHA would normally require a Letter of Map Change then the project
proponent shall initiate, and receive approval of, a Conditional Letter of Map Revision (CLOMR) prior to
approval of the development permit. The project shall be constructed in a manner consistent with the
approved CLOMR.
3. JCC 15.15.080(1)(a)(i) should to be amended to read:
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.
4. We recommend that the following subsection be added:
Appurtenant Structures (Detached Garages & Storage Structures)
In A Zones (A, AE, Al -30, AH, AO):
Appurtenant structures used solely for parking of vehicles or storage may be constructed such that
the floor is below the BFE, provided the structure is designed and constructed in accordance with
the following requirements:
1) Use of the appurtenant structure must be limited to parking of vehicles or storage
2) The portions of the appurtenant structure located below the BFE must be built using flood
resistant materials
3) The appurtenant structure must be adequately anchored to prevent flotation, collapse, and
lateral movement;
4) Any machinery or equipment servicing the appurtenant structure must be elevated or
floodproofed to or above the BFE:
5) The appurtenant structure must comply with floodway encroachment provisions in Section
JCC15.15.080(4)(a) and
6) The appurtenant structure must be designed to allow for the automatic entry and exit of flood
waters in accordance with Section JCC 15.15.080(2)(a)(ii).
Detached garages, storage structures and other appurtenant structures not meeting the above
standards must be constructed in accordance with all applicable standards in Section JCC
15.15.080(l)(b).
Upon completion of the structure certification that the requirements of this section have been
satisfied shall be provided to the Floodplain Administrator for verification.
5. We recommend the following change to the definition of Flood Insurance Rate Map:
"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 A FIRM that has been made available digitally is called a Digital Flood
Insurance Rate MapDF(IRM).
It is important to note that FEMA has emphasized that the new FIRMs must be adopted by ordinance in
order for your community to continue to be eligible for participation in the NFIP. Automatic adoption clauses
for this update will not be considered compliant due to the fact that the name of the Flood Insurance Study
has changed.
We emphasize that additional provisions in your Flood Damage Prevention Ordinance may need to
be updated prior to June 7, 2019. However, we recommend that your community start planning for the
necessary ordinance update now. Early coordination with FEMA and Ecology floodplain management staff
is advisable. Please do not hesitate to contact your assigned FEMA staff reviewer or myself with questions.
David Radabaugh, AICP, CFM
NFIP State Coordinator
Department of Ecology
Northwest Regional Office
3190 - 160th Avenue SE
Bellevue, WA 98008-5452
Office: (425) 649-4260
Cell: (425) 417-3777
david.radabaugii@ecy.wa.gov
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 1 of 18
15.15.010 Statutory authorization.
The Legislature of the State of Washington has delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health, safety, and general welfare tfff its
citizenry. Therefore,Be
y estate of Washington does ordain as follows. [Ord. 7-06 Att. A]
15.15.020 Findings of fact.
(1) The flood hazard areas of Jefferson County 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 are 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.
(3) Those development permits seeking to construct within critical areas and/or a flood hazard area
shall be subject to this chapter.
(4) Jefferson County regulates development in frequently flooded areas through critical area
protection standards found in Chapter 18.15 JCC.
(5) Regulations that govern development in flood hazard areas may be found in Chapter 18.25 JCC —
Shoreline Master Program.
(6) Regulations that govern development in flood hazard areas may be found in Chapter 15.05 JCC —
Building Codes.
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Chapter 15.15
FLOOD DAMAGE PREVENTION
Sections:
15,15,010
Statutory authorization.
15.020
Findings of fact.
15.15.030
Statement of purpose.
15.15,040
Methods of reducing flood losses.
15,15.050
Definitions.
15.15.060
General provisions.
15.15.070
Administration.
15.15.080
Provisions for flood hazard reduction.
