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Home My WebLink About05 82 '. , .. ~.....~ O~K}?NANCE NO. 5-82' ,.lEF'FX1i8UFl{X)t1N1'i' 'F'TOOO PLAIN MANAGEMEJv1'" ORDINANCE 'i'HEFrft#$tltt:,{;fK,I~tfY,8Df\RO OF. C0ftt11SS IONfRS " B ;~; (hown. Cha i nlian ,'l.~<; t\l;.1. "'r:a, Member , _'. ..~~~_,:r-.~ -_~~.t_~~.4.I' ..... . . ,{i;, 'h,,~, ~rcer,~Member .,;:Ff ,'sun COUN1\ :'LANNING DEPAR'tMENT .."..DlIl1 d,,{jQ'1 dslltJ 'i t~, Director ;~lVi€;tNiittl1dnson $< ~,:sQ,ci ate Planner i".I:erf"j'<'lear(!i.lfl <.'::', 'late Planner u ('.' )OUi.ilif14j..d . Adtnitrt st,l~ative Ass i s tgot Petef;$teel.pra!;nln~ Technician JULY 1982 'lOt' 8 fAG: 01637 \) . , VOL 8 r~,(,: 0 1638 ,-I .' I TABLE OF CONTENTS PAGE .. . SECTION 1 RECITALS 1.10 Findings 1 1.20 Purposes 1 SECTION 2 DEFINITIONS 2 SECTION 3 SCOPE 3,10 Flood Hazard Areas 4 3.20 Consistency 4 3.30 Liability Disclaimer 4 SECTION 4 ADMINISTRATION 4.10 Flood Area Certificate 5 4.20 Responsible Official 5 SECT ION 5 FLOOD HAZARD PROTECTION PROVISIONS 5.10 Construction 7 5.20 Util ities 10 5.30 Subdivisions 10 5.40 Alternatives 10 SECTION 6 FLOODWAYS 6.10 Construction 11 6.20 Subdivisions 12 6.30 Storage 12 6.40 Preferred Uses 12 6.50 A lter'nat i ves 12 SECTION 7 APPEALS AND VARIANCES 7.10 Appeals 13 7.20 Variances 13 SECTION 8 LEGAL PROVISIONS . 8.10 Serverability 16 8.20 Effective Date 16 8.30 Adoption 16 VOl 8 tAC~ ot 639 ~_,.J . SECTION 1 RECITALS 1.10 FINDINGS 1. The flood hazard areas of Jefferson County are subject to periodic inunda- tion 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 utility such as water and ~as 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 develop- ment 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. B. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. ... 'I. , VOL 8 'lrt: r..,\J:.. 01t~<iO ,-.-,. SECTION 2 DEFINITIONS . . Unless specifically defined belowt words or phrases used in this ordin- ance 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. Base Flood: The flood having a one percent chance10f being equalled or exceeded in any given year. 2. Coasta'l Flood Hazard Area: The area subject to high velocity flood waterst including but not limited to storm surge and tsunamis. 3. Development: Any man-made change to improved or unimproved real estatet including but not limited to buildings or other structures, miningt dredg- ing, filling, ,grading, paving, excavating, or drilling'operations located within the area of special flood hazard. 4. 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 b. The unusual and rapid accumulation of run-off of surface waters from any source. 5. Flood Hazard Area: The land in the flood plain within a community subject to a one percent or greater chance of fl oodi ng in any gi ven year (see Figure 1). 6. Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards arid the risk premium zones applicable to the community. 7. Flood Insurance Study: The offical report provided by the Federal Insur- ance Administration that includes flood profiles, the flood boundary-flood- way mapt and the water surface elevation of the base flood. _ 8. Floodway: The portion of the fluod plain consisting of the stream channel and overbdnk areas capable of conveying a selected flood discharge and keeping it within designated heights and veolocities. The floodway is intended to carry the deep and fast moving water (see Figure 1). 9. Floodway Fringe: That portion of the flood plain that lies between the floodway and the outer limits of the~flood hazard area (see Figure 1). 10. Flood Plain: The area adjoining rivers, streams, lakes. or coastal waters subject to flooding (see Figwre 1). (This may include an area ,larger than the flood hazard area.) , FIG.1 k- I I : FLOOD FRINGE ~__u__ FLOOOWAY ----1: I AREA I I I I I I I I . I I ~ ~~~..~~ ~CHANNEL~ I ENCROACHMENT -1l l(- -, :,0- I I flOOD FRINGE AREA )1 I I I I I I I I ~. -'- 100 YR. FLOOD PLAIN '/1-" FLOOD PLAIN CROSS SECTION 2 VOL 8 r.;[~ 0 1641 ') 11. Habitable Floor: Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. 12. 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. 13. Mean Sea Level: The average height of the, sea for all stages of the tide. 14. New Construction: Structures for which the' "start of construction" com- menced on or after the effective date of this ordinance. 15. Responsible Official: That county department, officer, committee, or representative designated by the board of county commissioners to under- take the responsibilities and duties of this ordinance. 16. Structure: A walled and roofed building or mobile home that is princi- pally above ground. 17. Substantial Improvement: Any repa.