HomeMy WebLinkAboutApp. A Ordinance Revisions 042919Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Chapter 15.15
FLOOD DAMAGE PREVENTION
Sections:
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 a
Waslii Oen-Jefferson Coutity does ordain as follows. rn a-
15.1.5.aaa Severability.
If any section, clause,sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of
competent jurisdiction then said holding shall in no way affect the validi!y of the remaining anions of this chapter.
15.15.bbb General exemptions.
To determine if a develo p ment pro posai is exem pt from the reg uirem ent for a flood deve lop mensermit the ro ect
anent shall submit documentation supporting com iiance with the appiicable exemption below for review b
the development services manager, who shall retain documentation of the decision. These exemptions are limited in
scope and shall not be api2roved if any of the following are part of largr development proposal. After review b
the development services manager. the following may be exem t from the requirement for a flood development
pen -nit:
Routine maintenance ofexistina, landscanina that does not involve aradina. excavation. or filling:
2 Removal of noxious weeds. hazardous trees and replacement of non-native ve elation with native ve fetation
provided, weed removal is based on the Jefferson coun1y 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 faciIities,-such as replaci ng power lines and utility
ales but does not include connect ing or extending lines onto private properLy. such as residential A I i1y lines
(4) Normal road maintenance, such as filling potholes, repaving, installing signs and traffic signals;_ provided, no
expansion is proposed,
(5) Nomialmain_tenance 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 forprotection or armor, and
6 Plowing and other normal farm practices on legally existin ■ a ricultural areas roved there is not new
structures, filHing- orground 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
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Jefferson County Code Page 2/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
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.-1-55-22 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, unless expressly alloy+ed under the lloodway provisions of JCC
15,15. Q(A). (Ord 7 06-AR—N]
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 -wand
[Ord 7 06 n,+ n i
(9) To ensure that those who occupy areas within the special flood hazard areaparticipate: ii, 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:
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Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 3/16
(1) Restricting or prohibitingdeyelapinent 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-dqy lopment vulnerable to floods, including facilities which serve such usesdevelopinent, 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;
(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 Am Al
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 SAO, or -AH, -or VO zone on the Flood Insurance Rate Map
(FIRM) with a I percent or greater annual chancre of flooding town average depth of l to 3 feet where a clearly
defined channel does not exist, where the path flooding is unpredictable, and where velocity flow may be evident.
Such f]ooding is characterized bypond ing or sheet flaw. 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 greater
chance of floodina in anv Liven year. It is shown on the Flood Insurance Rate Man [FIRM] as Zone A. AO_ AEI.
AE., A99. AR (V, VO. VE). Special flood hazard area is synonymous in meaning with the phrase area ofspecial
flood hazard.is !he !a d ire the e nePereent- -ehaaev-of-fleedmiag
in any giYen ff. �.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year{ -al
" �.� flGOP); t da..:"atedv
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"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 V 1 30, VE or V.
"Community" means unincorporated Jefferson County. Washington.
"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.
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 4/16
"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 materials4e ated wit Fhe area of specia -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.
"Elevation certificate" n_ r.,,,.,,, 4_I_'Z t) „Sa.t W WaGl? deYelepa}et•H—pie-effa len
to e „r. , , t,
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propeF iestwance pre 7�'un a6means an administrative toot of the
National Flood Insurance Pro ram (NFIP) that can be used to provide elevation information to detennine the prope
insurance premium rate, and to support a renuest for a Letter of Man Amendment (LOMA) or Letter of Man
Revision based on fill (LOMR-
"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 _ d by
a community.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood" or "flooding" means;
-(lIaA general and temporary condition of partial or complete inundation of normally dry land areas from:
(+a) The overflow of inland or tidal waters.or
(2b) The unusual and rapid accumulation of runoff of surface waters from any source.
(c) Mudslide (i.e., mudllows) which are proximately caused by Flooding as ti,i fined in paragraph (l)N of this
definition and are akin to a river of Ii uid and flowing mud on the surfaces of nornial ly d land areas as when
earth is carried by a current of water and deposited along the patli or the current.
(2) The colla se 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 exceedin antici ated c clicaI levels or suddenly caused by an
unusuaIIXhigh water Ieve I in a natural body o,rwater, accompanied by a severe storm, or by an unanticipated force
of nature such as flash flood or an abnormal tidal sure or by some s im i lady unusual and unforeseeable event
which results in flooding as defined in„paragraph (1)(a) of this definition.
"Flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate,
corresnodine water surface elevations or an examination evaluation and determination of mudslide i.e. mudflow
and/or flood -related erosion hazards.