15.15.010 Statutory authorization.
The Legislature of the State of Washington has delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health, safety, and general welfare tfff its
citizenry. Therefore,Be
y estate of Washington does ordain as follows. [Ord. 7-06 Att. A]
15.15.020 Findings of fact.
(1) The flood hazard areas of Jefferson County 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 are 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.
(3) Those development permits seeking to construct within critical areas and/or a flood hazard area
shall be subject to this chapter.
(4) Jefferson County regulates development in frequently flooded areas through critical area
protection standards found in Chapter 18.15 JCC.
(5) Regulations that govern development in flood hazard areas may be found in Chapter 18.25 JCC —
Shoreline Master Program.
(6) Regulations that govern development in flood hazard areas may be found in Chapter 15.05 JCC —
Building Codes.
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Summary of Comments on Jefferson County
Page: 1
Number: 1 Author rrealepi Subject: Sticky Note Date: 2/16/2019 2:24:54 PM -08'00'
A Severability section as required in WA State Model Ordinance is not found in Chapter 15.15. Please provide evidence that a Severability
section, which applies to this code is found in Jefferson County code.
Number: 2 Author: rrealepi Subject: Sticky Note Date: 2/16/2019 2:25:34 PM -08'00'
Habitat assessment BiOp language is not found in Chapter 15.15.
Number: 3 Author: rrealepi Subject: Sticky Note Date: 2/16/2019 2:27:32 PM -08'00'
The requirement to submit new technical data: Within 6 months, notify FEMA of changes in the base flood elevation by submitting
technical or scientific data, so that insurance rates & floodplain management requirements will be based on current data is not found in
this ordinance as required by 44 CFR 65.3.
Number. 4 Author: rrealepi Subject: Sticky Note Date: 2/16/2019 1:32:01 PM -08'00'
Should read "Jefferson County".
Number: 5 Author: rrealepi Subject: Highlight Date: 2/16/2019 1:31:23 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION
(7) Regulations that govern development in flood hazard areas may be found in Chapter 18.30 JCC —
Development Standards.
(8) Regulations that govern development in flood hazard areas may be found in Chapter 8.15 JCC —
On -Site Sewage Disposal Systems.
(9) Development is prohibited in floodways. [Ord. 7-06 Att. A]
15.15.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the
annual cost of flood insurance; and minimize public and private losses due to flood conditions in
specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood 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;
1JI) To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions. [Ord. 7-06 Att. A] Z
15.15.040 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) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel flood waters;
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
2of18
mom
t_ Number: 1 Author. rrealepi Subject: Highlight Date: 2/16/2019 1:36:22 PM -08'00'
Number. 2 Author rrealepi Subject Sticky Note Date: 2/16/2019 1:36:36 PM -08'00'
Does not contain "Participate in and maintain eligibility for flood insurance and disaster relief'.
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 3 of 18
(4) Controlling filling, grading, dredging, and other development which may increase flood damage;
and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or
may increase flood hazards in other areas. [Ord. 7-06 Att. A]
15.15.050 Definitions.
"Appeal" means a request for a review of the interpretation of any provision of this chapter or a
request for a variance.
area of shallow flooding" is designated as AO or AH zone on the Flood Insurance Rate Map (FIRM).
AO Zones have base flood depths that range from one to three feet above the natural ground; a clearly
defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity
flow may be evident. AO is characterid as sheet flow; AH indicates ponding, and is shown with
se
Uandard base flood elevations. 2
Rkrea of special flood hazard" is the land in the floodplain within a community subject to a one percent
or greater chance of flooding in any given year. Designation on maps always includes the letters A or
Q. 0
Ehase flood" means the flood having a one percent chance of being equaled or exceeded in any given
year (also referred to as the "100year flood"); these areas are designated on Flood Insurance Rate
Maps by the letters A or V. "100-6
'Basement' means any area of the building having its floor sub -grade (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.
RI-oastal high hazard area" means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 — 30,
Ea or V. 1Q
"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.