~r, reconstruction, or improvement of a structure, the' cost of which equals or exceeds fifty percent Qf the market value of the structure either: a. Before the improvement; or b. If the structure has been damaged and is being restored before the pamage occured. For the purposes of this definition, substantial improvement is considered to occur when the fi~st alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects.the external dimen- sions of the structure. The term does not, however, include either: a, 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 b. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. 18. Subdivision: T~e division of land for the purpose of sale or lease including mobile home parks and recreational vehicle parks. 19. Variance: A grant of relief from the requirem~nts of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance. '" 3. VOL 8 i',!,(;: 016(12 SECTION 3 SCOPE 3.10 FLOOD HAZARD AREAS 1. Flood hazard areas, including the coastal flood hazard areas, are identi- fied by the Federal Insurance Administrption in a scientific and engineer- i ng report entitl ed, liThe Flood Insurance Study for Jefferson County, Washi ngton Uni ncorporated A.reas'lI dated January 19, 1982, wi th accompanyi n9 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 Planning Department (County Courthou~e, Port Townsend, Washington 98368) . 2, In the event there is a discrepancy between flood insurance rate maps and other information, or where detailed base information is not provied by the flood insurance rate maps, verification of flood hazard area informa- tion and boundaries may be obtained following the procedures established in Sections 4,101.4 and 7.102 of this ordinance. 3.20 CONSISTENCY . All developments in the flood plain should be consistent with the Jeffer- son County Comprehensive PZan and other applicable plans, policies, ordinances, regulations, and restrictions, including the Jefferson County Shoreline Manage- ment Master Program, and any easements, covenants, or deed restrictions where applicable. Ifany 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 causes. This ordinance does not imply that land outside the areas of special flood hazards or uses per- mitted within such areas will be free from floOding or flood damages. This ordinance shall not create liability on the part of Jefferson County for any flood damages that result from reliance on this ordinance or any administra- tive decision lawfully made thereunder. -. 4. VOL 8 rAC~ 016'-13 SECTION 4 ADMINISTRATION 4.10 FLOOD AREA CERTIFICATE 4.101 ESTABLISHMENT 1. By this ordinace. a fLood ar'ea certificate is hereby established that shall be completed prior to final approval of other applicable county permits for all substantial developments. subdivisions, and installation of utilities within the flood hazard areas. 2. Application for a flood area certificate shall be made available to persons by the responsible official at the time of application for other pecessary review or permits. 3. The completed flood area certificate shall include a written and graphic portraya 1 of the fo 11 owi ng i nformat ion: a. The location of the subject property in relation to the flood hazard area, b. The distances of the property and the proposed acttvity 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. In the absense of detailed base flood elevation data sufficient to satisfy the requirements of this section. the applicant shall obtain the necessary information from federal. state. or other sources. including a determina~ tion by a registered professional engineer or surveyor where necessary. 4.102 APPLICABILITY Within flood, hazard areas adopted by reference in Section 3.10.1. no county permit, approval, authorization, license, or franchise shall be g~gnted for any proposed project without full compliance with the terms of this ordin- ance 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 provisipns of this ordinance. The responsible official shall be that department, officer, committee, or repre- sentative designated by the Jefferson County Board of Commissioners, including but not limited to the Jefferson County Building Department. Jefferson County Planning Department, Jefferson County Health Department, and Jefferson County Public Works Department. - 5. , . VOL 8 rAG~ 01 f?44 , , 4.202 DUTIES AND RESPONSIBILITIES Duties of the responsible official shall include but not be limited to: 1. Make a good faith effort to determi ne that a 11 necessary pennits have been obtained from those 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 if necessary. 4. Revie~ and utilize all base flood elevation data in order to administer the provisions of this ordinance. S. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor of all new or substantially improved structures, and whether or not the structure contains a basement. 6. Maintain for public inspection all recQl'ds pertaining to this ordinance. 7. Maint~in the flood prooting celtifications required in Section 5 of this ordinance. 