"Flood Insurance Rate Map (FIRM)" means than official map of a community, on which the Federal Insurance
Administration has delineated both the areas of special food 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 commurifty official designated by title to administer and enforce the
floodplain management regulations.
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Jefferson County Code Page 5/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
"Flood roofin " means any combination of structural and nonstructural additions char es or adiustments 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. Floodproofing, as defined here, is limited to the nonresidential development
provisions of 15.15.080(2)(b); floodproofing is not applicable to residential development.
"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 ene-fee #a
designated height.
"Functionally_ dependent use" means a use which cannot perform its intended purpose unless it is located or carried
out in close_ proximity to water. The term includes only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long--
term storage
ong=termstorage or related manufacturing facilities.
" F[ighest adiacentgrade" means the highest natural elevation of'the ground surface prior to construction next to the
proposed walls of a structure.
"Historic structure" means any structure that is:
I 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 hiterior 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;
Individually fisted on a state inventory of historic places in states with historic preservation programs which have
been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that
have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior, or
[U) Directly by the Secretary of the Interior in states without approved programs.
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"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 YanEi!atieit 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 t4e-"nance-wdified-in-44iis-c4vapter•'an initial F1RM or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For
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Jefferson County Code Page 6/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
floodplain management purposes, new construction means structures for which the start of construction commenced
Dlt or after the effective date ofa flood p lain mans gement nu adopted by a coin inuaLt and includes an
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 development that is designed and built to be safe from flooding based on
consideration of current flood elevation studies historical data high water marks and other reliable data known to
the community_ In unnumbered_A zoites where no flood elevation is available, reasonably safe from flooding means
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 ui oses 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 purposes,
means:
(11-A biti_ldin-a 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 ntore sections and affixed to a Wrmanent foundation • or
3 A travel trailer without wheels built on a chassis and affixed to a permanent foundation that is regulated under
tate community's floodplain mana ement and building ordinances or laws.
For_Ihe latter purpose, "structure" sloes not mean a recreational vehicle or a park trailer or other similar vehicle,
except as described in paragraph 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.
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Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 7/16
"Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure eitl}ep:
0-j-Bbefore the "start of construction" of the improvement. -0f FopaiF-is-staffed;
(2) if the swuct-um l}as beeR damaged -and is being ;ester 4;4)e€o
deFinitiai};_ •` e ,
other- ARW4�i�e t lei 4 tlwF-er ire e
SIFUetare. This term includes structures which have incurred "substantial damage", regardless of the actual rep
work performed. The term does not, however, include either:
=Fhe-fie +n-ean ex lade:
(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 "historic structure''-Iisted ^^ the ;as ente><y f
los-tefis-plaeesprovided that the alteration will not preclude the structure's continued designation as a historic
structure.
"Variance" means a grant of relief by a community from the terms of a floodplain management rM'Ulat_i_on,
reel utte�nc�tts-�� i�at�Et�r�#� at-pe��i}}i4s��nstx�c�iaF}-i:=,==n,.-.ner--t#�wat�ld-at#eF►+��r�Tibit�l�ry-�I�s
chapte .
"Violation" means the failure of a structure or other development to be fully compliant with the community's
floodplain inanagemenI regulations. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in 44 CFR section 60.3(b)(5), (c)(4). (c)10, (d)(3), (e)(2),
(e)(4), or e)(5) is presumed to be in violation until such time as that documentation is provided. any a6t OF O 4sieN
seiit+e+• e i 24 houp fwA*A
to antl-diSkel-AoWiew.
"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. [C)rd, 7 0 AW -XI
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 speciai hood 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. area hereby adopted by reference and
declared to be a pard of this chapter. The Flood Insurance Study and the FIRM are on file at Jefferson County
DcRartment of Community Development (621 Sheridan Street, Port Townsend. Washington 98368). The areas e
Wee-ia! fi00d ha Fd ident.il 5- tile FedeFal 1 nSUffinee Adm in i kakll in scienti fie and engineering reports endtle4i
"ry iireni-l-H54 " Q zi'jOAS thffetO, Wi
acif�n ny�ng i�loe}eI-lnstiFaT e
Rate Map nn^ °S�p $ #�er�y-adapt�by }�r€ertx�e�a�d
dec4ared-tc� a payt of! chapter har :�sslira}1G@ ft!}dy d t IG � I RA4 F1i}
deer}i'{.nieiit cf# c rani}}l:rlxy Elevel�pTx�el�i I{ ied at 621 a of 9-369 -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 15.15.070(3)(b).