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 3
�• Number, 1
Number 2
Author rrealepi
Author: rrealepi
Subject Highlight Date: 2/16/2019 1:44:30 PM -08'00'
Subject Sticky Note Date: 2/16/2019 2.15:08 PM -08'00'
Please use exact NFIP definition of 'Area of shallow flooding' as in found 44 CFR 59.1.
TNumber: 3 Author rrealepi Subject' Highlight Date: 2/16/2019 1:44:33 PM -08'00'
T Number: 4
Author: rrealepi
Subject Highlight Date: 2/16/2019 1:46:21 PM -08'00'
Number: 5
Author rrealepi
Subject: Sticky Note Date 2/16/2019 2:15:17 PM -08'00'
Please use the exact NFIP definition of 'Area of special flood hazard' as found in 44 CFR 59.1.
T, Number: 6 Author rrealepi Subject: Highlight Date: 2/16/2019 1:46:23 PM -08'00'
T: Number: 7
Author: rrealepi
Subject Highlight Date: 2/16/2019 1:47:39 PM -08'00'
Number. 8
Author: rrealepi
Subject: Sticky Note Date: 2/16/2019 2:15:27 PM -08'00'
Please use the exact NFIP definition of 'Base flood' as found in 44 CFR 59.1.
T Number 9 Author: rrealepi Subject Highlight Date: 2/16/2019 1.50:13 PM -08'00'
Number 10
Author: rrealepi
Subject Sticky Note Date: 2/16/2019 2:15:36 PM -08'00'
Please use the exact NFIP definition of 'Coastal high hazard area' as found in 44 CFR 59.1.
t ,Number: 11 Author: rrealepi Subject: Highlight Date: 2/16/2019 1:5016 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 4 of 18
"Cumulative substantial damage" means flood -related damages sustained by a structure on two
separate occasions during a 10 -year period for which the cost 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.
development" means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials located within the area of special flood hazard.
"Elevated building" means, for insurance purposes, a nonbasement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or
columns.
Lo
"Elevation certificate" means the official formoEMA Form 81-31) ,.ad to track development, provide
elevation information necessary to ensure compliance with community floodplain management
ordinances, and determine the proper insurance premium rate with Section B completed by
community officials.
RExisting 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.
"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).
5lood" 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.
Blood 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
, plicable to the community. 70
EZ ood Insurance Study (FIS)" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary- Floodway Map, and the water surface
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 4
T Number. 1 Author: rrealepi Subject Highlight Date 2/16/2019 1:51:48 PM -08'00'
Number: 2 Author: rrealepi Subject Sticky Note Date: 2/16/2019 2:15:45 PM -08'00'
Please use the exact NFIP definition of 'Development' as found in 44 CFR 59.1.
Number: 3 Author rrealepi Subject Sticky Note Date 2/16/2019 2:14:55 PM -08'00'
Outdated elevation certificate form number.
t• Number 4
Author rrealepi
Subject: Highlight Date: 2/16/2019 2:11:13 PM -08'00'
t+Number: 5
Number 6
Author: rrealepi
Author: rrealepi
Subject: Highlight Date: 2/16/2019 153'37 PM -08'00'
Subject Sticky Note Date: 2/16/2019 2:15:55 PM -08'00'
Please use the exact NAP definition of 'Existing manufactured home park or subdivision' as found in 44 CFR 59.1.
TI Number 7 Author: rrealepi Subject: Highlight Date: 2/16/2019 1:54:52 PM -08'00'
Number: 8
Author rrealepi
Subject: Sticky Note Date' 2/16/2019 2:16:04 PM -08'00'
Please use the exact NFIP definition of 'Flood or Flooding' as found as found in 44 CFR 59.1.
t Number 9 Author: rrealepi Subject: Highlight Date: 2/16/2019 1:55:47 PM -08'00'
Number: 10
Author rrealepi
Subject Sticky Note Date: 2/16/2019 2:16:13 PM -08'00'
Please use the exact NFIP definition of 'Flood Insurance Rate Map (FIRM)' as found in 44 CFR 59.1.
