HomeMy WebLinkAbout07 0515 06
STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF: }
ESTABLISHING A FLOOD DAMAGE }
PREVENTION ORDINANCE }
ORDINANCE NO. 07-0515-06
WHEREAS, the Board of Jefferson County Commissioners ("the Board"), as required
by the Federal Emergency Management Agency, adopted Flood Damage Prevention Ordinance
No.18-1120-95 on November 20, 1995 in accordance with the Code of Federal Regulations
(CFR) Title 44 Parts 59 and 60; and
WHEREAS, the Department of Ecology conducted a technical review of the Jefferson
County Flood Damage Prevention regulations and codes during a Community Assistance Visit
(CA V) on August 16,2005, and set in motion and now completed a proper professional review;
and
WHEREAS, the Department of Ecology, as result ofthis Community Assistance Visit,
required substantive changes to the existing Jefferson County Flood Damage Prevention
Ordinance, and in writing on November 2,2005, outlined the minimum regulatory standards for
participation in the National Flood Insurance Program (NFIP);
WHEREAS, the Board reviewed a draft Jefferson Flood Damage Prevention Ordinance
to replace the existing ordinance along with a staff report outlining higher regulatory standards;
and
WHEREAS, a notice of public hearing on the draft Flood Damage Prevention
Ordinance was properly noticed in the local newspaper and Board has reviewed and voted upon
the proposed Flood Damage Prevention Ordinance and heard all comments related thereto; and
WHEREAS, the County shall participate in the National Flood Insurance Program's
Community Rating System that encourages and rewards communities that undertake public
awareness and floodplain activities beyond those required by the National Flood Insurance
Program standards to the extent desired by the public.
Ordinance No. 07-0515-06 re: Flood Damage Prevention Ordinance
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners that the existing Flood Damage Prevention Ordinance, codified as Title 15
Chapter 15 of the Jefferson County Code is repealed and replaced with the attached Flood
Damage Prevention Ordinance ("Attachment A.")
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/" AP!?R'OY'EQ AND ADOPTED this 15th day of May.
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Page 2 of2
"ATTACHMENT A"
ORDINANCE NO. 07-0515-06
CHAPTER 15.15
15.15.010
15.15.020
15.15.030
15.15.040
15.15.050
15.15.060
15.15.070
15.15.080
STATUTORY AUTHORIZATION
FINDINGS OF FACT
STATEMENT OF PURPOSE
METHODS OF REDUCING FLOOD LOSSES
DEFINITIONS
GENERAL PROVISIONS
ADMINISTRATION
PROVISIONS FOR FLOOD HAZARD REDUCTION
15.15.010
15.15.020
15.15.030
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 of Washington, does ordain as
follows:
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
flood proofed, 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 ordinance.
(4) Jefferson County regulates development in frequently flooded areas through
critical area protection standards found in JCC 18.15.
(5) Regulations that govern development in flood hazard areas may be found in
JCC 18.25 - Shoreline Master Program.
(6) Regulations that govern development in flood hazard areas may be found in
JCC 15.05 - Building Codes.
(7) Regulations that govern development in flood hazard areas may be found in
JCC 18.30 - Development Standards.
(8) Regulations that govern development in flood hazard areas may be found in
JCC 8.15 - On Site Sewage Disposal Systems.
(9) Development is prohibited in floodways.
STATEMENT OF PURPOSE
It is the purpose of this ordinance 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;
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15.15.040
(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.
METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance 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 flood plains, 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.
15.15.050 - DEFINITIONS
ApPEAL: a request for a review of the interpretation of any provision of this ordinance or a request for a
vanance.
AREA OF SHALLOW FLOODING: 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 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 flood plain within a community subject to a one
percent or greater chance of flooding in any given year. Designation on maps always includes the letters
AorV.
BASE FLOOD: the flood having a 1% chance of being equaled or exceeded in any given year (also
referred to as the "lOO-year flood"); these areas are designated on Flood Insurance Rate Maps by the
letters A or V.
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.
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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 Vl-30, VE or
V.
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 man-made 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.
ELEVATION CERTIFICATE: means the official form (FEMA Form 81-31) used 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.
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, post, piers, pilings, or columns.
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.
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 a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1) The overflow of inland or tidal waters and/or
2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM): means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
FLOOD INSURANCE STUDY (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.
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FLOODWAY: means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
INCREASED COST OF COMPLIANCE: 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 lee 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 lee
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 non-elevation design
requirements of this ordinance found at Section 5.2-1(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) ofland divided
into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION: means structures for which the "start of construction" commenced on or after the
effective date of this ordinance.
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.
RECREATIONAL VEHICLE: means a vehicle,
1) Built on a single chassis;
2) 400 square feet or less when measured at the largest horizontal projection;
3) Designed to be self-propelled or permanently towable by a light duty truck; and
4) 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
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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: a walled and roofed building, including a gas or liquid storage tank that is principally
above ground.
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 repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure either:
I) Before the improvement or repair is started; or
2) lfthe 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:
I) 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.
VARIANCE: means a grant of relief from the requirements of this ordinance that permits construction in a
manner that would otherwise be prohibited by this ordinance.
VIOLATION: means any act or omission contrary to this Ordinance or not in compliance with this
Ordinance. 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.
15.15.060 - GENERAL PROVISIONS
(1) LANDS TO WHICH THIS ORDINANCE ApPLIES
This ordinance 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, "The 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
ordinance. 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 Section
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15.15.070 (3) (b) shall be the basis for regulation until a new FIRM is issued that incorporates
data utilized under Section 15.15.070 (3) (b).
(3)PENAL TIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with' the terms of this ordinance and other applicable regulations.
Violations of the provisions of this ordinance by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions),
shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with
any of its requirements shall 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 ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
(5) INTERPRETATION
In the interpretation and application of this ordinance, 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.
(6) WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
ordinance does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of Jefferson County, any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result from reliance on this ordinance or
any administrative decision lawfully made hereunder.
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 Section 3.2. The permit shall be for all structures
including manufactured homes, as set forth in the "Definitions," and for all development
including fill and other activities, also as set forth in the "Definitions."
(b ) ApPLICATION FOR DEVELOPMENT PERMIT
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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 (FF 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 survey that the floodproofing methods for any
nonresidential structure meet floodproofing criteria in Section 5.2-2;
(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 ordinance by granting or denying development permit applications in accordance
with its provisions.
(3) DUTIES & 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
ordinance 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
Section 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
Section 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 Sections 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 Section 15.15.070 (3) (b), 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.
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(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 Section 15.15.070
(3)(b):
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 Section 15.15.070 (l)(b)(iii)
(iii)Maintain for public inspection all records pertaining to the provisions of this ordinance.
(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,
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.
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(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 15.15.070(4)(b), and otherwise complies with Sections 15.15.080(1)(a),
15.15.080(1)(c), and 15.15.080(d) of the GENERAL STANDARDS.
(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.
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. For more detailed information, refer to guidebook, FEMA-85, "Manufactured
Home Installation in Flood Hazard Areas. "
(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 mImmIze 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 mImmIze or
eliminate infiltration of flood waters into the systems and discharges from the systems into
flood waters;
(iv) Onsite waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(d) 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,
10
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 5 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 (Section l5.l5.070(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 Section 15.15.060(2), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,
or Section l5.15.070(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%
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;
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(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
(iii) Be certified by a licensed land surveyor that the design and methods of construction are in
accordance with accepted standards of practice for meeting provisions of this subsection
based on their development and/or review of the structural design, specifications and plans.
Such certifications shall be provided to the official as set forth in Section 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 15.15.070 (2) (a)(ii);
(c) MANUFACTURED HOMES
(i) 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 15.15.080(2)(c) above and the elevation and anchoring
requirements for manufactured homes.
(3) AE AND AI-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 AI-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 Section 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
12
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 Section 15.15.080(4)(a) is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Section 15.15.080,
PROVISIONS FOR FLOOD HAZARD REDUCTION.
(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 1 to 3 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 ifno depth number is specified) Recorded on a current elevation certificate (FF 81-31)
with section E completed; or
ii) Together with attendant utility and sanitary facilities, be completely flood proofed 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 section 15.15.080(2)(b)(iii).
(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 15.15.080(5)(a) and 15.15.080(5)(c) above and the anchoring
requirements for manufactured homes (Section 15.15.080(1)(a).
13
(6) COASTAL HIGH HAZARD AREAS
Located within areas of special flood hazard established in Section 3.2 are Coastal High Hazard
Areas, designated as Zones Vl-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 ordinance, the following provisions shall also apply:
(a) All new construction and substantial improvements in Zones Vl-30 and VE (V ifbase 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 Section l5.l5.080(6)(a)(i) and (ii).
(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 Vl-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 Vl-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 Vl-30, VE,
and V on the community's FIRM have the space below the lowest floor either free of
obstruction or constructed with non-supporting 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 non-
structural). 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
14
(lOO-year mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be useable 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 Vl-30, VE, and V on
the community's FIRM.
(f) Prohibit man-made alteration of sand dunes within Zones Vl-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 Vl-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 paragraphs 15.15.080(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 Vl-30, V, and VE on the FIRM shall
meet the requirements of Section 15.15.080(2)( c )(ii).
8) Recreational vehicles placed on sites within Zones Vl-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 Section 4. I-I (development permit required) and paragraphs
15.15.080(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) (lOO-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 ofthe 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.
15
Consent Agenda
10:00 AM
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
John Fischbach, County Administrator
FROM: Al Scalf, Director of Community Development
Long Range Planning Staff
DATE: Monday, May 1, 2006
SUBJECT: Legal Notice for BoCC public hearing May 15 re: Title 15 amendments for
Flood Damage Prevention chapter of Jefferson County Code
STATEMENT OF ISSUE:
The Washington State Department of Ecology (DOE) conducted a review of Jefferson County's
procedures for administering and enforcing floodplain regulations. This August 16, 2005 visit, known as a
Community Assistance Visit (CAV), started a time sensitive process to amend the Jefferson County Flood
Damage Prevention Ordinance Number 18- 1120 -95 because DOE uncovered deficiencies in the county's
code. On November 2, 2005, DOE followed up with a letter, which is attached as Exhibit A, emphasizing
that Jefferson County needs to approve changes to the Ordinance, codified as Title 15.15, either by
adopting the Model Ordinance or making the necessary changes. On November 30, 2005, DOE wrote to
Community Development stating, "Chapter 15.15 of the JCC is very convoluted and I would suggest that
you refer to the attached Washington State Model Ordinance as you work through the required updates."
Jefferson County businesses and homes located within designated flood hazard areas are eligible for
federal flood insurance. Although the county has minimally complied with the DOE requirements by
incorporating FEMA's elevation certificates (FEMA Form 81 -31), DOE noted in its November 2, 2005
letter that' The County will need to amend Chapter 15.15 within 90 days of the date of this letter in order
for us (DOE) to certify to FEMA that your (Jefferson County's) regulations are fully compliant, and in order
for us (DOE) to close the CA V."