8, Notify adjacent property owners 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 carryinq 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.) 6. VOL 8 D.r~ ()t 645 .. SECTION 5 FLOOD AREA PROTECTION PROVISIONS FLOOD HAZARD AREAS-_ , '00 YEAR fLOOD PL AIN ) -- ~" I I , I I I I I '.'-'1-'-' , I I I ~' . I I .:.......-.. -.,- --- --. -'1 u - FLOODWAY, .. I ;-' , '" 100 YA. FLOOD LEVEL CHANNEl I 5.101 5.10 CONST~UCTIO,,! RESIDENTIAL) COMMERCIAL, AND INDUSTRIAL 1. New construction and substantial improvement of any y'esidential, commer- cial or industrial structure, including manufactured and/or mobile homes shall have the lowest floor, including the basement, eleveated to one foot above base flood elevation. The basement may be below the base flood elevation if restricted against-habitation. 2. Manufactured and/or mbbile homes, 'including those within mobile home parks, shall be anchored to resist floatation, collapse, or lateral movement by providing over-the-top and frame ties to ~round. anchors. Specific require- ments shall be that: . 9' ,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. 5.102 OTHER Other construction such as agricultural and storage buildings and appur- tenances to single family homes shall meet the standards of this ordinance but not be required to be elevated above the base flood level, unless required by the responsible official. 7. VDL 8 'r;(I: I. _'_ 01646 ~ " . 5.103 MATERIALS AND METHODS ,.-----.---" -~ ~ 1. All new construction and substantid'l improvements. including manufactured and/or mobile homes and lion-residential structures. shall: a. Be anchored to prevent floatation. collapse. or lateral movement of the structure. b. Be constructed with IJIdteria1s and utility equipment resistent to flood damage and potential damage to ddjacent 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. i.. Flood proofing of structures shall be provided by one or more of the following methods: d. Llndtill _\!lotperll!i..1.t..~,9--1I,-.floodw!lj'J: The placement of fill may be utlTlzecr to elevate the structure and must comply with the standards and policie:i of the d<:J'f'el't>ciYi-!)or.t :lulilYWend Shoy'el-ine Management Mudel' l-'1'o~r'i.IJlI. if applicable. b .~.2.1 e -1..1 i e r~~~..!~.il i flU ~_ons tructi Oil: rhe use of po 1 es , piers. or pil es for the fo~ndation of the structure nlay be used to allow the unrestric- ted flow of flood waters during periods 'at a base flood. The lowest habitable floor must be one foot above the base flood level (see Figure 3). In the instance of elevating manufactured and/or mobile homes on pi1ings,pi1ing 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. 1ft. BASE ~ fLOOO--- -- -- - - ---- LEVEL I "'IlJI! \ Jc ,( . . \ ( jf~- ~A.E FIG.3 POLE, PIER OR PILING CONSTRUCTION c. Parallel Foundation Walls: Foundation walls may be designed and con- structed to provide open spaces through which water can flow unrestric- ted 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). 8, ". VOL 8 r'lrt:' MIL 01647 FIG. 4 GHOUND LEVEL ~~ 1 ft, ELEVATION ' "",' 100 VHfLOOO LE\>';l, ,.> .: ---- · Arruw:. UI~ll.ltl* 11000 f1uw PARALLEL FOUNDATION WALLS d. Extended Foundation Walls and Basements (not permitted in the floodway): The lowest habitable floor of a residence may be constructed on founda- walls that extend above grade to one footapove the height of the base flood (see Figure 5). FIG,5 .... /v'./ "...V...J~.; . , /' ~ ./' V}~..~,:-;. ....... . i I ,'" ~.1- ~ .~ ~ _" -, ,I Iv /:/' .... ~ "::",~ \ .., : l...-;''' .... <" .::!::t'".... #' . IF. ELEVATION- - - _ _ _ -...... - - -- -~-"""'--. 100 VA.fl.OOO LEVEL '.. EXTENDED FOUNDATION WAllS AND BASEMENT 9. VOL 8 rA['~ 01648 3. Alternative methods of flood proofing shall conform to Section 5,40. 1. 2. 5.20.UTlblTIES Where possible all new and replacement water supply systems and on-site sewage disposal systems shall be located outside of the flood hazard area. Water Supply .systems: a. All new dnd replacement water systems shall be designed to minimize or el iminate infiltration of flood waters, into the system. b. Pumphouses and well casings must be at least one foot above the base flood elevation. _S~!,jl~_ 0 i s pu s a l~_s t e.!!!~ : a. All new and replacement sanitary sewage systems shall be designed to eliminate buoyancy and to minimize or eliminate infiltration of flood W.lters into the '.ystems 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. 3. 1. 