T1 Number: 11 Author: rrealepi Subject' Highlight Date: 2/16/2019 1:55:50 PM -08'00'
Tl Number: 12
Author: rrealepi
Subject Highlight Date: 2/16/2019 1:59:18 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 5 of 18
Ulevation of the base flood. 1
09oodway" 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. a
"Increased cost of compliance" means a flood insurance claim payment up to $30,000 directly to a
property owner for the cost to comply with floodplain management regulations after a direct physical
loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial
damage" or as a result of a "cumulative substantial damage." (More information can be found in FEMA
ICC Manual 301.)
"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 JCC 15.15.080(2) (i.e., provided there are adequate flood
ventilation openings).
"Manufactured home" means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Rlew construction" means structures for which the "start of construction" commenced on or after the
effective date of the ordinance codified in this chapter. El
154ew 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 adopted
floodplain management regulations. a
"Recreational vehicle" means a vehicle:
(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
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
mom
Number 1
Author rrealepi
Subject Sticky Note Date: 2/16/2019 2:16:23 PM -08'00'
Please use the NFIP definition of 'Flood elevation study' as found in 44 CFR 59.1.
,,,Number 2 Author: rrealepi Subject Highlight Date: 2/16/2019 1:59:32 PM -08'00'
Number 3
Author rrealepi
Subject' Highlight Date 2/16/2019 2:00:29 PM -08'00'
Number: 4
Author: rrealepi
Subject Sticky Note Date: 2/16/2019 2:16:36 PM -08'00'
Please use the exact NAP definition of 'Floodway'as found in 44 CFR 59.1.
TI Number: 5 Author rrealepi Subject Highlight Date: 2/16/2019 2:01:56 PM -08'00'
Number: 6 Author: rrealepi Subject' Sticky Note Date: 2/16/2019 2.16:46 PM -08'00'
Please use the exact NFIP definition of 'New construction' as found in 44 CFR 59.1.
Ti Number 7 Author: rrealepi Subject Highlight Date 2/16/2019 2:04:03 PM -08'00'
Number: 8
Author: rrealepi
Subject: Sticky Note Date: 2/16/2019 2:16:54 PM -08'00'
Please use the exact NFIP definition of 'New manufactured home park or subdivsion' as found in 44 CFR 59.1
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 6 of 18
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"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.
153tructure" means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground. 2
"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.
Ehubstantial improvement' means any repair, reconstruction, or improvement of a structure, the cost
of which 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
purposes 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.
The term can exclude:
(1) Any project for improvement -of a structure to correct pre -cited 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 structure listed on the National Register of Historic Places or a state inventory
15 historic places. , 11
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 6
-,,:Number: 1 Author rrealepi Subject Highlight Date 2/16/2019 2:05:15 PM -08'00' _
Number 2 Author: rrealepi Subject: Sticky Note Date' 2/16/2019 2:17:03 PM -08'00'
Please use the exact NAP definition of'Structure' as found in 44 CFR 59.1.
,,.,Number 3 Author rrealepi Subject: Highlight Date: 2/16/2019 2:05:57 PM -08'00'
Number: 4 Author: rrealepi Subject: Sticky Note Date: 2/16/2019 2:17:10 PM -08'00'
Please use the exact NFIP definition of 'Substantial Improvement' as found in 44 CFR 59.1.
�.
Number: 5 Author: rrealepi Subject Highlight Date: 2/16/2019 206:00 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 7 of 18
5ariance" means a grant of relief from the requirements of this pbapter that permits construction in a
manner that would otherwise be prohibited by this chapter.
U2
OJiolation" means any act or omission contrary to this chapter or not in compliance with this chapter.
4
For a violation that continues each 24-hour period constitutes a separate and distinct violation.
"Water dependent" means a structure for commerce or industry that cannot exist in any other location
and is dependent on the water by reason of the intrinsic nature of its operations. [Ord. 7-06 Att. A]
15.15.060 General provisions.
(1) Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards
within the jurisdiction of Jefferson County.
