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 city council does ordain as set forth in this chapter.

(Ord. No. 1313, 1-18-2017)

(a)

The flood hazard areas of the city 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.

(b)

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, floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.

(Ord. No. 1313, 1-18-2017)

It is the purpose of this chapter 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:

(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; and

(8)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. No. 1313, 1-18-2017)

In order to accomplish its purposes, this chapter includes methods and provisions for:

(1)

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2)

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(4)

Controlling filling, grading, and other development which may increase flood hazards in other areas.

(Ord. No. 1313, 1-18-2017)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"Alteration of watercourse" means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.

"Appeal" means a request for a review of the city engineer/building inspector's interpretation of any provision of this chapter or a request for a variance.

"Area of shallow flooding" means 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.

"Area of special flood hazard" means the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on flood insurance rate maps includes the letters A or V.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "100-year flood"). The area inundated by the base flood is the area of special flood hazard designated on the flood insurance rate map as Zones "A," "AE," or "AH."

"Base flood elevation" means the elevation of the base flood in relation to the North American Vertical Datum of 1988.

"Basement" means any area of the building having its floor sub-grade (below ground level) on all sides.

"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, 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 ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred.

"Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

"Elevation certificate" means the official form (FEMA form 81-3) 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.

"Flood" or "flooding" means

(1)

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 runoff of surface waters from any source.

c.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map, and the water surface elevation of the base flood.

"Floodplain administrator" means the community official designated by title to administer and enforce the floodplain management regulations.

"Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation.

"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.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior, or

b.

Directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area of a structure, including a basement or crawlspace. The floor of an enclosure usable solely for parking of vehicles, building access, or storage that meets the flood damage resistant standards of section 18.48.170(1)(B) and (C) is not considered the "lowest floor" of a structure.

"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 connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for more than one hundred eighty consecutive days.

"Mean sea level" means for purposes of the national flood insurance program, the vertical datum to which base flood elevations shown on a community's flood insurance rate map are referenced.

"New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures "Recreational vehicle" means a vehicle that is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty vehicle; 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, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means 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 fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure taking place during a five-year period, the cumulative cost of which equals or exceeds fifty 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 does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.

"Water dependent" means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 1, 4-21-2021)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Cosmopolis.

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 2, 4-21-2021)

(a)

The areas of special flood hazard identified by the federal emergency management agency in a scientific and engineering report entitled "Flood Insurance Study for Grays Harbor County, Washington, and Incorporated Areas" dated February 3, 2017, and any revisions thereto, with an accompanying flood insurance rate map dated February 3, 2017, and any revisions thereto are adopted by reference and declared to be part of this chapter. The flood insurance study and flood insurance rate map are on file at 1300 First Street, Cosmopolis, Washington 98537. The best available information for flood hazard area identification as outlined in Section 4.3-2 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 4.3-2.

(b)

The areas of special flood hazard shall also include all lands adjacent to the areas shown on the flood insurance rate map that are flooded after February 3, 2017.

(c)

The base flood elevation at a site shall be as follows:

(1)

In "Zone AE" and "Zone AH" on the flood insurance rate map, the base flood elevation shall be as shown in parentheses after the zone designation on the map.

(2)

In "Zone AE" where there is no elevation shown after the zone designation, the base flood elevation shall be the "1% Annual Chance Flood" elevation as shown in the flood profile for the stream in the flood insurance study.

(3)

In "Zone A" where the flood insurance rate map and the flood insurance study do not provide a base flood elevation, the base flood elevation shall be determined by the city engineer using an approach approved by the Federal Emergency Management Agency for site-specific flood elevation determinations.

(4)

The elevation at the site of a flood that occurs after February 3, 2017 that is higher than the elevations established in Section 18.48.070(C)(1),(2), and (3).

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 3, 4-21-2021)

All development within special flood hazard areas is subject to the terms of this ordinance and other applicable regulations.

(Ord. No. 1359, § 10, 4-21-2021)

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violated this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 1313, 1-18-2017)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 1313, 1-18-2017)

In the interpretation and application of this chapter, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 1313, 1-18-2017)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

Severability. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 4, 4-21-2021)

(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 18.48.070. The permit shall be for all structures including manufactured homes, as set forth in Section 18.48.050, and for all development including fill and other activities, also as set forth in the "definitions."

(b)

Activities that do not meet the definition of "development" are allowed in the area of special flood hazard without the need for a floodplain development permit under this chapter, provided all other federal, state, and local requirements are met. The following are examples of activities not considered development or "man-made changes to improved or unimproved real estate."

(1)

Routine maintenance of landscaping that does not involve grading, excavation, or filling;

(2)

Removal of noxious weeds and hazard trees and replacement of non-native vegetation with native vegetation;

(3)

Normal maintenance of structures, such as reroofing and replacing siding, provided such work does not qualify as a substantial improvement;

(4)

Normal maintenance of above ground utilities and facilities, such as replacing downed power lines and utility poles;

(5)

Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas;

(6)

Plowing and other normal farm practices (other than structures or filling) on farms.