5.30 SUBDIVISIONS New subdivisions, including mobile home parks, recreational vehicle parks, travel trailer parks, and commercial or industrial subdivisions, as defined by the Jeffer'son County Subdivision Ordinance, shall: a. Be consistent with the need to minimize flood damage. b. Have utilities and facilities such as s~wer, gas, electrical, and water systems located and constructed to minimize flood damage. c. Have adequate drainage provided to reduce exposure to flood damage. d. Provide property and base flood elevation data (in relation to mean sea level) for each proposed lot. e, Meet the applicable requirements of this ordinance regarding construc- tion, utilities, and administrative review. Floodway areas shall be deemed unsuitable for the purpose of building sites, but may be included in the boundaries of a plat as conmunity 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 con- tain sufficient land of suitable characteristics to meet county standards. Floodway areas may be utiHzed within recreational vehicle or travel trailer parks as per Section 6.20.3. 2. , 5.40 ALTERNATIVES Protecti ve measures for any structure or act i vit i 12S withi n the flood hazard zone that vary from those described herein must be certified for adequacy 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 7 of this ordinance. 10. VOL 8 r,~r~ 01649 SECTION 6 FLOODWAYS 11-1 ld:\lAIION f'<' I _ - - fLOOD HAZARD AREAS - _ - - - - (100 YEAR FLOOD PLAIN) - - - - _ "----,..-)r 11;---- I I I I I I I FLOODWAY 100 YA, FLOOD LEVEL CHANNEL FLOODWAY AND FRINGE AREAS The fast and deep waters of the flood are found within the floodway. It is the water~ 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, causinu increased water velocities,'thus increasing damages. Due to the hazard of developing within the floodway, the followinq standards shall apply within floodways in addition to those found in Section 5. 6.10 CONSTRUCTION 1. New construction (including residential development), substantial improve- ments, encroachments, and other developments are prohibited unless certifi- cation by a registered professional engineer or architect is provided demonstrating that developments shall not result in any increase in flood levels during the ocqlrrence of the base flood discharge. 2. On existing lots of record where sufficient lot area is available to meet county standards, new construction, substantial development, or the place- ment of utilities shall occur outside of the floodway. 3. The construction of basements shall not be permitted within the floodway. 4. The placement of fill for the purpose of elevating a structure shall not be permitted within the floodway. 11. VOL 8 LAr~ ftlU_ 01650 5. 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 subdi- V1Slons. Proposed subdivisions must contain sufficient area outside qf the floodway with suitable characteristics to meet county standards. . 2. Floodway areas may be included in the boundaries of a plat as cOlllTlunity property, recreational area, or other similar open space. 3. Camper vehicles occupying recreational vehicle or travel trailer parks may util ize the floodway areas for temporary use only and shall be readily removable in the event of a f~ood. 6.30 STORAGE 1. The storage or processing of materials that, during the time of flooding, are flamable, 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 flQodways. Examples include but are not limited to agriculture, stock grazing, parks, golf courses, horti- culture, fares try, parking areas, or acti viti es that are readi ly removable in the event of floods. 6.50 ALTERNATIVES Proposed construction or other activties within the flood~lay that va17,y From from these standards shall conform to Section 5.4 of this ordinance. 12. VOL 8 rAGE 01651 'f'I' SECTION 7 APPEALS AND VARIANCES 7.10 APPEALS 7.101 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 and verification of flood hazard area boundaries. 2. The board of appeals shall hear and decide appeals when it is is alleged that the responsible official has err~d in the administration of this ordinance. 3. Appeals and requests for verification must be filed in writing to the board of appeals no later than thirty days following a decision by the responsible official and shall be heard no later than forty~five days after the date of filing. 4. Those aggrieved by the decision of the boar~ of appeals may seek relief in the Superior Court as provided by state law. 7.102 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 3.10.1, the property owners shall have the burden of proof to correct the boundaries. The use of data from federal, state, or oltber sources may be utilized in determining the flood hazard area boundary. Verification of the boundaries shall be approved by the Flood Pl a i n Management Board of Appeals. Estab 1 i shment of the boundaries shall be ensured by: a. Completion of a survey by a registered surveyor showing the average grade (in relation to meQn 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 informa- tion provided by the applicant and inspection of the property. Compli- ance with Section 7.102.1(a) will be necessary in the event the respon- sible 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. 