(3) Changes to Special Flood Hazard Area. If a project will alter the BFE or boundaries of [lie SFHA, then the
project proponent shall provide the community with engineering documentation and analysis rewarding theproposed
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
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Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 8/16
to approvaI of the deveIo pment permiI. The rfl ect shall be constructed in a manner consistent with thea pproved
CLOMR.
( ) Requirement to Submit New Technical Data. Within six months, notiN FEMA of changes in the base flood
elevation by submitting technical or scientific data so that insurance rates and floodplain mans cement requirements
will be based on current data not currently found in this chapter, as re uired b " 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.
(67) 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. [94 7-04 n
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 (�'r, F 81 1) with Section B completed by the local official;
(ii) Elevation in relation to mean sea level to which any structure has been floodproofed;
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Chapter 15.15 FLOOD DAMAGE PREVENTION
(iii) Certification by a 4keffsedrggisteredprofessional {,anti-surveyareugineer Qr architect that the
floodproofing methods for any nonresidential structure meet floodproofing criteria in JCC
15.15.080(2)(b); and
(iv) Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development.
(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 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.
(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.
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Chapter 15.15 FLOOD DAMAGE PREVENTION
(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, 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. rn 6 -Ag -.-4l
(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 h�ury of others;
60 The danger to life and property due to flooding or erosion damage:
(iii) The susceptibility of the 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;
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Chapter 15.15 FLOOD DAMAGE PREVENTION
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(vi) The availability of alternative locations for the proposed use, which are not subject to flooding o
erosion damage;
(vii) The compatibility of the proposed use with existing and anticipated development;
viii The relationship of the proposed use to the comprehensive 121an and flood Iain mann ement propram
for that area;
Ox) -The -safety of access to the prepeM in time of flood for ordinM and ernergency emergencyvehicles,
x The expected height, velocity, duration rate of rise and sediment transport of the flood waters expected
at the site; and
xi The cans ofrovidin 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 from liydrodynamic and hydrostatic loads including the effects
of buoyancy. -
(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. For 'e-elo"ed
info.- on, Fefer- toguihistallatk Flnoa 4a- {-Afea
(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.
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Chapter 15.15 FLOOD DAMAGE PREVENTION
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(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;
(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. The followingprovisions are required:Addit4ona"ta*daFds-were-c4af4fln.,d—
T-ec-km+sal-3u11e6r-1nom, -01 to a4ow—erawlspaee
ho-::evepi-a4opti-thispre-As ian
(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:; and
(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 4eerfsed4apdyeue istg Bred professional engineer ar architect that the design
and methods of construction are in accordance with accepted standards of practice for meeting provisions
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Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
Page 13/16
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); and
(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.. when:
(i) Outside a manufactured home park or subdivision;
00 In a new manufactured home park or subdivision;
(iii) An expansion to an existing manufactured home park or subdivision:
{iv) On a site in an existing park which a manufactured home has incurred substantial damage as a result of
a flood.
(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 {uFbut 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 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:: and
(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.
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(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 81Twith Section E completed; or
(ii) Together with attendant utility and sanitary facilities, be o9w14etel-y-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-; and
(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 VI — 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)
ection-;
(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 —
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Jefferson County Code Page 15/16
Chapter 15.15 FLOOD DAMAGE PREVENTION
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 1 — 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
(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 VI — 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 V1 —
30, V, and VE on the FIRM shall meet the requirements of subsection (2)(c)(ii) of this section. -Land
(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
Jefferson County Code
Chapter 15.15 FLOOD DAMAGE PREVENTION
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(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. rnra 7 06 Att. Al
M Apgurteiiant Structures Detached Gara gs and Storage Structures). In A Zones A AE A 1-30 AH AG
appurtenant structures used solely for parking of vehicles stora a or access may be constructed such that the floor
is below the BFEprovided the structure is desigLied and constructed in accordance with the following, re uirements:
fa)-[ of the ap urtenant structure must be limited to parking of vehicles or store e
fJ The portionsof the appurtenant structure located below the BFE must be built using flood resistant
materials;
{e) The appurtenant structure must be adectuat_e_ly_anchored to prevent flotation, collapse, and lateral movement;
(d) Any machinery or equipment servicing the appurtenant structure must be elevated or Iloodproofed to or
above the BFE;
e The appurtenant structure must comply with 'floodway encroachment provisions in subsection (d)(a) of this
section-, and
The appurtenant structure must be designed to allow for the automatic ent and exit of flood waters in
accordance with subsection (2)(aKii) of this section.
Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be
constructed in accordance with a_ll applicable standards in subsection (1)(b) of this section.
Upon completion of the structure, certiftcat':_oa that the requirements of this section have been satisfied shall be
provided to the floodplain administrator for verification.
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