LIST OF ATTACHMENTS:
1. November 2, 2005 letter from Ecology
2. Draft Model Ordinance
3. Draft Legal Notice for BoCC Public Hearing for 11:00AM, May 15, 2006
4. List of Additional Public Safety and Insurance Reduction Measures that can be adopted.
5. Existing Jefferson County Flood Damage Prevention Ordinance.
ANALYSIS /STRATEGIC GOALS/PROS and CONS:
HISTORY.• National Flood Insurance Program (NFIP) indemnifies property owners whose real property is
damaged in a storm or flood event. The NFIP is a Federal program enabling property owners in
participating communities to purchase insurance protection against losses from flooding. This insurance
is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of
repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on
1
Consent Agenda
10:00 AM
an agreement between local communities and the Federal Government that states if a community will
adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in
Special Flood Hazard Areas, the Federal Government will make flood insurance available within the
community as a financial protection against flood losses. (Source: Department of Homeland Security)
An analysis of the county's options include: 1) Do Nothing, 2) Adopt the Existing Model Ordinance, or 3)
Rewrite the county's existing Flood Ordinance. An overview of the options appears below.
1) Do Nothing: If the county does nothing homeowners and businesses that are located within Special
Flood Hazard Areas will no longer qualify for federal flood insurance.
2) Adopt the Model Ordinance: There are two choices under this option:
a. Adopt as is or,
b. Adopt with changes that borrow from other county's codes, or incorporation from the existing
code.
If the county adopts the existing model Ordinance as is, the basic minimum federal and state regulations
will be met. This option could be adopted as is. Alternatively, the county could adopt the model
ordinances and make changes to it as King, Pierce and Snohomish Counties already have done. These
counties entered the National Flood Insurance Program's Community Rating System so that they could
qualify for steep discounts in insurance premiums. They are now receiving some of the country's highest
community ratings, a number 2; there is no county with a number 1 rating. Centralia has also enacted
codes that strengthen the Model Ordinance, protecting the public by creating incentives for its residents to
reduce their exposure to flooding, thereby reducing the cost of insurance for all property owners. By
enacting a new flood damage, staff anticipates a CRS class rating of 8 or better.
3) Rewrite the county's existing Flood Ordinance: If the county chooses to rewrite the existing Jefferson
County Ordinance Number 18- 1120 -95, staff time will be spent researching the history of the current
language, its relationship to the model ordinance and the federal and state minimums requirements
thereby duplicating the DOE efforts. This option, however, will require the most amount of staff time
and may be inconsistent with DOE and FEMA.
FISCAL IMPACT /COST - BENEFIT ANALYSIS:
The cost to enact the program and to participate in the community rating system would be between 50 to
200 hours of staff time over one year; this figure depends upon the level of interest in reducing county
premiums by including among other things, educational information for property owners and adding
voluntary language to the Flood Prevention Ordinance.
According to FEMA, in the long term through the NFIP, property owners in participating communities are
able to insure against flood losses by executing floodplain management. Careful local management of
development in the floodplains results in construction practices that can reduce flood losses and the high
costs associated with flood disasters to all levels of government. The financial cost of not entering this
program could be high to property owners in such areas, measured by property damage from floods and
loss of life and loss of economic revenue. Barring a FEMA designation of Jefferson County as an
emergency zone, property owners without flood insurance will have to self- insure, i.e., cover loss out of
pocket. More importantly, uninsured and underinsured property leads to high exposure to risk, especially
given the fact that floodplains near major rivers such as the Big and Little Quil, Duckabush, Dosewallips,
Hoh, Snow and Salmon are developed or developable; several properties already have suffered repetitive
loss from flooding.
Direct benefits include lower flood insurance premium rates, discounted to reflect the reduced flood risk
resulting from meeting three goals: (1) reduce flood losses; (2) facilitate accurate insurance rating; and (3)
promote the awareness of flood insurance. Jefferson County, one of several counties in the State of
Washington with an elevated risk of storm and flood damage, could benefit from lower flood insurance
Consent Agenda
10:00 AM
premiums discounted in increments of 5 %. Moreover, the Community Rating System (CRS), part of the
NFIP, goes beyond the minimum standards for floodplain management, providing discounts up to 45% off
flood insurance premiums. Under this program, while a Class 1 community receives a 45% premium
discount, a Class 9 community receives a 5% discount (a Class 10 is not participating in the CRS and
receives no discount). The estimate yearly cost savings are identified below.
Estimates of CRS Impacts By Class
For Jefferson County, WA
CRS Class
% Discount
Total Annual Savings
Savings per Policy
9
5
$3000
$36
8
10
$5,600
$71
7-
15
$8,200
$107
6
20
$11,200
$142
5
25
$14,000
$178
4
30
$16,500
$213
3
35
$19,000
$249
2
40
$22,575
$285
1
45
$25,172
$320
Source: Robert Flanner, Tetra Tech/KCM, Inc., Feb. 23, 2006
Furthermore, the county gets additional credit for programs already enacted. Most importantly, Jefferson
County's flood insurance would be reduced even further because it has enacted voluntary programs such
as Open Space Land: Public Benefit Rating System and Open Space Agriculture, which are coded in
RCW 84.34 and Resolution 82 -91, entitled Jefferson County Open Space Tax Program. By working
cooperatively with state agencies such as Washington Department of Fish and Wildlife and the
Department of Natural Resources to purchase real property within floodplains for the benefit of fish and
wildlife, the county accrues points that further reduce the insurance premiums for all property owners
within flood hazard areas.
RECOMMENDATION:
Staff recommends scheduling the public hearing in anticipation of adopting a new flood ordinance and
replacing the existing flood damage prevention chapter in JCC Title 15.
REVIEWED BY:
Ov-q4_;� (112410.4 John Fischbach, County Administrator Date
UN 0 _
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775 • Olympia, Washington 9$SO4 -7775 • (360) 407 -6300 -
November 2, 2005
County Adminisrator John Fischbach
Jefferson County
1820 Jefferson St
P.O. Box 1220
Port Townsend, WA 98368
RE: National Flood Insurance Program
Dear County Administrator Fischbach:
I appreciated the opportunity to meet with County officials on Tuesday, August 16, 2005, to discuss
Jefferson County's participation in the National Flood Insurance Program (NFIP). This meeting, called a
Community Assistance Visit (CAV), was conducted with your Community Development Director, Al
Scalf. Let me first start by saying I very much appreciate the professionalism and thorough knowledge of
the NFIP that was exhibited by Mr. Scalf.
This letter summarizes the findings of the CAV and steps that will need to be taken by the County to
ensure full compliance with the provisions of the NFIP, found within the Code of Federal Regulations at
"CM Parts 59 and 60.
A primary purpose of our visit was to review your procedures for administering and enforcing your
floodplain regulations, which are contained in Chapter 15.15 of the Jefferson County Municipal Code.
Continued enforcement of this code will enable FEMA to continue to allow flood insurance to be sold in
the unincorporated areas of the County. Other purposes of these visits are to provide you with the most
current information on the NFIP and State regulations, as well as to give your staff an opportunity to ask
questions and discuss issues concerning any aspect of the City's floodplain management program.
The CAV did uncover deficiencies in your floodplam regulations at Chapter 15.15. While the
deficiencies are mainly minor in scope, I identified several areas of the code where there required items
are either missing or where technical changes will be necessary to ensure full compliance with the
Provisions of the National Flood Insurance Program. These items include recreational vehicles,
manufactured homes, and floodways. Additionally there is a need to add some required definitions to the
Chapter as well as the need to modify the language associated with "development" so that it is compliant
with 44 CFR, Section 59.1. The specific deficiencies are found in the Enclosure to this letter. The Cowity
mdill need to mnend Chapter 15.15 within 90 days of the date of this letter in order for us to certify to
FE.4" Hurt your regulations ore fully compliant, and in order far us to close the CAV.
Procedures for Implementation - It is important that the County continue to follow, and strengthen,
Procedures that will track all permit applications to be sure they are thoroughly reviewed, when
applicable, per Chapter 15.15 of the Municipal Code. These written procedures do not need to be
lengthy, but need to address at least the following:
• All development permits for cases in or near flood hazard areas need to be reviewed, first, to
determine if they are actually within the floodplains on the FMEA maps. Procedures should
specify who performs this review and where it is done in the process.
0
• A current Elevation Certificate (EC) needs to be provided by the County with Section B, dealing
with flood map information, completed by the County. The applicant must have his/her surveyor
fully complete Section C and other appropriate sections on the basis of finished construction, and
return the EC prior to the County issuance of a Certificate of Occupancy.
• How building permits for all development, but especially for new construction and substantial
improvements of residential structures, will be referred among building, planning and public
works staff to assure a check to determine if the proposal is in a flood hazard area.
• The procedure needs to address how the County will handle improvements to existing structures
to be certain that if they are "substantial improvements", the structures will be required to be
elevated.
• The procedure needs to outline, in specific terms, how the County will handle permits for "other
development" as cited in 15.15. These permits are typically issued for activities such as fill and
grading activities within the floodplain.
Floodplain Development Compliance — A Field Inspection Report is one method the Department of
Ecology Floodplain Management Program uses to document cases in which additional information is
needed to determine compliance with the National Flood Insurance Program (NFIP). A tour of the
floodplains within the County has identified several specific development cases in which we are
requesting additional information, including copies of permits and associated Elevation Certificates.
Please provide copies of development permits, elevation certificates (if appropriate), and occupancy
certificates for the following addresses:
1. 311939 Highway 101
2. 243 Robinson Road
3. 309 - 881,309 -889, and 309 -885 Robinson Road
In summary, the County needs to amend Chapter 15.15 of the JCMC to address all of the deficiencies
specified in the Enclosure, and will need to prepare a brief written procedure on how development cases
will be reviewed against this Chapter. These measures will need to be completed within 90 days of this
date, or by February 3, 2006. Please urovide us with a draft of the ordinance amendments so that we may
review them prior to adoption
The time spent with Al Scalf was very constructive. I would like to personally convey my appreciation to
your staff for a job well done! I am certain that their knowledge of NFIP requirements, together with the
changes in the local flood ordinance and writes procedures, will result in a flawless program in Jefferson
County.
Please call me at (360) 407 -7253 if you have any questions.
Sincerely,
Kevin B. Farrell
Floodplain Management Specialist
Southwest Regional Office
KBF:dn
cc: Sarah Hawkins, FEMA
Dan Sokol, Ecology
Al Scab', Jefferson County
Enclosure to Administrator Fischbach November 2, 2005 Letter
Deficiencies in Chapter 15.15 of the Jefferson Countv Municipal Code
The deficiencies in Chapter 15.15 are described in accordance with the attached Evaluation Sheet.
The Evaluation Sheet replicates the FEMA -State Model Ordinance, so most of the language is
readily available from this sheet. Also attached is the Model Ordinance itself, which has measures
the Evaluation Sheet does not have, mainly the definitions.
The following three definitions will either need to be added or changed to ensure full compliance
with FEMA requirements under the Code of Federal Regulations. The language should be copied
verbatim.
BAsiNIENr: means any area of the building having its floor sub -grade (below ground level) on
all sides.
DEVELOPMENT: means any man -made 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 egnipment or materials located within the area of
special flood hazard. .
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 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, ceding, 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 heaW sanitary, or safety code specifications which have been previously identified by the
local code enforcement official and which are the minimum necessary+ to assure s , e living
conditions or
2) Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
The following definitions are provided for your convenience. While they are not all required per
44 CFR 59. 1, we strongly encourage the County to include them, verbatim, within your
regulation to afford you with greater legal control of activities in the floodplain.
APPEAL: a request for a review of the interpretation of any provision of this ordinance or a
request for a variance.
AREA OF SHALLOW FLOODING: 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 characterized as sheet flow; AH
indicates ponding, and is shown with standard base flood elevations.