7.20 VARIANCES 7.201 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 7.203. 1'3. VOL 8 0, 1652 rAGE . . 7.202 ADMINISTRATIVE Variances from the administrative procedures portion of this ordinance may be granted by the Jefferson County Board of Commissioners upon recommenda- tion 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 judgement secures substantially the administrative procedures or requirements so varied. 7.203 CONDITIONS 1. Requests for variances shall be heard by the board of appeals and their designated departments no later than forty-five days after the date of fil i ng. 2. Variances may be issued for the reconstructian, rehabilitation, or restpra- tion of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would r~sult. 4. Variances shall only be issued upon a determination th~t the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon a: -. a. Showing of good and sufficient cause, b. Determination that failure to grant the variance wou1d result in exceptional hardship to the applicant. l- c. Determination that, the granting ora variance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense; create nuisances. cause fraud on or victimiza- tion of the public. or conflict with existing local laws or ordinances. 6. In deciding upon requests for variances, the board of appeals shall con- sider the terms and intent of this ordinance aod 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 flogd-..- damage .- d. Importance of the services provided by the proposed facility to the cO/1lllunity. 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 eros,~n 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 tim~s of flood for ordinary and emergency vehicles. i. Expected heights, velocity, duration, rate of rise, and sediment trans- port of the flood waters and the effects of wave action at tQe site. j. Costs of providing governmental services during and after flood condi- tions, including maintenance and repair of public utilities and facil- ities. 14. " VOL 8 rAG~ 0 1653 'II )'JI . .. k. Location and extent of storage area for flood water which will be displaced by the proposed development. 7. 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 granting of variances as it deems necessary to further the purposes of this ordinance., 8. In the absence of reliable base flood elevation data and infonnationon 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 toobtain such data and information from federal, state, or other sources, including the analysis of a registered professional engineer, architect, or surveyor when necessary, 9. Any applicant to whom a variance is ~ranted shall be given written notice of approval and that the cost of flood insurance will be commensurate with the increased risk resulting from the red~ced lowest floor elevation, if applicable. " -~ ~ '" 15. VOL 8 f,lrr. M\J_ 01654 , -. SECTION 8 LEGAL PROVISIONS 8.10 SEVERABILITY If any section. subsection, or other portion of this ordinance is for any reason held invalid or unconstitutional by any ~ourt 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. . 8.20 EFfECTIVE DATE This ordinance shall become effective this 19th day of July, 1982. 8,30 ADOPTION The Jefferson County Flood Plain Management Ordinance is hereby adopted by the Jefferson County Board of Commissioners this 19th day of July, 1982. SEAL: BOARD OF COMMISSIONERS OF JEFFERSON COUNTY. WASHINGTON ~~/ B.G. Brown. Chairman - Q CJ:br ~' ./7{( ./4~ . . OrMeara, em er ./ " -',- , , ,/ -. - / -- -' , -.--' ..... / ATTEST:/~Qr~fe)(Z ~ J ne . Bragg. Clerk of the Board !!r%{~fl~:.~u:I~ .. .. 16. VOL 8 rAC~ 0 1655 . ' ;. :,' . ~ '.. '-;, .; ... : ,'~'/~'.:'. .~. ':' J ;,_h .... ~. !..,,' -:'.,<!;:':{:...-: " ,. 'r J ('; .', " ,:'C" NOtKlOfA .uaac iIIllUlG~G Section :.t>Admf"(stra': RIGAIDIMG tHE nofIOSED~ itlon:-'Th:{s.;,..;.-..tflon li~~'DOPIIOIl Of 1M t~!estoblish..'-.the floot'.'.,;.eci;. ;JE~F~RSO'fCOUNT~~ ;.cert'flcatef,jtiatl'shall.' ~~ :. <"j FLOOD'PI.AIN"';;.;~'if<'..complet~ifAo. ~:.nsur... .!);;9/MNAGEMEN''':1 .,' ;compliance,: witho.~"th. ';'l;:lk,.:ORoIHANGf,r:". ; terrn",Dftithl";Ordinonce~ f' ~tkeisfher8bY:~ :No,cou~~:p.rrnlti: ~p- that the- JetfersorifCountY" . proval."l',outhorlzatiorii iOr BOcirdcof CdininissionerS frarichise '" shall-: be ;wiU' cand"~ a,,:publie ....'gfanted for any propo' sed neOnii9"on~i.IdoY~Jury , ' ",~ "".".. :~P":ojeC~'w.ithi~:m.. t1~, ,8i 1982 at 1~.rn' at th4[t ~ hazard "ar.a" withaut i,Quilc.neJlc6rnmunlt1 sot' ft' I C ,. ':!:'.Ji, .,' ~,..,~.I~~~.f!rr':,~"-~p. .._!t.,,!~ :. ' ent."':".~ ,cen.~ '.:~t~ certlflcat~.".;1, "...",: \ Washingtoct ~.Jh. ~r;~ ..~;.,,-:1hissec., ." tion, des. ignat.. 's. ;"~,'-'ot.'~;nf6gc~4 'th" ,', :;rn.nts~ at: oll;;,i~~.st ";,Q:a,<eJ;~:;,l~~::~ '~,~,'_"#..;.",..,.".",:on.",,, ~I ,or>>. '_":"'.",;~~iCh' shOll ?inci~d.- ., , r _ ;<'evi.wl>of't";flood' ,:T,\ ;CidoptiOn..