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HomeMy WebLinkAboutCAM20-00346 BSD Class Bldg CAM20-00346 December 8, 2020 Joel Peterson, AICP Background • New Flood Insurance Rate Maps were adopted by Jefferson County on June 7, 2019. The updated FIRM maps cause the old elevation certificates to be outdated because they use a different datum for measurement now. A new flood elevation certificate is required. • A school is included in the definition of “Critical Structure” and shall be elevated at least three feet above Base Flood Elevation. For buildings in A zones, elevations a, b, d, and e on the elevation certificate should be measured at the top of the floor. (See diagrams in attached Elevation Certificate instructions.) • A flood development permit requires a review of effects on base flood elevation and Threatened & Endangered Species. FEMA refers this as a Habitat Assessment. • The floodplain and wetlands extend Shoreline Jurisdiction through the development site. 18.25.200. • Justification to use Exemption from Shoreline Development Permit JCC 18.25.560(2) was accepted by the UDC Administrator: • Modular buildings are often replaced rather than repaired. “Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or the environment.” • FEMA policy in 15.15 & SMP policy would suggest moving the structure slightly from its original footprint, places the structure in a better position by moving half of the original footprint closer to the existing development, further away from the direction of flood waters and the further away from shoreline jurisdiction, though is wholly within it still. • The shoreline development permit exemption would allow an administrative approval at DCD rather than approval by Ecology, thus shortening the review and approval process significantly. The following text is primarily from Jefferson County Code (JCC) and I’ve highlighted text from code requirements or showing the path through the code. Chapter 15.15 Flood Damage Prevention 15.15.070(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” CAM20-00346 December 8, 2020 Joel Peterson, AICP (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 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 registered professional engineer or 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. Elevation Certificate Required “Elevated building” means, for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. 15.15.070(3)(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 with Section B completed by the local official. [For elevated non-residential buildings with no basement, the measurement is taken at floor level as shown in the Elevation Certificate instructions.] (ii) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS (Flood Insurance Study), 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. CAM20-00346 December 8, 2020 Joel Peterson, AICP 15.15.080(2)(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 [see 15.15.080(7) regarding Critical Structures = three feet]; 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 registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in 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. 15.15.080(2)(a)(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. See diagrams in FEMA, 2019. Instructions for Completing the Elevation Certificate. 15.15.080(2)(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; (ii) 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 where a manufactured home has incurred substantial damage as a result of a flood. CAM20-00346 December 8, 2020 Joel Peterson, AICP 15.15.080(3) AE and A1-30 Zones with Base Flood Elevations but No Floodways. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. [This is a required finding by your surveyor or engineer.] Critical Facility--Definition (15.15.030) “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. 15.15.070(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 [my emphasis] 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. Chapter 18.22 Critical Areas—Frequently Flooded Areas, Fish & Wildlife Habitat Conservation Areas, Wetlands Frequently Flooded Areas--Habitat Assessment 18.22.430 Protection Standards This article incorporates by reference the classification, designation and protection provisions contained in the Jefferson County flood damage prevention ordinance (Chapter 15.15 JCC) with the following additions: (1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance (Chapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with the Federal Emergency Management Agency (FEMA) regulatory requirements. Such flood hazard areas shall be subject to the criteria of the flood damage prevention ordinance (Chapter 15.15 JCC). (2) Compliance with National Marine Fisheries Service Biological Opinion. Development proposed within regulated frequently flooded areas and floodplains shall ensure no impacts to listed fish and wildlife habitat as required by the National Marine Fisheries Service (NMFS) September 22, 2008, final Biological CAM20-00346 December 8, 2020 Joel Peterson, AICP Opinion (BiOp) under the Endangered Species Act (ESA) on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.: 2006-00472 (or as amended by NMFS)). (3) Habitat Assessment Requirements. (a) A habitat assessment that meets all the requirements of JCC 18.22.940 shall be submitted to the department for review if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). (b) The administrator may request federal assistance in reviewing the submitted habitat assessment. (c) The administrator may waive the requirement to submit a habitat assessment only if: (i) The entire proposal meets one of the exemptions listed in Chapter 15.15 JCC and does not require a state hydraulic permit; [No exemptions in Ch. 15.15 are met.] (ii) The proposal requires a federal permit that is reviewed by federal agencies responsible for ensuring compliance with the Endangered Species Act (this could include, but is not limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of the Endangered Species Act); iii) A habitat assessment previously has been prepared and the proposed project clearly fits within the nature and scope of that habitat assessment; or (iv) If FEMA approves an alternate process for Jefferson County to demonstrate compliance with the Biological Opinion (such as a programmatic review), this department may waive the requirement to submit a habitat assessment. [Ord. 5-20 § 2 (Appx. A)] 18.22.940 Frequently flooded area reports. (1) Habitat Assessment Required. A habitat assessment shall be submitted if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). (2) Standards for Habitat Assessment. (a) In addition to the general requirements found at JCC 18.22.905, frequently flooded area reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA). (b) Habitat assessments also shall be prepared to comply with Article IV of this chapter and the flood damage prevention ordinance, as codified in Chapter 15.15 JCC. [Ord. 5-20 § 2 (Appx. A)] 18.22.905 General requirements for Special Reports (1) When Special Reports Are Required. The administrator may require a special report or reports if any portion of a proposed development or use has the potential to negatively impact a critical area or encroach upon a buffer, and that impact or encroachment requires mitigation, consistent with