AREA OF SPECIAL FLOOD AAzAnn: is the land in the flood plain 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 V.
BASE FLOOD: the flood having a 1% chance of being equaled or exceeded in any given year (also
referred to as the "100 -year flood "). Designated on Flood Insurance Rate Maps by the letters A
or V.
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 VI-30, VE or V.
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.
** ELEVATION CERTIFICATE: means the official form (FEMA Form 81 -31) used 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.
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, post, piers,
pilings, or columns.
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.
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 a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1) The overflow of inland or tidal wagers and/or
2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FUM: means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
FLOOD INSURANCE STUDY (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.
FLOODWAY: means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
** INCREASED COST OF COMPLIANCE: 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." (Additional information
can be found in FEMA ICC Manual 301)
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 SUSDiv1SION: means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION: means shuctures for which the "start of construction" commenced on or
after the effective date of this ordinance.
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.
RECREATIONAL VEHICLE: means a vehicle,
1) Built on a single chassis;
2) 400 square feet or less when measured at the largest horizontal projection-
3) Designed to be self - propelled or permanently towable by a light duty tuck; 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 improvemeut, 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 cohmms, 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 aheration of any wall, ceiling, floor, or other structural ral part of a building, whether or not
Oat alteration affects the external dimensions of the building.
STRUCTURE: a walled and roofed building, including a gas or liquid storage tank that is
principally above ground.
VARIANCE: means a grant of relief from the requirements of this ordinance that permits
construction in a manner that would otherwise be prohibited by this ordinance.
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.
The following sections of the JCMC 15.15 will need to be changed to ensure full compliance with
NFIP regulations as found at 44 CFR, Parts. 59 & 60:
Section 15.15.070(1) Flood Area Certificate — Please add, "... as defined under definitions
(15.15.030)" after "development'.
Section 15.15.110(5) - Add the words "As built' after "actual ". Add the words "(including
basement)" after "lowest floor".
Section 15.15.130(l) — Add "where base flood elevation data is provided through the FIS, FIRM,
or..."
Section 15.15.130(1) — Add (i) Obtain and record the elevation (in relation to mean sea level) to
which the structure was floodproofed; (ii) Maintain the floodproofing certifications required in
Section 4.1 -2(3).
Section 15.15.100(10) — Add "The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in Section ..."
Section 15.15.110(2) — Add "including basement" after "lowest floor".
Section 15.15.180(1) — Add "including basement" after "lowest floor". Add "above highest
adjacent grade" after --above the highest adjacent grade ".
Additional Areas within the JCMC that will need to be addressed: (Please refer to the
enclosed Model Ordinance and Model Ordinance Evaluation Sheet for specks)
Add a subsection related to Water Wells. The Washington Administrative Code (WAC 173 -160-
171) requires water wells to be placed on high ground that is not in the floodway. FEMA
endorses this restriction and has asked that this language be included in local regulations as part
of our flood hazard reduction efforts. This section should read "Water wells shall be located on
high ground that is not in the floodway"
Manufactured Home Standard: Section 15.15.270 of JCMC is that portion of the code that
deals with Manufactured Homes in the regulated floodplain. This section must be updated to
ensure full compliance with the provisions found at 44 CFA 60.3(e). Please refer to the Model
Ordinance for specific language that will need to be included.
Floodway encroachment standard: Section 15.15210(2) of JCMC deals with the important
"floodway" issue. The language will need to be strengthened to ensure that it is in line with the
requirements found at 44 CFR 60.3(d). Specifically, the language should read:
Located within areas of special flood hazard 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:
1) Prohibit encroachments, including fill, new construction, substantial impro vements,
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.
(44 CFR 60.3(d)(3))
2) 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.
3) If Section 5.4(1) (above) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Section 5.0 (refer to appropriate section in your Code), Provisions for Flood hazard
Reduction.
Recreational vehicles: There is no language in the JCMC 15.15 concerning recreational vehicles
in floodplains. This measure was added to the FEMA regulations in the early 1990's, and
language is found at Section 5.24 of the Model Ordinance (enclosure).
Additional Items for Consideration:
JCMC 110(3xc) — Please note that foundation vent standards required by the IBC/IRC outside the
floodplain do not meet the NFIP standard found at 44 CFR 60.3(c)(5) and are often inadvertently
permitted. Insurance rates reflect an "all or nothing" standard, meaning, partially ventilated
crawlspaces may be subject to an additional loading fee of 20-25% attached to the annual
insurance premium.
Section 106.2 of the Uniform Building Code (UBC) exempts many items from permitting that, if
the action takes place within the regulated floodplain, would be required to obtain a
"development permit". While these activities are not outright prohibited within the regulated 100 -
year floodplain, they must be properly permitted.
Interpretation of below -grade enclosures.- It is apparent, through discussions with your staff as
well as a review of FEMA NFIP Elevation Certificates (EC) that a misinterpretation of NFIP
regulations with regard to below -grade enclosures is common. Below -grade crawlspaces (all four
sides) are considered basements under current NFIP definitions, and, as such, are prohibited from
within the Special Flood Hazard Area (SFHA) without a change to local flood ordinance. To
allow below -grade enclosures, the County must make changes to JCMC 15.15, using the specific
language found in FEAM Technical Bulletin 11 -01, a copy of which I have enclosed for your
convenience.
AE and Al -30 Zones with BFE but no Floodways - Jefferson County is required to include a
section within the flood code for those areas mapped as AE and Al -30 Zones with BFE's but
lacking Floodways. This is a requirement found at 44CFR 60.3(c)(10). I could not locate such a
section within JCMC 15.15.
FBI my, 1 A"
JEFFERSON COUNTY
FLOOD DAMAGE PREVENTION
ORDINANCE
ORDINANCE No.
(Replaces Jefferson County Code Title 15.15
Ordinance No. 18-1120-95
Adopted 11/20/95)
ADOPTED
EFFECTIVE
CHAPTER 15.15
15.15.010 STATUTORY AUTHORIZATION
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
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 of Washington, does ordain as
follows:
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
flood proofed, 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 ordinance.
(4) Jefferson County regulates development in frequently flooded areas through
critical area protection standards found in JCC 18.15.
(5) Regulations that govern development in flood hazard areas may be found in
JCC 1825 — Shoreline Master Program.
(6) Regulations that govern development in flood hazard areas may be found in
JCC 15.05 —Building Codes.
(7) Regulations that govern development in flood hazard areas may be found in
JCC 18.30 —Development Standards.
(8) Regulations that govern development in flood hazard areas may be found in
JCC 8.15 — On Site Sewage Disposal Systems.
(9) Development is prohibited in floodways.
15.15.030 STATEMENT OF PURPOSE
It is the purpose of this ordinance 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.
15.15.040 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance 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 cottstruction;
(3) Controlling the alteration of natural flood plains, 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.
15.15.050 — DEFINITIONS
APPEAL: a request for a review of the interpretation of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING: 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 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 flood plain 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 V.
BASE FLOOD: the flood having a I% chance of being equaled or exceeded in any given year (also referred to as
the "100 -year flood"); these areas are designated on Flood Insurance Rate Maps by the letters A or V.
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 VI-30, VE or V.
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 man-made 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.
ELEVATION CERTIFICATE: means the official form (FEMA Form 81 -31) used 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.
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, post, piers, pilings, or columns.
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.
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 a general and temporary condition of partial or complete inundation of normally
dry land areas from:
1) The overflow of inland or tidal waters and/or
2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM): means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the
community.
FLOOD INSURANCE STUDY (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.
FLOODWAY: means the channel of a river or other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
INCREASED COST OF COMPLIANCE: A flood insurance claim payment up to $30,000 directly to a property
owner for the cost to comply with floodplam, 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 non - elevation design requirements of this ordinance found at Section 5.2-
1(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 structures for which the "start of construction" commenced on or after the
effective date of this ordinance.
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.
RECREATIONAL VEHICLE: means a vehicle,
1) Built on a single chassis;
2) 400 square feet or less when measured at the largest horizontal projection;
3) Designed to be self - propelled or permanently towable by a light duty truck; and
4) 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: a walled and roofed building, including a gas or liquid storage tank that is principally above ground.
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 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 of
Historic Places.
VARIANCE: means a grant of relief from the requirements of this ordinance that permits construction in a manner
that would otherwise be prohibited by this ordinance.
VIOLATION: means any act or omission contrary to this Ordinance or not in compliance with this Ordinance. 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.
15.15.060 — GENERAL PROVISIONS
(1) LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazaids 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, "The 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
ordinance. 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 Section
15.15.070 (3) (b) shall be the basis for regulation until a new FIRM is issued that incorporates
data utilized under Section 15.15.070 (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 ordinance and other applicable regulations.
Violations of the provisions of this ordinance by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions),
shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with
any of its requirements shall 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 ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
(5) INTERPRETATION
In the interpretation and application of this ordinance, 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.
(6) WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
ordinance does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of Jefferson County, any officer or employee thereof, or the Federal
Insurance Administration, for any flood damages that result from reliance on this ordinance or
any administrative decision lawfully made hereunder.
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 Section 3.2. The permit shall be for all structures
including manufactured homes, as set forth in the "Definitions," and for all development
including fill and other activities, also as set forth in the "Definitions."
(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 (FF 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 survey that the floodproofing methods for any
nonresidential structure meet floodproofing criteria in Section 5.2 -2;
(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 ordinance by granting or denying development permit applications in accordance
with its provisions.
(3) DUTIES & 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
ordinance 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
Section 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
Section 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 Sections 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 Section 15.15.070 (3) (b), 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 Section 15.15.070
(3)(b):
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 Section 15.15.070 (l)(b)(iii)
(iii)Maintain for public inspection all records pertaining to the provisions of this ordinance.
(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,
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 raze.
(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 15.15.070(4)(b), and otherwise complies with Sections 15.15.080(1)(a),
15.15.080(1 xc), and 15.15.080(d) of the GENERAL STANDARDS.
(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.
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. For more detailed information, refer to guidebook; FEMA -85, "Manufactured
10
Home Installation in Flood Hazard Areas. "
(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.
(e) 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) Onsite waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(d) 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 5 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 (Section 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 Section 15.15.060(2), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD,
or Section 15.15.070(3Xb), 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 %
11
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 licensed land surveyor that the design and methods of construction are in
accordance with accepted standards of practice for meeting provisions of this subsection
based on their development and/or review of the structural design, specifications and plans.
Such certifications shall be provided to the official as set forth in Section 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 15.15.070 (2) (a)(ii);
(C) MANUFACTURED HOMES
(i) 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
12
attached additions; or
(iii) Meet the requirements of 15.15.080(2xc) above and the elevation and anchoring
requirements for manufactured homes.
(3) AE AND AZ -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 AI -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 Section 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 Section 15.15.080(4)(a) is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Section 15.15.080,
PROVISIONS FOR FLOOD HAZARD REDUCTION.
(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 I to 3 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).
13
(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 81 -31)
with section E completed: or
ii) Together with attendant utility and sanitary facilities, be completely flood proofed 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 section 15.15.080(2)(bxiii).
(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 15.15.080(5)(a) and 15.15.080(5)(c) above and the anchoring
requirements for manufactured homes (Section 15.15.080(l)(a)5.1- 1(2)).
(6) COASTAL HIGH HAZARD AREAS
Located within areas of special flood hazard established in Section 3.2 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 ordinance, 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 Section 15.15.080(6)(a)(i) and (ii).