~~, ' , ,', '~on 1..,,,,,, " ,.,<, ,', ,,~r, ' ~ou.nty~'l~~*p(a~n 'c.!t,f,'citj:;'a'~d,: <ali _,:Mano" 9""',~t','~,', )nance~ 'ministraticHt:~. th.' QI' , . ...".., ,dlnanc. ',.' .. '-"':l.,~, 1~,pers~~,,~~lt' , ,..,' .,.-if "wrlften ori~a...coitl'men ",SectIon S,Provlslons i :ot;,,;thls."p:,blk:f~~ri" ',F'ood Ha~ord PrOtecflon 1~!m.-' reip.c~;"~\the:~n- ,~r,avisia~~. '. far ,'floa: \}e~t.and~~~9t;~s ,"ha'ia'rcf~~' ;prat.c:~ici~ .lc>,r~n~~~~~~,>;.ef, .~ ~t~s or..' descrl .,:+"="'.:;..;o:t.d1f';Q.i'\ce;;..,'aFe,f.or "!5I~tlal. ,c ',,~~~'~'ttKt~.;r ',' j:iaFancJ': :ii:ldustrial; ,; c pr~". ..,.."..., . ,.:~~' v', ",.' ,.,Y't',' ",,"",' \~;" ~t.n'e!pMa!!p!}feer;~!ruc:~io~~~;~~~Jca\lY ~~:'Q 'tCll~ng.> !~9~'~C?P!e5,9 .; s,uc:h :st~f~s. sh~~I, ~Ij -:t"'t,pr~I'.ordinance"..I~va!~ :tc?, an.., f09t ;':;JnO'f .'" b' ..ln8d; f . f;bove '~)he'~.bose ., floCi ;-.ih~~:'J.tt,j!~~~;C'Ct~ ',:er.vati'(;',!':~'Struc,f~~i ::rJO,;nnl,n9;:~~..par:'~'Y,. ,~s,!~h: a. ogl'~cu.'tural, an' '.{County~.... Port ;sto~ag~,,~bulld'ngs,...:mf!Y lownseu:',!;;' 7~,.~ingtci:},!at, ,be,t~~l~~ :!!~, ',be 19,8368)~H, ~/i"*:;';\:,. )~t.Vatect~2,";~;'~:;;;-;~.~" P1llf: 'J"~~~:~H,~ntY ;i:;" ~!~~~~~ ai'.,p~av!} ~" ".;,fl~'P'OI,,::.Mo.,,_ ',r'O..geme.,. '. '.r,.t..'.t.",:t().,r:."';r~~,~c.~n!~r.~., c. t.....:()... '9~~~~:,'lr:i"'y,:;,;. "m.at.fIC:,~,("ancl" met, '$jJ' "~_' ~tl()ft(~~!O's~Jh!S ,the pl~.?,entof ~tilitl~' ,.5.4iof1.:, "s.t~t~:::!t14t:;tIt:'.~ subdlv'S,tan, pra~as~;ts ~dtn,gs,,,::r,!gorCl\~9""it~ and, ,acc..~table ,..al~.f >hozardsi~~f~if:tc~c)ct, pro . n,at IV.., '.;' protedl~. .' ~Of"~S' ancthh8~;~o' "measures .that'.~inimi:l. ,__~ '~pUtpoS.s':~4?f:. th.c;,'()r~ or, ,. .liminate'} fat~,;tiLl '-...' 4inOACe.':~f..\*,.' tr ,~, ,..",...,';f floOd damag..',.,;;,iI.,..'[;~lr!I ,,~ . '" ' '~""'~.,...... , "'~"...' .' , .." ..,,;!J.f ,.{~;$ect,on;1..;~(lnj~~,: ~ect'on, ;,,6' ,.floO~: ;;;Ih~ ,d.fi'!~!;enS~~ ~fi'key ThiS section describes t~ :~Y.larP~ and,terrns Usec:l in floodwavfas..th4t ,; mo\t ~1bJti~~i~~a~!tJi~~~: ~ hazard~u~:' 'area .:()f:~ttie W:;}Sec.tIQri.;::"; .',', .. . 'flood,;, ,plau,~ in".terms!!'Of ,..' . ',,' .,,.-,':'0 " ,M . I' ,", , ' l~ ",,'~;pttrnH'a"slons;LthiS '. ev..apment. "Basicall , '..:"..: }.'. ;1.,.~-.,.. .... i.C;~ "a.. ~'.p' 't":','.:.-t, '.,'b"I"" fit. Wil.1~;~o". ',n's.'t r..". '.c..'.t, .1'0...... " ',' " ".~_..' ....." '....r, ,. ~';.t j . .. ,- "."""...' " , -. ~~ ;" ~., ;"i~":. .'~' ~~::~:w~{:.~~~ .,,';;:'.Cfentifi2f1'~..~~'gi.;e:;' 'crac1ch~~t':::~~;'J.fprl;~ ;, ,<.. :\,"9; r~a1.mtitl8d;"'1'h~>~ . hib i tedl~~o;'~'s;v~r. t~' ',': ....':,', .", :.'.< ..,....F,.:,I.,Ood... ..'. !!.ns.... ..'.' u.... ..r'.'.~.,. ...,c,.e.,'~.s".'J., .fi..'...~.r,. "r...st.r.,i.c.ted""'.J~".:..,I.,t,.h.'".!'r;.fi.,Ood,..' '~,',..' ;~.'; ;~)eff. r~o~itca~ n ty!..:woy;~J,ti.,'preferr.d.uses : ::,',:., i,WC;S~hi;91';I!;;Y,!,j".c'~,:: ,a~e' d~f~,,!~::,~d:;:proJ(~ .' <" tparated f~r.eas"~, dat8c:t",s,onsare,mad.,forisus.. ':~:J~nuary.J~~;,l~; ;ith~.L, di~ision-;~~S!orage~.~t~u~' ,.C', '.,company'i1'9.: ,~fl~ad')~,~n~,: !'Ires and alte.rnatl,!es'll :t: ~ura~erat. maps. w~ich':'" SectIOJ!.l,JJoarf!l,\af."e;., (Id.ntlfy~th.:tlood, hazar,d pea's ~ncl Var.tanc!:~r~. , areas. of~,ttte,caunty ..;~:;?,.. ~edurfJs:';: Procedures for < Pravisions, ,for;..,;the. ranting; varianceS fram , "verificaiia'n'>~f "fi~C;d:'th. ,ardinance'ri.' .bazar~area. boundaries ',' quir.m.nts ar..specified " are.referen.ced t~:Sectian "n this seCtion, F!ravisia~s '7. '~"-:f.J!{f;...':r;h~/i.':lfar verifying floOd hazaf.d .':'".".,':', ,.". ',,~:, .'. '., '. . ,.~.~brea. boundari.s Inthe .,..' ;~vent:'; ~of; diScrepancies ,''gr. ideatified:.': -:",:l~' ;'....' ,..., Sectlon~'8"l';~;P;:'~; ,slons~rA',:s.~e~bili!Y, , 'flause, declaring the ~or': , .dinanc8-valid in th;;"'ev.mt, ,.' ;of any.7po"rtiO,nLbeiomrng '. !,nvalid for ,c:-ny.rfi!Oson: is' , . ,included,ir\~thi~~ec.iO;d~' >. ' ,~lij!~~~1iif~lm,ft~. .. : 8 a~f -...,-.-"--------'". ....' , - ~.~- -- .'---,-'.---'- ._-~ Affidavit of Publication STATE OF WASHINGTON) COUNTY OF JEFFERSON) IS FRANK W. GARltEO being Port Townsend...... sworn. says he Is the publisher of the ..tabllshed, published kt ~ W:;:h ~~~hlch has t-n t1nuousl, CIS a week" . -.".....- drculated con. said Count)' and S -paper In the town ot Port TownHnCl, In for more than tate. and for general clrculotlon In said count)' lion of the ~ (~ths prior to the cIate of the fint publica- send Leoder 0 ottoched. and thot the solei Port Town- __ on the 27th day of June 1941 ed legal _pap... by the Superior Court of ~d J;'" app<<N o. a ond that annexed Is 0 true cop)' of the -- Count)', N ot1ce of a public hearing regarding the propo a dP ,/ ,. as It appeared in the lor and oncf not I regu ....ti.. 1- of sold paper liMIt n 0 supp'-nt thereof for 0 period of one conHCUtIve -'os, beginning on the 23rd 19 82 June June day of oncf ending on the 23rd day of 82 19_ and thot sold newspaper was to Its subscribers duf'1ng all of thi Iocf regularly distributed s per . That the full amount of $ 75.20 hot t-n Id VIM Inch f each po In full,ot the rat. of s3 20 coI or ~Ion. ~. ."111.,, . per. . 