(2) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Insurance Administration in scientific and engineering reports entitled,01he
Flood Insurance Study for Jefferson County" dated July 19, 1982, and any revisions thereto, with an
accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by
reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on
file at Jefferson County department of community development located at 621 Sheridan Street, Port
Townsend, Washington 98368. The best available information for flood hazard area identification as
outlined in JCC 15,15.070(3)(b) shall be the basis for regulation until a new FIRM is issued that
incorporates data utilized under JCC a5 15.070(3)(b).
(3) 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 be deemed to have committed a violation. Upon conviction thereof
the violator may 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 Jefferson County from taking such other lawful action as is necessary to
prevent or remedy any violation.
(4) 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.
(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Number: 1 Author: rrealepi Subject Highlight Date: 2/16/2019 2:07:28 PM -08'00'
Number: 2 Author: rrealepi Subject Sticky Note Date: 2/16/2019 2:17:20 PM -08'00'
Please use the exact NFIP definition of 'Variance' as found in 44 CFR 59.1.
Number: 3 Author: rrealepi Subject Highlight Date: 2/16/2019 2:08:01 PM -08'00'
Number: 4 Author, rrealepi Subject Sticky Note Date: 2/16/2019 2:17:29 PM -08'00'
Please use the exact NFIP definition of 'Violation' as found in 44 CFR 59.1.
Number: 5 Author: rrealepi Subject Highlight Date: 2/16/2019 2:09:43 PM -08'00'
New FIS Title and Date: "Flood Insurance Study for Jefferson County, Washington, and Incorporated Areas" dated lune 7, 2019
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 8 of 18
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(6) 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 Jefferson County, 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. 7-06 Att. A]
15.15.070 Administration.
(1) 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 JCC 15 15.060(2). The
permit shall be for all structures including manufactured homes, as set forth in the "Definitions"
(JCC .15.050), and for all development including fill and other activities, also as set forth in the
"Definitions" (JCC 15-15.050).
(b) Application for Development Permit. Application for a development permit shall be made on
forms furnished by the development review division of the department of community
development for Jefferson County 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:
(i) Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures recorded on a current elevation certificat4F 81-31) with Section B completed
by the local official;
(ii) Elevation in relation to mean sea level to which any structure has been floodproofed;
(iii) Certification by Aensed land surveyor that the floodproofing methods for any
nonresidential structure meet floodproofing criteria in JCC 15.15.080(2)(b);
(iv) Description of the extent to which a watercourse will be altered or relocated as a result
of proposed development.
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 8
Number 1 Author. rrealepi Subject Sticky Note Date: 2/16/2019 2:14:00 PM -08'00'
Outdated elevation certificate form number,
Number. 2 Author: rrealepi Subject: Highlight Date: 2/16/2019 2:12:18 PM -08'00'
Number: 3 Author. rrealepi Subject Sticky Note Date: 2/16/2019 2:30:36 PM -08'00'
Should be replaced with 'licensed engineer or architect'.
Number: 4 Author: rrealepi Subject Highlight Date: 2/16/2019 2:30:00 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 9 of 18
(2) Designation of the Local Administrator. The Jefferson County development services manager is
hereby appointed to administer and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
(3) Duties and Responsibilities of the Local Administrator. Duties of the development services
manager shall include, but not be limited to:
(a) Permit Review.
(i) Review all development permits to determine that the permit requirements of this chapter
have been satisfied.
(ii) 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.
(iii) 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 JCC
15.154$0(4)(a) are met.
(b) Use of Other Base Flood Data (in A and V Zones). When base flood elevation data has not
been provided (in A or V Zones) in accordance with JCC 15.15.060(2), Basis for Establishing the
Areas of Special Flood Hazard, the development service manager 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 JCC 15.15.080(2), Specific Standards, and 15.15.080(4),
Floodways.
(c) Information to Be Obtained and Maintained.