(c)

Application for Development Permit. Application for development permit shall be made on forms furnished by the city engineer/building inspector 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:

(1)

Elevation in relation to mean sea level, of the lowest floor (including basement) of all existing and proposed structures;

(2)

Elevation in relation to mean sea level to which any structure will be floodproofed;

(3)

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 18.48.170(2);

(4)

Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;

(5)

The boundaries of the area of special flood hazard, floodway, wetlands, shoreline buffer, critical areas, and fish and wildlife habitat conservation areas.

(6)

Where development is proposed in a floodway, an engineering analysis indicating no rise of the Base Flood Elevation; and

(7)

Any other such information that may be reasonably required by the Floodplain Administrator in order to review the application.

(d)

In order to defray the costs of processing the development permit, the clerk shall collect a fee in the amount set by fee resolution of the city council.

(e)

Certificate of Occupancy.

(1)

A certification of use for the property or a certificate of occupancy for a new or substantially improved structure or an addition shall not be issued until:

(A)

The permit applicant provides a properly completed, signed and sealed elevation and/or floodproofing certificate showing finished construction data.

(B)

The permit applicant provides copies of all required federal, state, and local permits noted in the permit application per Section 18.48.140(1)(B).

(C)

All other provisions of this chapter have been met.

(2)

The floodplain administrator may accept a performance bond or other security that will ensure that unfinished portions of the project will be completed after the certification of use or certificate of occupancy has been issued.

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 5, 4-21-2021)

The floodplain administrator is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions.

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 6, 4-21-2021)

Duties of the city engineer/building inspector shall include, but not be limited to:

(1)

Permit Review.

(A)

Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(B)

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.

(C)

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of Section 18.48.180 are met.

(D)

The site is reasonably safe from flooding.

(E)

Notify FEMA when annexations occur in the Special Flood Hazard Area.

(2)

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 18.48.070, the city engineer/building inspector shall obtain, review, and reasonably utilize any flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 18.48.170 and 18.48.180.

(3)

Information to Be Obtained and Maintained.

(A)

Where base flood elevation data is provided through the FIS, FIRM, or required as in Section 4.3-2 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.

(B)

For all new or substantially improved floodproofed structures:

(i)

Verify and record the actual elevation (in relation to mean sea level); and

(ii)

Maintain the floodproofing certifications required in Section 18.48.120(b)(3).

(C)

Maintain for public inspection all records pertaining to the provisions of this chapter.

(D)

Certification required by Section 5.4.1 {or the numbering system used by the community} (floodway encroachments).

(E)

Records of all variance actions, including justification for their issuance.

(F)

Improvement and damage calculations.

(4)

Alteration of Watercourses.

(A)

Notify adjacent 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 Emergency Management Agency.

(B)

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(5)

Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, 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 as provided in Section 18.48.150.

(6)

Review of Building Permits. Where elevation data is not available, either through the FIS, FIRM, or from another authoritative source (as required by Section 4.3-2), applications for floodplain development 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 habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 7, 4-21-2021)

(a)

Appeal Board.

(1)

The board of adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2)

The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city engineer/building inspector in the enforcement or administration of this chapter.

(3)

Those aggrieved by the decision of the board of adjustment, or any taxpayer, may appeal such decision to the Grays Harbor Superior Court.

(4)

In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(i)

The danger that materials may be swept onto other lands to the injury of others;

(ii)

The danger to life and property due to flooding or erosion damage;

(iii)

 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(iv)

The importance of the services provided by the proposed facility to the community;

(v)

The necessity to the facility of waterfront locations, where applicable;

(vi)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(vii)

The compatibility of the proposed use with existing and anticipated development;

(viii)

 The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(ix)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(x)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(xi)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(5)

Upon consideration of the factors of subsection (a)(4) of this section and the purposes of this chapter, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6)

The city engineer/building inspector shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(b)

Conditions for Variances.

(1)

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 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 items (i)—(xi) in subsection (a)(4) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

(2)

Variances may be issued for the reconstruction, rehabilitation, or restoration 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 this section.

(3)

Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

(4)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.

(5)

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 as identified in subsection (a)(4) of this section, or conflict with existing local laws or ordinances.

(6)

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 the flood elevations should be quite rare.

(7)

Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dryproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (a)(1) of this section, and otherwise complies with Sections 18.48.160(1) and (2).

(8)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. No. 1313, 1-18-2017)

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 resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.

(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.

(2)

Construction Materials and Method.

(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 floodwaters into the system;

(B)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;

(C)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

(D)

Water wells shall be located outside the floodway and shall be protected to the base flood elevation plus three feet.

(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 system located and constructed to minimize flood damage;

(C)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;

(D)

Where base flood elevation data has not been provided, or is not available from another authoritative source, it shall be generated for sub-division proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less);

(E)

All subdivisions of land that is both in and outside the area of special flood hazard shall have all parcels platted with buildable sites on higher ground outside the area of special flood hazard. This does not apply to parcels set aside for open space.

(5)

Filling.