'Jhl ,'" "c4 ',.'U.'~'. J.: , ' ," ',' .,,' ,r:-r-r-;- '.' ' , ' I, . , , ,) Subscribed oncf ,worn to bel.' ... ' . ~. /1 .3rd) ~ ~. ~ I '.'. . clot of J : "\ I' } I ", une 82 '~. ',.: .,), ' } ~19_ ,.', "'. "I) ," · '..'\ .,,} ,.., , ) . (L/~ ~jf;ktiJ:";~;~~~ w:~~~l!,ffl~.<<>th. Stot.of ...._.. .-lIIJot Port Townsend . . . y.- .. . .,; " ';.... .. '.' ;; . ., . ...... . .' ~: ~ , , 01427A ~tvtntjsstntUJ ,..-,-'''' ... Jefferson County Planning Department ( ,\ county courthouse port townsend, washington 98368 telephone 12061385 -1427 david goldsmith, director '--..~ " June 30, 1982 ~[g@[gD\W~lDJ . JUN 30 1982 Mr. David W. Heiser, E.P. Chief Washington State Parks and Recreation Conunission 7150 Cleanwater Lane, KY-ll Olympia, Washington 98504 Re: Draft Jeffer80n County --~-_...- JfHERSON COUNTY MISSIONERS Managemen Dear Mr. Heiser: I am in receipt of your letter dated June 18, 1982 concerning the proposed Jefferson County FZood PZain. Management Ordinance. I feel it is best for me to respond to your letter, paragraph by paragraph. In the first paragraph, you state that recreational opportunities would not necessarily be increased because appurtenances, such as comfort stations WQuld not be allowed under the proposed ordinance. Later in paragraph three you speak of allowing fill in the flood- way as opposed to elevation by footings, poles, or poles. I think there is some confusion here between activities in the flood plain as opposed to the floodway. The map you provided with your letter and the one I'm providing here shows both the flood plajn and within it, the floodway. The floodway, being the area of highest velocity, most floodwater, and where the river meanders, carries the most stringent regulations and as you will agree, it should. Please note that none of the developed Dosewallips park is within the floodway. Also, the federal guidelines which prompted these regulations sever1y restrict development and filling in the floodway. We have attempted , to provide for more flexibility in previous drafts, but to no avail. .. Your statement in paragraph two is correct, most of the Dosewallips ~s within the 100 year flood plain, however, little is within the floodway. In your case, you probably will not have to comply with the provisions of Section'Six, of the proposed ordinance. VOL 8 rAG~ 01.501 ....- . David Heiser Washington State Parks and : Rec~eation Commission Page 2 June 30, ',;],982 Paragraph three, I believe, has been answered; our hands are tied. Again you are refering to the floodway where the free flow of floodwaters is essential to maintain the integrity of the river. In the remainder .of the flood plain, (where the park is) filling is an acceptable method of flood protection." The last paragraph that requires response lies with the counties authority to develop the proposed ordinance. and its applicability to state agencies. R.C.W. 36.32, and R.C.W. 36.70 both authorize the development of ordinances to protect the health, safety, and general welfare of the citizenry and to further the goals and policies of local comprehensive land use plans. Whi1e I'm not an attorney, those that are, indicate thi:a ordiriance is within the general police powers of the county as would be a nuisance, health or zoning ordinance. This ordinance only applies to state agencies which seek a permit or approval from 'local government. I might add almost every county and city in the state which has a river or stream passing through it, and is a participant in the flood insurance program (virtually all are), have or soon will adopt similar measures. Jefferson County is one of the last. It seems to us compliance with the proposed county 'ordinance would insure compliance with EXecutive Order EO-77-ll. Jefferson County has but two choices; one to adopt this ordinance or one equally acceptable to the F.E.M.A., or get out of the program altogether The second alternative leaves the citizens of the county without flood insurance or any federally ~ backed financing of any kind. Not much of a choice, I'm sure you ~ would agree. .1) I hope your concerns with this proposed ordinance have been ~~ellcv~d by the explanation of the maps. I am enclosing a copy ~ of the federal guidelines for flood ordinance development, a copy ~ of what the flood insurance program is all about, and a map depicting the 100 year flood plain and floodway, with the floodway highlighted. Please pass this letter on to those in your organization who have similar interests. I will submit your letter during the hearing on the proposed ordinance. Should you have any questions, feel free to call on me. . . ~.