(i) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or
required as in subsection (3)(b) of this section, obtain and record the actual (as -built)
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. Q
Recorded on a current elevation certificat4F 81-31) with Section B completed by the local
official.
(ii) For all new or substantially improved floodproofed nonresidential structures where base
flood elevation data is provided through the FIS, FIRM, or as required in subsection (3)(b) of
this section:
(A) Obtain and record the elevation (in relation to mean sea level) to which the
structure was floodproofed.
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 9
Number 1 Author rrealepi Subject: Sticky Note Date 2/16/2019 2:13:42 PM -08'00'
outdated elevation certificate form number.
*Number: 2 Author rrealepi Subject: Highlight Date: 2/16/2019 2:13:22 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 10 of 18
(B) Maintain the floodproofing certifications required in subsection (1)(b)(iii) of this
section.
(iii) Maintain for public inspection all records pertaining to the provisions of this chapter.
(d) Alteration of Watercourses.
(i) 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.
(ii) Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
(e) Interpretation of Firm Boundaries. Make interpretations where needed as to exact location of
the boundaries of the areas of special flood hazards (e.g., 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. Such appeals
shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of
the National Flood Insurance Program.
(4) Conditions for Variances.
(a) 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 small or
irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed
below the base flood level. As the lot size increases, the technical justification required for
issuing the variance increases.
(b) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(d) 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,
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 11 of 18
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(e) 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 flood elevations should be quite rare.
(f) 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 (4)(b) of this section, and otherwise complies with JCC 15.15.080(1)(a), (1)(c), and
(1)(d).
(g) Any applicant to whom a variance is granted shall be given written notice that the permitted
structure will be built with its lowest floor below the base flood elevation and that the cost of flood
insurance will be commensurate with the increased risk. [Ord. 7-06 Att. A]
15.15.080 Provisions for flood hazard reduction.
(1) General Standards.
(a) Anchoring.
(i) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
(ii) All manufactured homes shall 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. 01or more detailed information, refer to guidebook, FEMA -85, "Manufactured
Home Installation in Flood Hazard Areas." 11
(b) Construction Materials and Methods.
(i) All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(ii) All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
(iii) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 11
Number: 1 Author: rrealepi Subject: Highlight Date: 2/16/2019 2:18:38 PM -08'00'
Number: 2 Author: rrealepi Subject: Sticky Note Date: 2/16/2019 2:18:46 PM -08'00'
This appears to be instructional sentence from state model ordinance, not required to be included.
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 12 of 18
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.
Locating such equipment below the base flood elevation may cause annual flood insurance
premiums to be increased.
(c) Utilities.
(i) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems;
(ii) Water wells shall be located on high ground that is not in the floodway;
(iii) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems into
flood waters;
(iv) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
� 01
) Subdivision Proposals.
(i) All subdivision proposals shall be consistent with the need to minimize flood damage;
(ii) All subdivision proposals shall have public utilities and facilities, such as sewer, gas,
electrical, and water systems, located and constructed to minimize or eliminate flood
damage;
(iii) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage;
(iv) 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 50 lots or five acres (whichever is less).
(e) Review of Building Permits. Where elevation data is not available either through the Flood
Insurance Study, FIRM, or from another authoritative source (JCC 15.15.070(3)(b)), 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 the highest adjacent grade in these zones may result in higher insurance
rates.
(2) Specific Standards. In all areas of special flood hazards where base flood elevation data has been
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 12
Number: 1 Author: rrealepi Subject: Sticky Note Date: 2/16/2019 2:36:34 PM -08'00'
Please add 'and other development where 50 or more lots are being created or the project includes S or more acres.'
Number: 2 Author: rrealepi Subject: Highlight Date: 2/16/2019 2:36:08 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 13 of 18
provided as set forth in JCC 15.15.060(2), Basis for Establishing the Areas of Special Flood Hazard,
or JCC 15,15.070(3)(b), Use of Other Base Flood Data. Additional standards were clarified in FEMA
Technical Bulletin 11-01 to allow crawlspace construction for buildings located in the special flood
hazard areas; however, adopting this provision can result in a 20 percent increase in flood insurance
premiums.