the standards found in this chapter. CAM20-00346 December 8, 2020 Joel Peterson, AICP (2) Standard Requirements. Special reports shall be prepared for review and approval by the administrator. In addition to specific requirements of particular special reports described in this article, each special report shall describe narratively and show graphically, if applicable, the following: (a) The proposed activity, location and dimensions; (b) Existing site conditions and property boundaries preferably on a scaled site plan with structures, features and geographic location described and graphically depicted; (c) All critical areas and their buffers on the project site; (d) Assess potential impacts to critical areas function and values per the specific requirements described in this article for each critical area type; (e) Propose mitigation for unavoidable losses and impacts to critical areas; (f) Identify amount of and limits of clearing, grading, and impervious surface on a stormwater calculation worksheet, if applicable; and (g) Present photographs of the project site. (3) Special reports shall be valid for five years from the date the report was prepared and report validity may be extended by the administrator; provided, critical area conditions, including buffer conditions, have not changed since the special report was written. The administrator shall have the authority to require a revised special report, as needed, to satisfy all the provisions of this chapter. [Ord. 5-20 § 2 (Appx. A)] Fish and Wildlife Habitat Conservation Areas (FWHCA) In this circumstance, the FWHCA is the Shoreline Buffer, which in this area is difficult to ascertain where the 150-foot would be measured. I recommend that the person doing the Habitat Assessment also write-up required findings for JCC 18.22.640 and submit a Habitat Assessment that covers FWHCA Habitat Management Report requirements at 18.22.650: 18.22.640 Buffer reductions and averaging (1) The administrator shall have the authority to reduce buffer widths on a case-by-case basis; provided, the specific standards for avoidance and minimization in JCC 18.22.660 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria are met: (a) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area. (b) The buffer shall not be reduced to less than 75 percent of the standard buffer, unless it can be demonstrated through a special report prepared by a qualified professional that there will be no net loss of FWHCA functions or values. (c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent. CAM20-00346 December 8, 2020 Joel Peterson, AICP 18.22.650 Habitat management reports – When required (1) When a development, use, or activity is proposed on lands designated as a fish and wildlife habitat conservation area or a buffer, a habitat evaluation may be required. An on-site habitat evaluation determines if FWHCAs or buffers occur in the project area. (2) If the proposed use, development, or activity occurs in marine water, a dive survey shall be required to determine if any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal. (3) Evaluations shall be conducted pursuant to the special report requirements found in Article IX (Special Reports) of this chapter. (4) Types of Reports. When required by this section, an applicant shall submit a report documenting the results of the habitat evaluation for county review and approval. Based on the results of the site evaluation, a report shall be prepared by a qualified professional and either be: (a) Habitat Reconnaissance Letter. This type of report shall be used if the field evaluation determines that no regulated fish and wildlife habitat conservation area or buffer is present in the proposed project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a wildlife biologist based on requirements presented in Article IX (Special Reports) of this chapter. (b) Habitat Management Plan. This type of report shall be used if the field evaluation determines that any portion of the proposed project occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of clearing for construction. This type of report shall be used if a proposed buffer reduction or buffer averaging does not exceed 25 percent of the standard buffer width, as shown in Tables 18.22.630(1) and (2). Habitat management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter. (c) If the proposal cannot meet the mitigation or critical areas stewardship plan requirements of this chapter, a critical area variance or reasonable use exception in JCC 18.22.250 or 18.22.260 shall be followed and a habitat management plan shall be required. An applicant may pursue a financially bonded critical area stewardship plan (CASP) as applicable under JCC 18.22.965, provided the proposal can meet all CASP financial and other provisions. (d) If a dive survey is required, the results of the survey shall be described in a report and supported by photos taken underwater. [Ord. 5-20 § 2 (Appx. A)] Shorelands 18.25.100(19)(m) ***“Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from and perpendicular to the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the CAM20-00346 December 8, 2020 Joel Peterson, AICP provisions of Chapter 173-22 WAC, as may be amended; the same to be designated as to location by the Department of Ecology, as defined by Chapter 90.58 RCW. Shoreline Jurisdiction and with Flood Zone Extension Shoreline Master Program (SMP) is silent on public facilities in shoreline jurisdiction, Natural designation. Wetlands Red line shown on the map below is approximately 40 feet long for scale. CAM20-00346 December 8, 2020 Joel Peterson, AICP The wetland depicted in Jefferson County’s GIS mapping tool is approximately 40 feet from where the replacement building will be located. The wetland polygon is nearly 2 acres in size (> 0.1 acre if Category IV) so it would be regulated by Jefferson County. (18.22.710) A wetland review is necessary (18.22.730) and the ranking data sheets will use protection standards for “High Intensity Land Use”. As an example, a Category IV wetland with a high impact buffer would be 50 feet. The delineation and ranking will tell you where the wetlands are and the prescriptive buffer width. A buffer reduction is possible pursuant to JCC 18.22.730(9). A reduced high-impact buffer for a Category IV wetland can be 40 feet. The reduction is achieved through a mitigation plan and would be addressed in the Habitat Assessment/Habitat Management Plan. Checklist  Process the project under a Shoreline Exemption Approval for repair & replacement (18.25.560(2)).  Begin Flood Elevation Certificate to determine pre-construction Base Flood Elevation using new datum. CAM20-00346 December 8, 2020 Joel Peterson, AICP  Habitat Assessment for FEMA, and Habitat Management Plan for FWHCA, can be combined as long as required findings are made. This does not have to be a large, extensive report. Just needs to meet required findings.  Wetland Reconnaissance. Submit report and field data sheets. Types of wetland evaluations are addressed in 18.22.710(4) and is determined by what is found. I suggest a Wetland Reconnaissance may be sufficient, but your wetland biologist will make a determination based on field findings.  Cultural Resources. During permit review, DCD will send a 14-day project review request to DAHP and Tribes for comments.