~~ David Goldsmith Director of Planning DG:bk Enclosures cc: Jefferson County Board of Commissioners VOL 8 rArl~ 01502 Department of Natural Resources Rural Route 1, Box 1375 Forks, Washington 98331 BRIAN J. BOYLE Commissioner of Public Lands June 25, 1982 ~~~~nl~~[] Jefferson County Board of Commissioners Port Townsend, WA 98368 JEFfERSON COUNTY BOARD Of COMMISSIONERS Attention: Mr. B. G. Brown, Chairman Dear Mr. Brown' HE: proPOS~Odplain ~~inanc0 I have reviewed this document and the environmental checklist for it. On behalf of the Olympic Area, Department of Natural Resources, I concur with your proposed declaration of no significant adverse environ- mental impact from it. This ordinance makes sense -- it deals with reality. It recognizes the overpowering nature of large streams. It controls development within the floodplain; and it provides for protection of the flood- plain environment. It will benefit both man and nature. Sincerely, ~~:f~ Ben Lonn Asst. Area Mgr. - Engineering For: John Calhoun Area Manager Olympic Area BL:gw cc: Wes Culp - Operations Research - MIs EX-II File ,VOL o~ 3 rME 01513 f COURTHOUSE Jefferson County Planning Commission PORT TOWNSEND, WASHINGTON 9S368 July 7, 1982 Jefferson County Board of Commissioners County Courthouse ,.'" ,~"''''''''''''-''"''--''-'^------..~.._ Port Townsend, Washington ~~' ~~ Re: Jefferson coun~ Flood Flain Management Ordinanc~ ....~;;:r>- -C::;::'" ~ ~""..-r"""'.~<"""~ Gentl emen: ------. ' At its regular meeting July 7, 1982, the Jefferson County Planning Commis- sion reviewed the proposed Jefferson County Flood Plain Management Ordinance. As a result of that meeting, the following findings and motion are forwarded for your consideration: ' \ The commission found that the proposed ordinance: (1) ensures the county's eligibility in the National Flood Insurance Program; (2) will promote the health, safety, and general welfare of the citizens of Jefferson County by mini~izinq flood losses; and (3) furthers the goals and policies of the Jefferson County Comprehensive Plan. By a vote of seven in favor and one opposed, the Jefferson County Pl anninq Commission recommends that the Jefferson County Board of Commissioners adopt the Jefferson County Flood Plain Management Ordinance. Respectfully submitted, JEFFERSON COUNTY PLANNIN~ COMMISSION --C- e ~./~I George Burkhart, Chairman < tlLvhaf C--tj) 11 cJnlyj ar ara Kvinsland, Secretary GB:RN:ls "', 0\627 VO~ " / ' ,j"' [bJ~@@O~gWf(J1 Federal Emergency ManagementAge~r. -1' ''''UdJ Region X Federal Regional Center Bothell, Washmgton 98011 JI,UG 1 ,) 1982 JEFFERSON COUNTY Wi' nc COMMISSIONfRS AUG , 2 1982 B.G. Brown, Chairman Jefferson County Board of Corrmissioners County Courthouse Port Townsend, Washington 98368 ;;::~~~;~:;:~~P~~~~~~;:;~::~~~;~~h:2 National Flood Insurance Program (NFIP). Based on our review, Jefferson County's eligibility in the program will be continued. The date of your Flood Insurance Rate Map (FIRM), July 19, 1982, is the effective date on which insurance may be sold for actuarial (risk) rates for all new construction and substantial improvements within the com- munity. Structures built prior to the date of your FIRM will continue to be insurable at subsidized rates, unless substantial improvements are made to the structures. The actuarial rate zones and base flood elevations applicable to Jefferson County are indicated on the FIRM. As discussed in past coordination meetings, the actuarial insurance rate for a structure will generally increase as the first floor elevation decreases. The rate will be higher if construction is not built in compliance with the flood plain management requirements of the NFIP and your ordinance. Also, on the effective date of the FIRM, the FIRM supersedes all previous maps for the purpose of determining whether individual properties are located within or outside of flood hazard areas. We hope the effective administration and enforcement of your adopted flood plain management regulations will enable Jefferson County to substantially reduce its future flood losses through the wise management of its flood plains. You should keep us advised, through your annual report, of any problems associated with the administration of these regulations and of any variances granted for construction not in accordance with the adopted standards. VOL 8 ~AGE 01874. ,/' ,- .. '.' ;If 2 We would like to thank you very much for your cooperation in formulating 'the ordinance. Please feel free to contact our Flood Plain Management Branch if we can be of any further assistance during implementation. Sincerely, 9"""",1 ~ Charles L. Steele Deputy Regional Director cc: Ed Hammersmith, State Dept of Ecology, Olympia VOL 8 rAGE 1 · OlB7a r~ee>o (!) R..O.. 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