(a) Residential Construction.
(i) New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above the base flood elevation
(BFE).
(ii) 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:
(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 floodwaters.
(b) 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 or more above the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
(i) Be floodproofed so that below one foot or more above the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
(iii) Be certified by a licensedUnd surveyor that the design and methods of construction are Q
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 JCC 15.15.070(3)(c)(ii);
(iv) Nonresidential structures that are elevated, not floodproofed, must meet the same
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 13
Number: 1 Author: rrealepi Subject: Sticky Note Date: 2/16/2019 2:32:33 PM -08'00'
Please replace with 'engineer or architect'.
t. Number. 2 Author: rreaiepi Subject: Highlight Date: 2/16/2019 2:31:56 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 14 of 18
standards for space below the lowest floor as described in subsection (2)(a)(ii) of this
section.
(c) Manufactured Homes. All manufactured homes in the floodplain to be placed or substantially
improved on sites shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse and lateral
movement.
(d) Recreational Vehicles. Recreational vehicles placed on sites are required to either:
(i) Be on the site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use, on wheels or jacking system, attached to
the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
(iii) Meet the requirements of subsection (2)(c) of this section and the elevation and
anchoring requirements for manufactured homes.
(3) AE and Al — 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 Al — 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.
(4) Floodways. Located within areas of special flood hazard established in JCC 15.15,060 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters that can carry debris, and increase erosion potential, the following provisions apply:
(a) Prohibit encroachments, including fill, new construction, substantial improvements, and other
development unless certification by a registered professional engineer is provided demonstrating
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood levels during
the occurrence of the base flood discharge.
(b) Construction or reconstruction of residential structures is prohibited within designated
floodways, except for (i) repairs, reconstruction, or improvements to a structure 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, or reconstruction is started, or (B) if the structure has been damaged, and is
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 15 of 18
being restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or to structures identified as historic places, may be
excluded in the 50 percent.
(c) If subsection (4)(a) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this section.
(5) Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on FIRMs as AO
Zones with depth designations. The base flood depths in these zones range from one to three feet
above ground where a clearly defined channel does not exist, or where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet
flow. In these areas, the following provisions apply:
(a) New construction and substantial improvements of residential structures and manufactured
homes within AO Zones shall have the lowest floor (including basement) elevated above the
highest adjacent grade to the structure, one foot or more above the depth number specified in
feet on the community's FIRM (at least two feet above the highest adjacent grade to the
structure if no depth number is specified).
(b) New construction and substantial improvements of nonresidential structures within AO Zones
shall either:
(i) Have the lowest floor (including basement) elevated above the highest adjacent grade of
the building site, one foot or more above the depth number specified on the FIRM (at least
two feet if no depth number is specified . Recorded on a current elevation certificate[�F 81-
101) with Section E completed; or
(2
(ii) Together with attendant utility and sanitary facilities, be completely floodproofed to or
above that level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is
used, compliance shall be certified by a registered professional engineer or architect as in
subsection (2)(b)(iii) of this section.
(c) Require adequate drainage paths around structures on slopes to guide floodwaters around
and away from proposed structures.
(d) Recreational vehicles placed on sites within AO Zones on the community's FIRM are
required to either:
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Page: 15
Number: 1 Author: rrealepi Subject: Highlight Date: 2/16/2019 2:21:51 PM -08'00'
Number: 2 Author. rrealepi Subject: Sticky Note Date: 2/16/2019 2:22:00 PM -08'00'
Outdated elevation certificate form number.
.NJ Number: 3 Author: rrealepi Subject: Highlight Date: 2/16/2019 2:21:53 PM -08'00'
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 16 of 18
(i) Be on the site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
(iii) Meet the requirements of subsections (5)(a) and (5)(c) of this section and the anchoring
requirements for manufactured homes (subsection (1)(a) of this section).