(b) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural
14
member of the lowest floor (excluding pilings and columns) of all new and substantially
improved structures in Zones VI-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 V1 -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,
and V on the community's FIRM have the space below the lowest floor either free of
obstruction or constructed with non - supporting 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 non-
structural). 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 useable 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 man-made 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 VI-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 paragraphs 15.15.080(6Xa) through (t) of this section and
manufactured homes placed or substantially improved on other sites in an existing
manufactured home park or subdivision within Zones VI-30, V, and VE on the FIRM shall
meet the requirements of Section 15.15.080(2XcXii).
8) Recreational vehicles placed on sites within Zones VI-30, V, and VE on the community's
15
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 Section 4. 1-1(developmentpermit required) and paragraphs
15.15.080(6xa) through (f) of this section.
() 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.
16
To: John Fischbach, County Administrator
CC: Al Scalf
From: Brent A. Butler, Assistant Planner
Date: 4/26/2006
Re: List of Additional Public Safety and Insurance Reduction Measures
Dear John:
Please accept this memo, attachment from the City of Woodland and letter from Kevin Farrell as a
guide that lists some of the additional measures that can be adopted to increase the county's National
Flood Insurance Program's Community Rating.
Kevin Farrell, Floodplain Management Specialist for the Washington Department of Ecology,
suggests that the following additional measures be adopted into the new Flood Damage Prevention
Ordinance. These measures will decrease the insurance premiums for all residents within Flood
Hazard Areas and increase the below -grade use of property. They include:
1) Reduce the "substantial improvement" threshold to 25% instead of 50%
2) Require compensatory storage
3) Require structures to be elevated to 2 -feet above BFE
4) Add language to allow property- owners below -grade crawlspace, [see the end of page 2 and 3 of
the attached City of Woodland Ordinance, 14.40.050(B)(1)(c), for a more explicit example]
Additional measures that can be included are referenced to in the attached letter from DOE dated
April 25, 2006.1 remain,
Re ctfully yours,
ent A. Butler
Assistant Planner, Jefferson County
Attachments/Ordinance & Letter dated 4125/06
q
ORDINANCE NO. 1027
AN ORDINANCE RELATING TO FLOOD DAMAGE
PREVENTION AND AMENDING SECTION 14.40.050 OF
CHAPTER 14.40 OF THE WOODLAND MUNICIPAL CODE
"PROVISIONS FOR FLOOD HAZARD REDUCTION" AS MORE
PARTICULARLY SET FORTH HEREIN.
WHEREAS, certain changes to the cities Flood Damage Prevention Code are
necessary to bring the City's regulations into compliance with National Flood Insurance
Program (NFIP) requirements; and,
WHEREAS, the City finds that the adoption of such additional regulations are
necessary to protect the health, safety, and welfare of the citizens of Woodland.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
WOODLAND, STATE OF WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. That Section 14.40.050 Provisions for Flood Hazard Reduction is
hereby amended by adding a new subsection c to said section providing additional
requirements for below grade crawlspaces as follows:
14.40.050 Provisions for flood hazard reduction.
A. General Standards. In all areas of special flood hazards, the following standards are
required:
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
b. All manufactured homes must likewise be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but
are not limited to, use of over - the -top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas"
guidebook for additional techniques)
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing, and air - conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding.
3. Utilities,
a. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
Page I
b. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharge from the
systems into flood waters; and
c. On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood
damage;
b. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize
flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
d. Where base flood elevation data has not been provided or is not available from
another authoritative source, it shall be generated for subdivision proposals and
other proposed developments which contain at least fifty lots or five acres
(whichever is less)
5. Review of Building Permits. Where elevation data is not available either through
the flood insurance study or from another authoritative source (Section
14.40.040(C)(2)), 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 grade in these zones may result in higher insurance rates.
B. Specific Standards. In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 14.40.030(B) or Section
14.40.040(C)(2), the following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot above the
base flood elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must be either certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
i. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall
be provided;
ii. The bottom of all openings shall be no higher than one foot above grade;
iii. Openings may be equipped with screens, louvers, or other coverings or
devices, provided that they permit the automatic entry and exit of
floodwaters.
c. Additional requirements for below -grade crawlspaces:
Page 2
i. The interior grade of a crawlspace below the base flood elevation (BFE)
must not be more than two -feet below the lowest adjacent exterior grade
(LAG), shown as D in Figure 3.
ii. The height of the below -grade crawlspace, measured from the interior
grade of the crawlspace to the top of the crawlspace foundation wall must
not exceed four -feet (shown as L in Figure 3) at any point. The height
limitation is the maximum allowable unsupported wall height according to
the engineering analyses and building code requirements for flood hazard
areas. This limitation will also prevent these crawlspaces from being
converted into habitable spaces.
iii. There must be adequate drainage system that removes floodwaters from
the interior area of the crawlspace. The enclosed area should be drained
within a reasonable time after a flood event. The type of drainage system
will vary because of the site gradient and other drainage characteristics,
such as soil types. Possible options include natural drainage through
porous, well- drained soils and drainage systems such as perforated pipes,
drainage tiles, or gravel or crushed stone drainage by gravity or mechanical
means.
iv. The velocity of floodwaters at the site should not exceed five -feet per
second for any crawlspace. For velocities in excess of five -feet per second,
other foundations should be used.
v. Any building utility systems within the crawlspace must be elevated above
BFE or designed so that floodwaters cannot enter or accumulate within the
system components during flood conditions. Ductwork, in particular, must
either be place above the BFE or sealed from floodwaters.
vi. Below grade emwlspace construction in accordance with the requirements
listed above will not be considered basements.
Figure 3 Requirements regarding below-grak crawlVace construction.
Page 3
2. 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 above the base flood
elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be flood proofed so that below one foot above the base flood level the
structure is watertight with walls substantially impermeable to the passage of
water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy,
c. Be certified by a registered professional engineer or architect that the design
and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their development
and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in Section
14.40.030(C)(3)(b);
d. Nonresidential structures that are elevated, not flood proofed, must meet the
same standards for space below the lowest floor as described in Section
14.40.050(B)(1)(b);
e. Applicants flood proofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the flood
proofed level (e.g., a building flood proofed to the base flood level will be
rated as one foot below).
3. Manufactured Homes.
a. All manufactured homes to he placed or substantially improved within Zones
Al -A30, AH, and AE 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 be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated one foot above the base flood
elevation and be securely anchored to an adequately anchored foundation
system to resist flotation collapse and lateral movement.
b. b. Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones Al -30, AH, and
AE on the community s, FIRM that are not subject to the above manufactured
home provisions be elevated so that either:
L The lowest floor of the manufactured home is elevated one foot above the
base flood elevation; or
ii. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
thirty -six inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist floatation, collapse, and
lateral movement. At a minimum a "reinforced pier" would have a footing
adequate to support the weight of the manufactured home under saturated
soil conditions such as occur during a flood. In addition, if stacked
concrete blocks are used, vertical steel reinforcing rods should be placed
Page 4
in the hollows of the blocks and those hollows filled with concrete or high
strength mortar. In areas subject to high velocity floodwaters and debris
impact, cast -in -place reinforced concrete piers may be appropriate.
4. Recreational Vehicles. Recreational vehicles placed on sites within Zones Al -30,
AH, and AE on the community s FIRM either:
a. Be on the site for fewer than one hundred eighty consecutive days, and
b. 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
c. Meet the requirements of Section 14.40.050 (B)(3) above and the elevation
and anchoring requirements for manufactured homes.
C. Floodways. Located within areas of special flood hazard established in Section
14.40.030(B) are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which cant' debris, potential
projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
2. Construction or reconstruction of residential structures is prohibited within
designated floodways, except for: (a) repairs, reconstruction, or improvements to
a structure which do not increase the ground floor area; and (b) repairs,
reconstruction or improvements to a structure, the cost of which does not exceed
fifty percent of the market value of the structure either, (i) before the repair, or
reconstruction is started, or (ii) if the structure has been damaged, and is being
restored, before the damage occurred. Work done on structures to comply with
existing health, sanitary, or safety codes or to structures identified as historic
places shall not be included in the fifty percent.
3. If Section 14.40.050(C)(1) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Section 14.40.050.
D. Encroachments. The cumulative effect of any proposed development, where
combined with all other existing and anticipated development, shall not increase the
water surface elevation of the base flood more than one foot at any point.
E. 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:
1. 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 grade adjacent to the building, one foot or
more above the depth number specified on the FIRM (at least two feet if no depth
number is specified).
Page 5
2. New construction and substantial improvements of nonresidential structures
within AO Zones shall either:
a. 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); or
b. Together with attendant utility and sanitary facilities, be completely flood -
proofed 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 Section 14.40.050(B)(2)(c)
3. Require adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
4. Recreational vehicles placed on sites within AO Zones on the community's FIRM
either.
a. Be on the site for fewer than one hundred eighty consecutive days, and
b. 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
c. Meet the requirements of Section 14.40.050 (E) above and the elevation and
anchoring requirements for manufactured homes.
F. Critical Facility. Construction of new critical facilities shall be, to the extent possible,
located outside the limits of the special flood hazard area ( "SFHA ") (one- hundred-
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 or more above the level of
the base flood elevation (one - hundred -year) at the site. Flood proofing and sealing
measures must be taken to ensure that toxic substances will not be displaced by or
released into flood waters. Access routes elevated to or above the level of the base
flood elevation shall be provided to all critical facilities to the extent possible.
Section 2. This Ordinance shall become effective five (5) days after passage,
approval and publication as provided by law.
ADOPTED this 18t' day of October, 2004.
Douglas A. Monge, Mayor
ATTEST:
Mari E. Ripp, Clerk TreaJiker
PUBLISHED November 1, 2004
APPROVED TO FORM:
Y ✓►\
Patrick L. Brock, City Attorney
Page 6
April 25, 2006
Mr. Al Scalf, Director
Department of Community Development
621 Sheridan Street
Port Townsend, WA. 98368
RE: CRS Program Higher Regulatory Standards
Mr. Scalf
As part of the follow -up to our meeting last week I wanted to provide you with a copy of the FEMA
Higher Regulatory Standards publication.
The minimum regulatory standards required for participation in the NFIP provide improved flood
protection for a community. However, flood damage still can occur because floodplain elevation
regulations are based on estimates of flood heights subject to inaccuracies, particularly in areas without
long -term flood and rainfall records. In addition, urbanization and other changes made in the watershed
after a FIRM was published can increase the hazard of flooding.
Many communities have adopted higher regulatory standards, such as requiring "freeboard" on all new
construction, that provide more protection for new development and redevelopment. Freeboard is a
measurement of the height the lowest floor of a building must be elevated above the projected height of
flood - waters, the Base Flood Elevation (BFE), to ensure the building's safety. The extra margin of
protection provided by freeboard takes into account the effect of waves, debris, miscalculations, or lack of
data.
Higher regulatory standards also include requiring foundation protection from settling, scour, and erosion
For example, prohibiting construction of building enclosures below the BFE eliminates a source of debris
that might hit other buildings. This prohibition also discourages property owners from storing valuable or
hazardous items in an area that is vulnerable to flood waters or coastal wave action.
Regulatory standards that reduce flood damage to vital public buildings ensure that critical facilities can
operate during flood emergencies and may also reduce pollution of floodwaters by hazardous materials.