(A)

No filling or grading shall reduce the effective flood storage volume of the SFHA. A development proposal shall provide compensatory storage if filling or grading eliminates any effective flood storage volume. Compensatory storage shall:

(i)

Provide equivalent volume at equivalent elevations to that being displaced. For this purpose, "equivalent elevation" means having similar relationship to ordinary high water and to the best available 10-year, 50-year and 100-year water surface profiles;

(ii)

Be hydraulically connected to the source of flooding; and

(iii)

Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs and before the flood season begins.

(B)

All newly created compensatory storage areas shall be graded and vegetated to allow fish access during flood events without creating fish stranding sites.

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 8, 4-21-2021)

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 18.48.070 or Section 18.48.140(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 above the base flood elevation plus three feet. Mechanical equipment and utilities shall be waterproofed or elevated at least three feet above the BFE.

(B)

Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designated 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:

(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.

(iv)

The interior grade of a crawlspace below the base flood elevation must not be more than two feet below the lowest adjacent exterior grade.

(v)

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 at any point.

(vi)

There must be an 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.

(vii)

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 foundation types should be used.

(viii)

 Below-grade crawlspace construction in accordance with the requirements listed above will not be considered basements.

(ix)

A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.

(C)

Upon completion of the construction of an elevated building and before issuance of the certificate of occupancy, the applicant shall provide a signed agreement that acknowledges that the conversion of the area below the lowest floor to a use or dimension contrary to the building's originally approved design is prohibited.

(i)

The nonconversion agreement shall authorize the floodplain administrator to conduct inspections of the enclosed area of the building upon reasonable notice.

(ii)

The applicant shall provide a copy that documents that the nonconversion agreement has been recorded in the appropriate county office in such a manner that it appears in the chain of title of the affected property.

(iii)

A copy of the recorded nonconversion agreement shall be presented as a condition of issuance of the final certificate of occupancy.

(iv)

The floodplain administrator may waive this requirement where the enclosed area is less than four feet in height, measured from the floor of the enclosure to the underside of the floor system above.

(D)

New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

(2)

Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall be elevated in accordance with Section 18.48.170(1) or, together with attendant utility and sanitary facilities, shall meet the standards in Section 18.48.170(1), or:

(A)

Be floodproofed so that below three feet 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 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 18.48.140(3)(B).

(D)

Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to three feet above the base flood level will be rated as at two feet above the base flood level).

(3)

Critical Facilities.

(A)

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities constructed within the base floodplain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site or to the level of the 500-year flood, whichever is higher. 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 base flood elevation shall be provided to all critical facilities to the extent possible.

(B)

No new development shall create a threat to public health, public safety, or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other materials that are hazardous, toxic, or a threat to water quality are prohibited from the area of special flood hazard. This prohibition does not apply to small quantities of these materials kept for normal household use. This prohibition does not apply to the continued operations of existing facilities and structures or reuse of existing facilities and structures.

(4)

Recreational Vehicles. Recreational vehicles placed on sites shall:

a.

Be on the site for fewer than one hundred eighty consecutive days;

b.

Be fully licensed and ready for highway use, on their wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

c.

Meet the requirements of Section 18.48.170(4) of this chapter and the elevation and anchoring requirements for manufactured homes.

(5)

Manufactured Homes.

(A)

All manufactured homes 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 three 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*.

This applies to manufactured homes:

(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,

(iv)

In an existing manufactured home park or subdivision on a site which a manufactured home has incurred "substantial damage" as the result of a flood; and

(B)

Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated so that either:

(i)

The lowest floor of the manufactured home is elevated three foot or more,

(ii)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(6)

Enclosed Area Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.

(Ord. No. 1313, 1-18-2017; Ord. No. 1359, § 9, 4-21-2021)

Located within areas of special flood hazard established in Section 18.48.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1)

Encroachments, including fill, new construction, substantial improvements, and other development are prohibited 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. The certification must incorporate the equal degree of encroachment approach that accounts for similar development that could be anticipated in the future.

(2)

Construction, reconstruction, and improvements of residential structures are 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, reconstruction, or improvement is started; or

(ii)

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 a 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 shall not be included in the fifty percent.

(3)

Within the Zone A, where no floodway has been designated, no new construction, substantial improvement, or other development (including fill) shall be permitted unless the permit applicant provides:

a.

A certification by a registered professional engineer that the cumulative effect of the proposed development, will not increase the water surface elevation of the base flood more than one foot at any point. The certification shall be done in accordance with standard engineering practices, using hydraulic and hydrologic analyses. The hydraulic analysis must incorporate the equal degree of encroachment approach that accounts for similar development that could be anticipated in the future.

b.

A map that shows the area impacted by any increase in the level of the base flood caused by the development.

c.

Notarized statements from the owners of the impacted properties (other than the permit applicant) that they have no objections to the increase in flood heights on their properties.

(4)

If subsections (1)—(3) of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.

(Ord. No. 1313, 1-18-2017)

To the maximum extent possible, all new development shall 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 alleviate flooding impacts. The city engineer/building official shall:

(1)

Review proposals for development within base floodplains for their possible impacts on wetlands located within the floodplain.

(2)

Ensure that development activities in or around wetlands do not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage.

(3)

Request technical assistance from the department of ecology is identifying wetland areas.

(Ord. No. 1313, 1-18-2017)