(6) Coastal High Hazard Areas. Located within areas of special flood hazard established in JCC
15_15-M(2) are coastal high hazard areas, designated as Zones V1 — 30, VE and/or V. These areas
have special flood hazards associated with high velocity waters from surges and, therefore, in
addition to meeting all provisions in this chapter, the following provisions shall also apply:
(a) All new construction and substantial improvements in Zones V1 —30 and VE (V if base flood
elevation data is available) on the community's FIRM shall be elevated on pilings and columns
so that:
(i) The bottom of the lowest horizontal structural member of the lowest floor (excluding the
pilings or columns) is elevated one foot or more above the base flood level; and
(ii) The pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Wind and water loading values shall each have a
one percent chance of being equaled or exceeded in any given year (100 -year mean
recurrence interval).
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of subsections (6)(a)(i) and (ii) of this section.
(b) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all new and substantially improved
structures in Zones VII — 30, VE, and V on the community's FIRM and whether or not such
structures contain a basement. The development service manager shall maintain a record of all
such information.
(c) All new construction within Zones Vi — 30, VE, and V on the community's FIRM shall be
located landward of the reach of mean high tide.
(d) Provide that all new construction and substantial improvements within Zones V1 — 30, VE,
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 17 of 18
and V on the community's FIRM have the space below the lowest floor either free of obstruction
or constructed with nonsupporting breakaway walls, open wood lattice -work, or insect screening
intended to collapse under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation system. For the
purposes of this section, a breakaway wall shall have a design safe loading resistance of not
less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed
a design safe loading resistance of 20 pounds per square foot (either by design or when so
required by local or state codes) may be permitted only if a registered professional engineer or
architect certifies that the design proposed meets the following conditions:
(i) Breakaway wall collapse shall result from water load less than that which would occur
during the base flood; and
(ii) The elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind and
water loads acting simultaneously on all building components (structural and nonstructural).
Maximum wind and water loading values to be used in this determination shall each have a
one percent chance of being equaled or exceeded in any given year (100 -year mean
recurrence interval).
If breakaway walls are utilized, such enclosed space shall be usable solely for parking of
vehicles, building access, or storage. Such space shall not be used for human habitation.
(e) Prohibit the use of fill for structural support of buildings within Zones V1 — 30, VE, and V on
the community's FIRM.
(f) Prohibit manmade alteration of sand dunes within Zones V1 — 30, VE, and V on the
community's FIRM which would increase potential flood damage.
(g) All manufactured homes to be placed or substantially improved within Zones V1 — 30, V, and
VE on the community's FIRM on sites:
(i) Outside of a manufactured home park or subdivision;
(ii) In a new manufactured home park or subdivision;
(iii) In an expansion to an existing manufactured home park or subdivision; or
(iv) In an existing manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as the result of a flood;
shall meet the standards of subsections (6)(a) through (f) of this section and manufactured
homes placed or substantially improved on other sites in an existing manufactured home park or
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.
Jefferson County Code Chapter 15.15 FLOOD DAMAGE PREVENTION Page 18 of 18
subdivision within Zones Vi — 30, V, and VE on the FIRM shall meet the requirements of
subsection (2)(c)(ii) of this section.
(h) Recreational vehicles placed on sites within Zones V1 — 30, V, and VE on the community's
FIRM either:
(i) Be on the site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to
the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
(iii) Meet the requirements of JCC 15.15.070(1)(a) (Development Permit Required) and
subsections (6)(a) through (f) of this section.
(7) 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 above BFE or to
the height of the 500 -year flood, whichever is higher. Access to and from the critical facility should
also be protected to the height utilized above. Floodproofing and sealing measures must be taken to
ensure that toxic substances will not be displaced by or released into floodwaters. 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. 7-06 Att. A]
The Jefferson County Code is current through Ordinance 6-18, passed July 2, 2018.