Flooding can occur when floodplains lose their ability to absorb runoff. Building on fill in a substantial
portion of the floodplain reduces storage for floodwater and often increases peak flows downstream.
Regulations that prohibit use of fill reduce this problem. To compensate for floodwater storage that is lost
when land is developed, regulations can be enacted that require excavation of retention and detention
ponds.
Public health regulations can restrict floodplain development that might degrade the beneficial, natural
functions that floodplain perform. For example, when septic and surface water mix during a flood, the
resulting pollution can cause health hazards. CRS credit is available for enacting regulations that prohibit
hazards such as sanitary landfills or septic systems in the flood - plain.
CRS credit also can be earned for requiring new streets in floodplains to be constructed at or above the
BFE to provide access for emergency vehicles during a flood, and requiring all new residential and
commercial buildings to have dry land access.
There are many other approaches to developing higher regulatory standards. Among them are
implementation of more stringent building improvement rules, development and implementation of a
local building code, certification of regulatory staff as floodplain managers, subjecting manufactured
(mobile) homes to the same elevation requirements as conventional homes, and making use of zoning to
maintain a low density of development in the floodplain.
I look forward to continuing the dialogue on managing floodplain development within Jefferson
County to ensure that development that does take place is conducted in a manner that provides
for the highest level of safety to life and property.
Thanks for your commitment to sound floodplain management. Please call me at (360) 407 -7253
if you have any questions.
Sincerely,
Kevin B. Farrell
Floodplain Management Specialist
Southwest Regional Office
Cc. Brent Butler
JEFFERSON COUNTY
FLOOD DAMAGE PREVENTION
ORDINANCE
Ordinance No. 18- 1120 -95
(Replaces Ordinance No. 1-89)
'dapted 11/20/95
Ellective 12/20195
Jefferson County Permit Center
621 Sheridan
Port Townsend WA 98368
(360) 379 -9450
TABLE OF CONTENTS
SECTION 1: RECITALS ................................................
1
11.10 FINDINGS .................... ...............................
I
1.20 PURPOSES .......... ......................................
1
1.30 METHODS ................... ...............................
2
SECTION 2: DEFINITIONS .............. ...............................
3
SECTION3: SCOPE .................................................. 8
3.10 FLOOD HAZARD AREAS .... ................................. 8
3.20 CONSISTENCY ................... .......................... 8
3.30 LIABILITY DISCLAIMER ....................................... 8
SECTION 4: ADMINISTRATION .............. ........... ........ 9
4.10 FLOOD AREA CERTIFICATE ... ............................... 9
4.101 Establishment ............................................ 9
4.102 Applicability .............................................. 9
4.20 RESPONSIBLE OFFICIAL ..................................... 9
4.201 Designation ........... ................... .............. 9
4.202 Duties and Responsibilities ................................ 10
SECTION 6: FLOOD AREA PROTECTION PROVISIONS (AO Zones) ..........
12
5.10 CONSTRUCTION ...........................................
12
5.101 Residential Construction . . . ..........................
I .... 12
5.102 Accessory Structures ................................
_ . 13
5.103 Nonresidential Construction ...............................
13
5.104 Materials and Methods ................................
... 14
5.20 UTILITIES .................. ...............................
17
5.30 SUBDIVISIONS .............................................
17
5.40 CRITICAL FACILITIES .....................................
18
5.60 SHALLOW FLOODING AREAS (AO ZONES) .....................
18
5.60 ALTERNATIVES ............................................
19
SECTION 6: FLOODWAYS ............................................
20
6.10 CONSTRUCTION ............................................
20
6.20 SUBDIVISIONS .............................................
21
6.30 STORAGE .................................................
22
6.40 PREFERRED USES .........................................
22
6.50 ALTERNATIVES ............................................
22
A
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
i
SECTION 7: WETLANDS .............. ...............................
23
7.101 Wetlands Management ..... ...............................
23
SECTION 8: COASTAL HIGH HAZARD AREAS (V1 -V30 & VE Zones) .........
24
SECTION 9: APPEALS AND VARIANCES . ...............................
26
9.10 APPEALS ................... ...............................
26
9.101 Appeal Board ............. ...............................
26
9.102 Verification of Flood Hazard Area Boundaries .................
26
9.20 VARIANCES ................ ...............................
27
27
9.201 General .................. ...............................
27
9.202 Administrative ............ ...............................
27
9.203 Conditions ............... ...............................
SECTION 10: LEGAL PROVISIONS ...... ............................... 30
10.10 PENALTIES AND ENFORCEMENT ........ • • • • • • • ...... 30
10.20 SEVERABILITY ............. ...............................
10.30 EFFECTIVE DATE ........... ............................... 30
INDEX.............................. ............................... 32
Jefferson County Flood Damage Prevention Ordinance
U
Ordinance No. 18-1120-95
SECTION 1: RECITALS
1.10 FINDINGS
1. The flood hazard areas of Jefferson County are subject to periodic inundation that
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 that increase flood heights and velocities, and, when
inadequately anchored, damage uses in other areas. Uses that are inadequately
flood - proofed, elevated, or otherwise protected from flood damage also contribute
toward the flood loss.
1.20 PURPOSES
it is the purpose of this Ordinance to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas
by provisions designed to:
1. Protect human life and health.
2. Minimize expenditure of public money and costly flood control projects.
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public.
4. Minimize prolonged business interruptions.
5. Minimize damage to public facilities and utilities such as water and gas mains;
electrical, telephone, and sewer lines; and streets and bridges located in areas of
special flood hazard.
6. 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. Ensure that potential buyers are notified that property is in an area of special flood
hazard.
8. Ensure that those who occupy the areas of special flood hazard assume
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
1
responsibility for their actions.
1.30 METHODS
In order to accomplish its purposes, this ordinances 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 height 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 flood plains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
4. Controlling filling, grading, and other development which may increase flood damage;
and,
5. Preventing or regulating the construction of flood barriers which will unnaturally divert
flood water or may increase flood hazards in other areas.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
2
SECTION 2: DEFINITIONS
Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application.
1. ACCESSORY STRUCTURE: Accessory structures'
A. shall not be used for human habitation;
B. shall be designed to have tow flood damage potential;
C. shall be constructed and placed on the building site so as to offer the minimum
resistance to the flow of floodwaters;
D. shall be firmly anchored to prevent floatation which may result in damage to
other structures; and,
E. shall have accompanying service facilities, such as electrical and heating
equipment, elevated or floodproofed.
2. APPEAL means a request for a review of the responsible official's interpretation of any
provision of this ordinance or a request for a variance.
3. AREA OF SHALLow FLOODING: A designated AO or AH Zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow
and AH indicates ponding.
4. AREA OF SPECIAL FLOOD HAZARD means the land in the flood plain 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 V.
5. BASE FLOOD: The flood having a one - percent chance of being equaled or exceeded
in any given year.
6. BREAKAWAY WALL: A wall that is not a 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.
7. COASTAL HIGH HAZARD AREA: The area subject to high velocity waters, including but
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18- 1120 -95
3
not limited to, storm surge or tsunamis. The area is designated on the FIRM as Zone
V1 430, VE, or V.
8. CRMCAL FAC1LlTY: 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, installations which
produce, use, or store hazardous materials or hazardous waste.
9. DEVELOPMENT: Any man -made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavating, or drilling operations located within the area of special
flood hazard.
10. FLOOD OR FLOODING: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A. The overflow of inland or tidal waters: and/or
S. The unusual and rapid accumulation of run -off of surface waters from any
source.
11. FLOOD HAZARD AREA: The land in the flood plain within a community subject to a
one- percent or greater chance of flooding in any given year (see Figure 1).
12. FL000 INSURANCE RATE MAP (FIRM): 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.
13. FLOOD INSURANCE STUDY: 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.
14. FL000wAY: 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. (see Figure 1).
FIG. 1 I -- t00 YR. FL000 PLA114 .I
,I
I I
1
' FLOOD FRINGE �-- FLOOOWAY —i1 •FL000 FRINGE 1
AREA I j AREA i
1 1 1 l
I 1 I
� I �C „<HnELI I I
I I
ENCROACHMENT 4 �— ---
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
4
15. FLOOowAY FRINGE: That portion of the flood plain that lies between the floodway and
the outer limits of the flood hazard area (see Figure 1 )
16. FLOOD PLAIN: The area adjoining rivers, streams, lakes, or coastal waters subject to
flooding (see Figure 1). (This may include an area larger than the flood hazard area.)
17. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including the
basement in non - residential structures). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage, in an area other than
a basement area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable non -
elevation design requirements of this ordinance.
18. MANUFACTURED AND/OR MOBILE HOME: A structure that is transportable in one or more
sections, built on a permanent chassis, and designed to be used with or without a
permanent foundation when connected to the required utilities. For flood plain
management purposes the term "manufactured home" also includes recreational
vehicles that (1) are placed on a site for more than 180 consecutive days and /or (2)
are not ready for highway use. For insurance purposes the term "manufactured
home" does not include recreational vehicles.
19. MANUFACTURED HOME PARK OR SUBDIVISION: a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
20. MEAN SEA LEVEL: The average height of the sea for all stages of the tide.
21. MINIMAL INVESTMENT: An investment equal to no more than ten (10) percent of the
market value of the residential principal structure.
22. NEW CONSTRUCTION: Structures for which the "start of construction" commenced on
or after the effective date of this Ordinance.
23. READY FOR HIGHWAY USE: Means that the recreational vehicle is on its wheels or
jacking system is attached to the site by quick disconnect type utilities and security
devises, and has no permanently attached additions.
24 RECREATIONAL VEHICLE: Park trailers, travel trailers, and other similar vehicles,
licensed and /or ready for highway use.
25. RESPONSIBLE OFFICIAL: That county department, officer, committee, representative
designated by the Board of County Commissioners undertake the responsibilities and
duties of this Ordinance.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18- 1120 -95
3
26. 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 one - hundred eighty (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;
• does not include the installation of streets and /or walkways;
• does not include excavation for a basement, footings, piers, or foundation or the
erection of temporary forms; and
• does not 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.
27. STRUCTURE: A walled and roofed building or mobile home, including a gas or liquid
storage tank, that is principally above ground.
28. SUBSTANTIAL DAMAGE means damage sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty
(50) percent of the market value of the structure before the damage occurred.
29. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty (50) percent of the market value of the
structure either: (A) Before the improvement is started; or (B) 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 does not, however, include any project for improvement of a
structure to comply with existing state or local health, sanitary, or safety code
specifications that are solely necessary to assure safe living conditions or any
alteration of a structure listed on the National Register of Historic Places or a state
inventory of historic places.
30. SUBDIVISION : The division of land for the purpose of sale or lease, including mobile
home parks and recreational vehicle parks.
31. VARIANCE: A grant of relief from the requirements of this Ordinance that permits
construction in a manner that would otherwise be prohibited by this Ordinance.
32. WETLANDS: Lands transitional between terrestrial and aquatic systems where the
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 184120-95
J
water table is usually at or near the surface or the land is covered by shallow water.
Wetlands have one or more of the following three attributes:
A. At least periodically, the land supports predominantly hydrophytes.
B. The substrate is predominantly undrained hydric soils.
C. The substrate is nonsoils and is saturated with water or covered by shallow
water at some time during the growing season of each year.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
7
SECTION 3: SCOPE
3.10 FLOOD HAZARD AREAS
Flood hazard areas, including the coastal flood hazard areas, are identified by the Federal
Insurance Administration in a scientific and engineering report entitled, 'The Flood
Insurance Study for Jefferson County, Washington, Unincorporated Areas," dated January
19, 1982, and subsequent amendments, with accompanying flood insurance rate maps, .
and are hereby adopted by reference and declared to be part of this Ordinance. These
documents are on file at the Jefferson County Permit Center, 621 Sheridan St., Port
Townsend, -WA.
In the event there is a discrepancy between flood insurance rate maps and other
information, or where detailed base information is not provided by the flood insurance rate
maps, verification of flood hazard area information and boundaries may be obtained
following the procedure s established in Sections 4.101.4 of this Ordinance.
3.20 CONSISTENCY
All developments in the flood plain should be consistent with the Jefferson County
Comprehensive Plan, and subsequent amendments, and other applicable plans, policies,
ordinances, regulations, and restrictions, including the Jefferson -Port Townsend
Shoreline Management Master Program, and subsequent amendments, and any
easements, covenants, or deed restrictions where applicable. If any portion of this
Ordinance is inconsistent with any applicable plans, policies, ordinances, regulations, or
restrictions, the stricter shall apply.
3.30 LIABILITY DISCLAIMER
The degree of flood protection required by this Ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man -made
or natural cause. This Ordinance does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This Ordinance shall not create liability on the part of Jefferson County, or any
officer or employee thereof, or the Federal Insurance Administration, for any flood
damages that result from reliance on this Ordinance or any administrative decision lawfully
made thereunder.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
U
SECTION 4: ADMINISTRATION
4.10 FLOOD AREA CERTIFICATE
4.101 Establishment
1. By this Ordinance, a "flood area certificate" is hereby established and is required for
all development in the floodplain, including all construction, the placement of
prefabricated buildings and manufactured homes, subdivisions, and installation of
utilities within the flood hazard areas.
2. Application for a flood area certificate shall be made available by the responsible
official at the time of application for other necessary review or permits.
3. The flood area certificate shall be completed by a licensed surveyor and shall
include a written and graphic portrayal of the following information:
A. The location of the subject property in relation to the flood hazard area.
B. The distances of the property and the proposed activity from the edge of the
waterway.
C. The height of the base flood (in relation to mean sea level) within the vicinity of
the proposed activity (proposed subdivisions shall submit this information for
each proposed lot).
D. The height of the subject property (in relation to mean sea level).
E. Flood proofing measures to be utilized.
4.102 Applicability
Within flood hazard areas adopted by reference in Section 3.10, no county permit,
approval, authorization, license, or franchise shall be granted for any proposed project
without full compliance with the terms of this Ordinance and without satisfactory completion
of a flood area certificate.
4.20 RESPONSIBLE OFFICIAL
4.201 Designation
The responsible official shall ensure that all projects within the flood hazard areas are in
compliance with the provisions of this Ordinance. The responsible official shall be that
department, officer, committee, or representative designated by the Jefferson County
Board of Commissioners, including but not limited to the Jefferson County Permit Center,
the Jefferson County Health Department, and the Jefferson County Public Works
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18- 1120 -95
Department.
4.202 Duties and Responsibilities
The duties of the responsible official shall include but not be limited to:
1. Review all plans for development in the flood plain, including all construction, the
placement of prefabricated buildings and manufactured homes, subdivisions, and
installation of utilities within the flood hazard areas, to determine that all necessary
permits have been obtained from those local, county, state, or federal agencies from
which prior approval is required.
2. Review the flood area certificate submitted by the applicant.
3. Direct the applicant to provide base flood elevation data, prepared by a licensed
engineer, if necessary.
4. Review and reasonably utilize any base flood elevation and floodway data available
from a federal, state, or other source in order to administer the provisions of this
Ordinance.
5. Obtain., maintain, and record the actual elevation (in relation to mean sea level) of
the lowest floor of all new or substantially improved structures, and whether or not the
structure contains a basement.
6. Maintain for public inspection all records pertaining to this Ordinance.
7. Obtain and maintain the flood proofing certifications for all new construction or
substantial improvements.
8. Notify adjacent property owners and communities, and the Washington State
Department of Ecology prior to any alteration or relocation of a watercourse and
submit evidence of such notification to the Federal Insurance Administration.
9. Require that maintenance is provided by the appropriate party within any altered or
relocated portion of the watercourse so the flood carrying capacity is not diminished.
10. Make interpretations where necessary and where possible as to the exact location
and boundaries of the areas of flood hazard. For example, where there appears to
be a conflict between a mapped boundary and actual field conditions.
11. In the absence of detailed base flood elevation data sufficient to satisfy the
requirements of this ordinance, the administrator shall obtain and consider the
necessary information from federal, state, or other sources, to ensure that proposed
construction will be reasonably safe from flooding. The test of reasonableness may
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
IE
include use of historical data, high water marks, and photographs of past flooding.
Where deemed necessary, a determination by a professional engineer or surveyor
may be required.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
11
SECTION 5: FLOOD AREA PROTECTION PROVISIONS (AO Zones)
_ -- -FLOOD HAZARD AREAS -___
_ -- (100 YEAA FLOOD /LAIN
I I I I
1 I I (
i ------- FLOODWAY- - - -_ -_.g J
I I 1 I
3 F1.ELEYATION
700 YR.
FLOOD LEVEL
CHANNEL
5.10 CONSTRUCTION
5.101 Residential Construction
1. All new construction and substantial improvement of any residential structure
including manufactured homes, mobile homes, and recreation vehicles that are on
site for 180 days or longer and/or not ready for highway use, shall use construction
methods which minimize flood damage.
2. New construction and substantial improvement of any residential structure, including
manufactured homes, mobile homes, and recreation vehicles that are on site for 180
days or longer and/or not ready for highway use, shall have the lowest floor elevated
to at least one foot above base flood elevation.
3. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
unless designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwater. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or must
meet or exceed the following criteria:
A. A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided.
B. The bottom of all openings shall be no higher than one foot above grade.
C. Openings maybe equipped with screens, louvers, or other coverings or devices
Jefferson County Flood Damage Prevention Ordinance
12
Ordinance No. 18-1120-95
provided that they permit the automatic entry and exit of floodwater.
4. Manufactured and/or mobile homes, including those within mobile home parks, shall
be anchored to prevent floatation, collapse, or lateral movement by providing over -
the -top and frame ties to ground anchors and shall be installed using methods and
practices that minimize flood damage. Specific requirements shall be that:
A. Over - the -top ties be provided at each of the four corners of the mobile home,
with two additional ties per side at intermediate locations, and with homes less
than fifty feet long, requiring only one additional tie per side.
B. Frame ties be provided at each corner of the home with five additional ties per
side at intermediate points, with mobile homes less than fifty feet long requiring
only four additional ties per side.
C. All components of the anchoring system be capable of carrying a force of 4,800
pounds.
D. Any additions to such homes be similarly anchored.
5. Manufactured homes that are to be placed, are placed, or are substantially improved
on sites in existing manufactured home parks or subdivisions within Zones Al -A30,
AH, and AE on the community's FIRM shall be elevated on a permanent foundation
such that the lowest floor is at least one foot above the base flood elevation of the
site; and be securely anchored to an adequately anchored foundation in accordance
with the provisions of section 5.104 of this ordinance.
:7 5.102 Accessory Structures
!a 1. When an accessory structure represents a minimal investment the elevation or dry
!9 floodproofing standards need not be met. However, all other requirements applicable
so to structures will apply, including permit requirement and floodway encroachment
H standards.
12
s3 2. Commercial garages and warehouses, regardless of value, must comply with the
W elevation and flood proofing standards, as applicable.
S5
s6 3. All new construction and substantial improvement of any accessory structure shall
s7 use construction methods which minimize flood damage.
2
s9 5.103 Nonresidential Construction
10 All new construction and substantial improvement of any nonresidential structure shall use
t1 construction methods which minimize flood damage. New construction and substantial
t2 improvement of any commercial, industrial, or other nonresidential structure shall either
t3 have the lowest floor, including basement, elevated one foot or more above the level of the
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 184120-95
13
base flood elevation; or, together with attendant utility and sanitary facilities, shall:
1. A. Be floodproofed so that below one foot above the base flood level the structure
is watertight with walls substantially impermeable to the passage of water.
B. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
C. Be certified by a registered professional engineer or architect that the design
and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their development
and /or review of the structural design, specifications, and plans. Such
certifications shall be provided to the responsible official.
D. Nonresidential structures that are elevated, not floodproofed, must meet the
same standards for space below the lowest floor as described in 5.101(3).
E. Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the
floodproofed level (for example, a building floodproofed to one foot above the
base flood level will be rated as at the base flood level.)
2. Construction of new critical facilities shall be, to the extent possible, located outside
the limits of the base flood plain. Construction of new critical facilities shall be
permissible within the base flood plain if it is determined that no feasible alternative
site is available.
3. Critical facilities constructed within the base flood plain shall have the lowest floor
elevated to three feet or more above the level of the base flood elevation at the site.
4. Floodproofing and sealing measures must be taken to ensure that toxic substances
will not be displaced by or released into flood waters.
5. Access routes elevated to or above the level of the base flood plain shall be provided
to all critical facilities to the extent possible.
5.104 Materials and Methods
1. All new construction, development, and substantial improvements, including
manufactured and/or mobile homes and non - residential structures, shall:
A. Be anchored to prevent floatation, collapse, or lateral movement of the
structure.
B. Be constructed with materials and utility equipment resistant to flood damage
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18- 1120 -95
14
and potential damage to adjacent properties.
C. Be constructed using methods and practices that minimize flood damage.
D. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
E. Electrical, heating, ventilation, plumbing, 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.
2. Flood proofing of structures shall be provided by one or more of the following
methods:
A. Landfill: (Note: Landfills are not permitted in the floodway.) The placement
of fill may be utilized to elevate the structure and must comply with the
standards and policies of the Jefferson -Port Townsend Shoreline
Management Master Program, if applicable.
B. Pole. Pier, or Piling Construction: The use of poles, piers, or piles for the
foundation of the structure may be used to allow the unrestricted flow of
flood waters during periods at a base flood. The lowest floor must be one
foot above the base flood level (see Figure 3). In the instance of elevating
manufactured and /or mobile homes on pilings, piling foundations shall be
placed in stable soil no more than ten feet apart and reinforcement shall be
provided for pilings protruding more than six feet above the ground level.
C. Parallel Foundation Walls: Foundation walls may be designed and
constructed to provide open spaces through which water can flow
unrestricted to equalize pressure. In velocity flood situations, it is important
that all foundation walls be parallel to the flow of the flood waters (see Figure
4).
D. Extended Foundation Walls and Basements: (Note: Extended foundation
walls and basement are not permitted in the floodway.) The lowest habitable
floor of a residence may be constructed on foundation walls that extend
above grade to one foot above the height of the base flood provided that
residential construction complies with the requirements of Section 5.101(2),
"Residential Construction," regarding the design of enclosed areas (see
Figure 5).
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18- 1120 -95
15
I
BASE
FLCOO-
LEV£L
FIG.7
FIG.4
1Ft.`-.1.£VAM
100YA.FL000 LEV
MWwS W.01=14 NO
F7G. 5
POLE, PIE,IR OR PILING
CONSTRUCTION
I F . EL- 'VAMON
100 YN,FL000 LEVEL
EXTENDED FOUNDATION WALLS ANO BASEMENT
Jefferson County Flood Damage Prevention Ordinance
16
Ordinance No. 18-1120-95
5.20 UTILITIES
1. Where possible, all new and replacement water supply systems and onsite sewage
disposal systems shall be located outside of the flood hazard area.
2. Water Supply Systems:
A. All new and replacement water systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
B. Pump houses and well casings must be at least one foot above the base
flood elevation.
3. Sewage Disposal Systems:
A. All new and replacement sanitary sewage systems shall be designed to
eliminate buoyancy and to minimize or eliminate infiltration of flood waters
into the systems and discharge from the systems into flood waters.
B. On -site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding. Onsite or alternative proprietary
sewage systems meeting Treatment Standard 2, as defined in WAC 246-
272, or subsequent amendments, may be installed in flood hazard areas,
provided the performance of the system component providing the level of
treatment is not impaired during flooding.
4. The elevation and location of all utility systems of a structure shall be designed to
prevent floodwaters from entering the structure(s).
5.30 SUBDIVISIONS
1. New subdivisions, including mobile home parks, recreational vehicle parks, travel
trailer parks, camper clubs, and commercial or industrial subdivisions, as defined
by the Jefferson County Subdivision Ordinance, and subsequent amendments,
shall:
A. Use construction methods which minimize flood damage.
B. Have utilities and facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage.
C. Have adequate drainage provided to reduce exposure to flood damage.
D. Meet the applicable requirements of this ordinance regarding construction,
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 19-1120-95
17
utilities, and administrative review.
E. Provide property and base flood elevation data (in relation to mean sea
level) for each proposed lot.
2. Floodway areas shall be deemed unsuitable for the purpose of building sites, but
may be included in the boundaries of a plat as community property, recreational
area, or other similar open space, or may be included as part of a lot, provided any
lot containing such unsuitable land shall also contain sufficient land of suitable
characteristics to meet county standards. Floodway areas may be utilized within
recreational vehicle or travel trailer parks as per Section 6.20.3.
5.40 CRITICAL FACILITIES
1. Construction of new critical facilities shall be, to the extent possible, located outside
the limits of the base flood plain. Construction of new critical facilities shall be
permissible within the base flood plain if it is determined that no feasible alternative
site is available.
2. Critical facilities constructed within the base flood plain shall be the lowest floor
elevated to three feet or more above the level of the base flood elevation at the site.
3. Floodproofing and sealing measures must be taken to ensure that toxic substances
will not be displaced by or released into flood waters.
4. Access routes elevated to or above the level of the base flood plain shall be
provided to all critical facilities to the extent possible.
5.50 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 (1) to three (3) 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:
1. New construction and substantial improvements of residential structures within AO
zones shall have the lowest floor elevated above the highest grade adjacent to the
building, one foot or more above the depth number specified on the FIRM (at least
two feet if no depth number is specified).
2. New construction and substantial improvements of nonresidential structures within
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-96
18
AO zones shall either:
A. 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); or
B. 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.
1 Adequate drainage paths shall be required around structures on slopes to guide
floodwater around and away from proposed structures.
5.60 ALTERNATIVES
Protective measures for any structure or activity within the flood hazard zone that vary from
those described herein must be certified for adequate by a registered professional
engineer or architect. Such measures and certification shall be reviewed by the Board of
Appeals and their designated departments and shall conform to Section 9 of this
Ordinance.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
19
SECTION 6: FLOODWAYS
- - FLOOD HAZARD AREAS --
- - (700 YEAR PL000 PLAIN)
I i I i
I I I I
t FLOODWAY I
L
I I
I � I
I (
I Ft. ELEVATION \\\
CHANNEL
100 YR.
FLOOD LEVEL
Floodways are the portion of the flood plain consisting of the stream channel and
over -bank areas capable of conveying a selected flood discharge and keeping it within
designated heights and velocities. The floodway is intended to carry the deep and fast
moving water. It is the waters within the floodway that most substantially threaten man's
activities and development. It is the floodway that conveys flood waters, whereas the
floodway fringe stores excess flood waters. The floodway is often defined as that portion
of the river channel and flood plain required to pass flood flows without a significant
increase in flood height. By blocking flow, structures and other developments in the
floodway could raise flood heights substantially, causing increased water velocities, thus
increasing damages. Due to the hazard of developing within the floodway, the following
standards shall apply within floodways in addition to those found in Section 5 of this
ordinance.
6. 10 CONSTRUCTION
1. Construction or reconstruction of residential structures is prohibited within
designated floodways, except for:
A repairs, reconstruction, or improvements to a structure which do not increase
the ground floor area; and
B. repairs, reconstruction, or improvements to a structure, the cost of which
does not exceed 50 percent of the market value of the structure either:
(I) before the repair, reconstruction, or repair is started, or
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18- 1120 -95
20
(ii) if the structure has been damaged and is being restored, before the
damage occurred. Work done on structures to comply with existing health,
sanitary, or safety codes or to structures identified as historic places shall
not be included in the fifty (50) percent.
2. New construction, substantial improvements, encroachments, and other
developments (see § 6.40, hereinbelow) are prohibited unless certification by a
registered professional engineer or architect is provided demonstrating that
developments shall not result in any increase in base flood levels during the
occurrence of the base flood discharge.
3. Construction materials and methods shall conform to Section 5.104, "Materials and
Methods," of this Ordinance.
4. On existing lots of record where sufficient lot area is available to meet county
standards, new construction, substantial development, or the placement of utilities
shall occur outside of the floodway.
5. The construction of basements shall not be permitted within the floodway.
6. The placement of fill for the purpose of elevating a structure shall not be permitted
within the floodway.
7. Foundation construction for structures within the floodway shall be designed to
allow for the free flow of flood waters.
6.20 SUBDIVISIONS
1. The floodway shall not be considered usable lot area for proposed subdivisions.
Proposed subdivisions must contain sufficient area outside of the floodway with
suitable characteristics to meet county standards.
2. Floodway areas may be included in the boundaries of a plat as community property,
recreational area, or other similar open space.
3 he floodway areasort occupying porary utse only and hall be readily removable utilize
the
event of a flood. I
Jefferson County Flood Damage Prevention Ordinance
Ordinance No. 18-1120-95
21
6.30 STORAGE
1. The storage or processing of materials that, during the time of flooding, are
flammable, explosive, or otherwise injurious to human, animal, or plant life shall not
be stored in the floodway.
2. Materials that are buoyant shall not be stored or placed in the floodway unless
secured against movement during a flood.
6.40 PREFERRED USES
Uses that do not obstruct floodways or threaten other land and have a low flood damage
potential shall be preferred within floodways. Examples include but are not limited to
agriculture, stock grazing, parks, golf courses, horticulture, forestry, parking areas, or
activities that are readily removable in the event of floods.
6.50 ALTERNATIVES
Proposed construction or other activities within the floodway that vary from these
standards shall conform to Section 5.4 of this Ordinance.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
22
SECTION 7: WETLANDS
Wetlands are areas of great natural productivity and hydrological utility, providing natural
flood control, flood desynchronization, and flow stabilization of rivers and streams. The
unrestricted use and development of wetlands may destroy many of these beneficial
qualities which directly affect human health and safety during flood events. The piecemeal
alteration and destruction of wetlands through draining, dredging, filling, and other means
has an adverse cumulative impact on their ability to reduce flood damages.
Developments within Jefferson County should, to the maximum extent possible, seek to
avoid the short and long term adverse impacts associated with the destruction or
modification of wetlands, especially those activities which limit or disrupt the ability of the
wetland to ameliorate flooding impacts: - - --
7.101 Wetlands Management
1. Proposals for developments within flood hazard areas shall be reviewed by the
Jefferson County Development Review Division for impacts on wetlands located
within flood hazard areas.
2. Development activities in wetlands which are within flood hazard areas shall not be
permitted if they would adversely affect public health, safety, and welfare by
disrupting the wetlands capacity to reduce flood hazards.
3. Information from the National Wetlands Inventory, the Jefferson County Flood
Insurance Rate Maps, and any subsequent wetland studies shall be available to the
public at the Jefferson County Development Review Division to aid in identifying
wetland areas within flood hazard areas.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
23
SECTION 8: COASTAL HIGH HAZARD AREAS (V1 -V30 & VE Zones)
Coastal high hazard areas, designated on the FIRMs as zones VI 430, VE, and /or V, are
located in areas of flood hazard associated with high velocity water from surges, including
but not limited to storm surges and tsunamis. Therefore, in addition to meeting all other
provisions in this Ordinance, the following provisions shall also apply:
1. All new allowable construction and substantial improvements in zones V1 -V30 and
VE (V if base flood elevation data is available) shall be elevated on pilings and
columns so that:
A. = 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.
B. The pile or column foundation and structure attached thereto is anchored to
resist flotations, collapse, and lateral movement dye 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).
C. 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 A and B of this Section.
2. The proponent shall 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 V1 -30 and VE
and whether or not such structures contain a basement. The local administrator
shall maintain a record of all such information.
3. All new construction shall be located landward of the reach of mean high tide.
4. A. All new construction and substantial improvements shall 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.
B. For the purpose of this section, a breakaway wall shall have a design safe
Jefferson County Flood Damage Prevention Ordinance
24
Ordinance No. 18- 1120 -95
loading resistance of not less than ten (10) and no more than twenty (20)
pounds per square foot.
C. Use of breakaway walls which exceed a design -safe loading resistance of
twenty (20) pounds per square foot (either by design or when required by
local or state codes) may be permitted only if a registered professional
engineer or architect certifies that the designs proposed meet the following
conditions:
L Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood.
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).
5. 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.
6. The use of fill for structural support of buildings shall be prohibited.
7. Man -made alteration of sand dunes which would increase potential flood damage
shall be prohibited.
Jefferson County Flood Damage Prevention Ordinance
ordinance No. 184120-95
25
SECTION 9: APPEALS AND VARIANCES
9.10 APPEALS
9.101 Appeal Board
1. The Jefferson County Board of Commissioners shall act as the Flood Plain
Management Board of Appeals to hear and decide appeals and requests for
variances from the requirements of this Ordinance.
2. The Board of Appeals shall hear and decide appeals when it is alleged that the
responsible official has erred in the administration or enforcement of this ordinance.
3. Appeals and requests for verification must be filed in writing to the Board of Appeals
no later than thirty (30) days.following -a decision by the responsible official and
shall be heard no later than forty -five (45) days after the date of filing.
4. Those aggrieved by the decision of the Board of Appeals may seek relief in the
Superior Court as provided by state law.
9.102 Verification of Flood Hazard Area Boundaries
1. in the event of a discrepancy with the flood hazard area boundaries as adopted by
reference in Section 3.10, the property owners shall have the burden of proof to
correct the boundaries. The use of data from federal, state, or other sources may
be utilized in determining the flood hazard area boundary. Verification of the
boundaries shall be approved by the Flood Plain Management Board of Appeals.
Establishment of the boundaries shall be ensured by:
A. Completion of a survey by a registered surveyor showing the lowest adjacent
grade (in relation to mean sea level), together with the base flood elevation
along several transects of the subject property.
B. Certification by the responsible official after review of all information
provided by the applicant and inspection of the property. Compliance with
Section 9.102.1(A) will be necessary in the event the responsible official
cannot verify a change to the flood hazard area boundary.
2. Verification of flood hazard area boundaries shall be kept on public record for
inspection by interested parties. Such information may be utilized when verifying
other requests.
Jefferson County Flood Damage Prevention Ordinance ordinance No. 18-1120-95
iZ.y
9.20 VARIANCES
9.201 General
Variances from the foregoing regulations may be permitted under certain circumstances,
provided a variance request is submitted in writing, together with the original flood area
certificate. Such variances shall be reviewed according to Section 9.203, hereinbelow.
9.202 Administrative
Variances from the administrative procedures portion of this Ordinance may be granted
by the Jefferson County Board of Commissioners upon recommendation of the responsible
official when the Board is assured the variance is in keeping with the general intent of this
Ordinance and the public health, safety, and welfare would not be adversely affected
thereby. In granting administrative variances, the Board may require their own conditions
which, in their judgment, secure substantially the administrative procedures or
requirements so varied.
9.203 Conditions
1. Requests for variances shall be heard by the Board of Appeals and the designated
departments no later than forty -five (45) days after the date of filing.
2. Variances may be issued for the reconstruction, rehabilitation, or restoration of
strictures listed on the National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set forth in the remainder of this
section.
3. The only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a lot
of one -half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing all the items in listed
in Section 9.203 (7), hereinbelow, have been fully considered.
4. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
5. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
6. Variances shall only be issued upon:
A. A showing of good and sufficient cause.
B. A determination that failure to grant the variance would result in exceptional
hardship to the applicant.
Jefferson County Flood Damage Prevention Ordinance
27
Ordinance No. 18-1120-96
C. 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.
7. in deciding upon requests for variances, the Board of Appeals shall consider the
terms and intent of this Ordinance and the:
A, Potential that materials may be swept during flooding onto other lands to the
detriment of others.
B.. ' Actual danger to life and property if flooding or erosion occurs.
C. Susceptibility of the proposed development and its contents to flood
damage.
D. Importance of the services provided by the proposed facility to the
community.
E. Necessity to the development of a waterfront location.
F. Availability of the alternative locations for the proposed use which are not
subject to flood or erosion damage.
G. Relationship of the proposed use to the comprehensive plan and flood plain
management program for that area.
H. Safety of access to the property in times of flood for ordinary and emergency
vehicles.
Expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and the effects of wave action at the site.
J. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities.
K Location and extent of storage area for flood water which will be displaced
by the proposed development.
L. The compatibility of the proposed use with existing and anticipated
development.
8. Upon consideration of applicable factors and the intent of this Ordinance, the Board
of Appeals and their designated departments may attach such conditions to the
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
28
granting of variances as it deems necessary to further the purposes of this
Ordinance.
9. In the absence of reliable base flood elevation data and information on the effect
of flood waters by the proposed activity, the person(s) requesting the variance shall
be directed by the Board of Appeals or their designated departments to obtain such
data and information from federal, state, or other sources, including the analysis of
a registered professional engineer, architect, or surveyor when necessary.
10. Any applicant to whom a variance is granted shall be given written notice of
approval and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation, if applicable.
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 18-1120-95
29
SECTION 10: LEGAL PROVISIONS
10.10 PENALTIES AND ENFORCEMENT
1. The Jefferson County Prosecuting Attorney shall bring such injunctive, declaratory,
or other actions as are necessary to ensure compliance with this chapter.
2. Any person who fails to comply with this chapter shall also be subject to a civil
penalty not to exceed one thousand dollars for each violation. Each violation or
each day of noncompliance shall constitute a separate violation.
3. The penalty provided for in this section shall be imposed by a notice in writing,
either by certified mail with return receipt requested or by personal service, to the
person incurring the same from Jefferson County describing the violation with
reasonable particularity and ordering the act or acts constituting the violation or
violations -to cease and desist or, in appropriate cases, requiring necessary
corrective action to be taken within a specific and reasonable time.
4. Any penalty imposed pursuant to this section by local government shall be subject
to review by the local government legislative authority.
10.20 SEVERABILITY
If any section, subsection, or other portion of this Ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such section, subsection, or
portion shall be deemed a separate portion of this Ordinance and such holding shall not
affect the validity of the remaining portions of this Ordinance.
10.30 EFFECTIVE DATE
This ordinance shall become effective the twentieth day of December, 1995.
Jefferson County Flood Damage Prevention Ordinance
30
Ordinance No. 18-1120-95
1
2 10.40 ADOPTION DATE
3 C�k'
4 Adoption: Adopted by the Jefferson County Board of Commissioners this o?D day of
5 WA-V w>r f}fit� , 1995.
6
7
8 BOARD OF
9 JEFFERSON
10 ATTEST:
11 Loma Delaney, Clerk of the B rd
ZV-
12
13
14 ATTEST AS TO FORM:
15
16
17 David Skeen, Prosecuting Attorney
18 Jefferson County
19
20
21
22
23
24
25
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Richard
Chair
Jefferson County Flood Damage Prevention Ordinance Ordinance No. 184120-95
31
INDEX
Manufactured Homes ..............................................
12,13
Defined..... .....................................................
5
elevating......................................................
_ 15
materials & methods ................................................
14
Start of Construction and ............... ...............................
6
Zones Al -A30, AH, AE ..............................................
13
MobileHomes ....................................................
12,13
Defined...........................................................
5
elevating.........................................................
15
materials & methods ................................................
14
Sewage Disposal Systems .............. ...............................
17
Water Supply Systems . : ............. ................
— ............. IT
ZoneAH .....................................
................ — 3,13
Defined...........................................
................ 3
ZoneAO .......................... ...............................
3,18
Defined...........................................................
3
Protection Provisions ...... .........................................
12
Zones A -A30, AH, AE ..... ......................................
ll
_ .. 13
manufactured homes ................................................
13
Zones VI - V30, VE, V ................................................
24
Defined............. ........................................
.... 3
Jefferson County Flood Damage Prevention Ordinance
32
Ordinance No. 18-1120-95
-rr- L
TO: Port Townsend & Jefferson County Leader [legals@ptleader.com]
LEGAL NOTICE
Please publish one (1) time: Wednesday, May 3, 2006 in 7 -point font
BILL: Jefferson County Department of Community Development
621 Sheridan St
Port Townsend WA 98368
(Brent A. Butler, 360- 379 -4464)
DATE: _ Monday, May 1, 2006 Deadline: Monday 3:00 PM]
NOTICE OF SEPA DETERMINATION AND PUBLIC HEARING BEFORE THE
JEFFERSON COUNTY BOARD OF COMMISSIONERS ON
PROPOSED UPDATE TO FLOOD DAMAGE PREVENTION ORDINANCE
NOTICE IS HEREBY GIVEN that the Board of County Commissioners (BoCC) for Jefferson County
will hold a public hearing on Monday, May 15, 2006 to take oral comment on a proposed replacement
ordinance for the 1995 Flood Damage Prevention Ordinance, Chapter 15 of Title 15 of the Jefferson
County Code (JCC). The hearing will occur at 11:00 AM in the BoCC Chambers, Jefferson County
Courthouse, 1821 Jefferson St., Port Townsend. Jefferson County has determined that it is the
appropriate State Environmental Policy Act (SEPA) lead agency for the proposal. Adoption of code
amendments would be a non - project action under SEPA, Chapter 43.21C RCW.
In order to meet minimum Federal and State standards administered by the Federal Emergency Management Agency,
commonly referred to as FEMA, under the direction of Homeland Security and verified by the Department of
Ecology of the State of Washington, the existing Jefferson County Flood Damage Prevention Ordinance No. 18-
1120-95 will be replaced in its entirety and a new Flood Damage Prevention Ordinance adopted. All sections in
existing Chapter 15 of Title 15 adopted by Ordinance 18- 1120 -95 will be replaced by a new Flood Damage
Prevention Ordinance which shall include the following eight (8) sections, all under Chapter 15 of Title 15, as
follows:
1) 15.15.010, Statutory Authorization; 2) 15.15.020, Findings of Fact; 3) 15.15.030, Statement of Purpose; 4)
15.15.040, Methods of Reducing Flood Losses; 5) 15.15.050, Definitions; 6) 15.15.060, General Provisions; 7)
15.15.070, Administration; 8) 15.15.080, Provisions for Flood Hazard Reduction.
The foregoing eight (8) sections replace all the existing sections of Chapter 15 of Title 15, including: 15:15.010,
Findings; 15:15.020, Purpose; 15.15.025, Methods; 15.15.030 Definitions; 15:15.040, Flood Hazard Area;
15.15.050, Consistency with other, 15.15.060, Liability disclaimer; 15.15.070, Flood Area Certificate — Required;
15.15.080, Flood Area Certificate — Applicability; 15.15.090 Responsible Official — Designation; 15.15.100,
Responsible Official — Duties and Responsibilities; 15.15.110 Residential Construction; 15.15.120 Accessory
Structures; 15.15.130, Nonresidential Construction; 15.15.140, Materials and Methods; 15.15.150, Utilities;
15.14.160, Subdivisions; 15.15.170, Critical Facilities; 15.15.180, Shallow Flooding Areas (AO Zones); 15.15.190,
Alternatives; 15.15.200, Floodways — Description; 15.15.210, Floodways — Construction; 15.15.230, Floodways —
Storage; 15.15.240, Floodways — Preferred Uses; 15.15.250, Floodways — Alternative Measures; 15.15260,
Wetlands; 15.15.270, Coastal High Hazard Areas (V 1 -V30 and VE Zones); 15.15.280, Appeals Board; 15.15.290,
Verification of Flood Hazard Area Boundaries; 15.15.290, Verification of Flood Hazard Area Boundaries;
15.15.300, Variances — General; 15.15.310, Variances — Administrative; 15.15.320, Variances — Conditions;
15.15.330, Penalties and Enforcement.
Adoption of Existing Environmental Documents: This publication also serves as a notice of the adoption
of existing environmental documents pursuant to SEPA rules (Chapter 197 -11 WAC) with respect to this
code amendment proposal. After review of the proposal and existing environmental documents, the
SEPA Responsible Official at the Department of Community Development (DCD) has determined that
existing environmental documents provide adequate environmental review to satisfy the requirements of
WAC 197 -11 -600. In accordance with WAC 197-11-630, there is no new SEPA - specific public
comment period in conjunction with this adoption notice. However, the BoCC is accepting general
comments on the merits of these suggested amendments as detailed below.
The following existing environmental documents are being adopted:
• Draft and Final Environmental Impact Statements (DEIS/FEIS) and addenda prepared in
anticipation of adoption of the Comprehensive Plan in 1998. The DEIS and FEIS are dated
February 24, 1997 and May 27, 1998, respectively, and examined the potential cumulative
environmental impacts of adopting alternative versions of the Comprehensive Plan. There are
Comprehensive Plan goals and policies that address flood damage prevention and support
participation in the National Flood Insurance Program (NFIP).
Public Comment Period: The BOCC will accept oral comment on the proposal at the public hearing
May 15 and written comment from May 3 until the close of the public hearing. Written comments on the
proposals may be submitted to DCD at 621 Sheridan Street, Port Townsend WA 98368; via email to
planning(@,,co.jef erson.wa.us; or delivered to the BoCC at the public hearing.
Legislative Decision: The BoCC is expected to take action on the proposal on May 15 or shortly
thereafter. BoCC meeting agendas are available on the County website.
Availability of Documents: For more information or to inspect or request copies of the proposal, contact
DCD Long -Range Planning at the mail or email addresses above, by phone at (360) 379-4450.
Approved this 1 ay ay 200 .
Phil Jo nson, o C Chair —