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HomeMy WebLinkAbout4103 AN (~DI~ AMENDING ~fi~N' S FL(~ PLAIN MANA~ ~ AND ~ 17.60 OF ~ B~ ~]NICIPAL (~)E. W}{EREAS, the Federal Emergency Management Agency has required cities under the Flood Plain Program to revise their local programs to con!ply with new federal regulations in order to retain eligibility for the National Flood Insurance Program, now, therefore; THE CITY OF ~ DOES C~AIN: Section 1. ~ends the definitions of the Flood Plain Management Pro- gram by deleting definitions relating to mobile home subdivisions; expanding definitions of "Manufactured Homes; and "Start-up Construction"; and adding a definition for "Lowest Floor". Section 2. Amends the penalties for noncompliance with the Flood Program by creating a misdemeanor offense. Section 3. Permits the City E~gineer to utilize Flood Plain data from outside sources in reviewing permits; and modifies elevation recording responsibilities for new construction. Section 4. ~nends the criteria for variances from the Flood Plain Program. Section 5. Sets a minim~n elevation of two feet above grade for structures in areas of special flood h~zard to qualify for most favorable insurance rates. Section 6. Sets design criteria for enclosed areas below the lowest floor which are subject to flooding. Section 7. Adds standards for nonresidential construction. The full text of this Ordinance is available upon request from the City Clerk's office, Bremerton City Hall. AP~ by the City Council on the first reading this 25 day of March, 1987. PASSED by the City Council of the City of~emerton.t~his~l day of April, 1987. I~ident, City (~6un¢i/ APPI~)VED this 7 day of April, 1987. ~ ,~/....~ ATI-'EST: KA~n'.E~I L. lVleCLUSKEY, City Clerk ORDINANCE NO. ZT//~,.~ ~~.r~ ~ AN ORDINANCE ~'~ENDING BREMER~ON'$ ~LOOD ~LAIN MANAGEMEN~ PRO~RAM AND CHA~ER 17.~00~ ~E BREMER~ON MUNICIPAL CODE, WHEREAS, the Federal Emergency Management Agency has required cities under the Flood Plain Program to revise their local programs to comply with new federal regulations in order to retain eligibility for the National Flood Insurance Program, now, therefore, THE CITY OF BREMERTON DOES ORDAIN: Section 1. Section 17.' 60.0~0 of the Bremerton Municipal Code is amended as follows: DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. (1) "APPEAL" means a request for a review of the City Engineer's interpretation of any provision of this ordinance or a request for a variance. (2) "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 i s~chacacterized as sheet flow and AH indicates ponding. +~+(3) "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. %~(4) "BASE FLOOD" means the flood having a one percent chance of being equalle~ or exceeded in any given year. 44+(5) "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining dredgin9, filling, grading, paving excavation or drilling operations located within the area of special flood hazard. ~,~ two~ ........ ,,~ ~.,~ic ho-~,,~ Ioto~c~ ~ ~t .... lc ~ (6) "FLOOD" OR FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. +8~(7) "FLOOD INSU~NCE RATE MAP" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium applicable to the community. %9+(8) "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. +}8%(9) "FLOOD PLAIN" means any land area susceptible to being inundated by water from any source. +}}+(10) "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. (11) "LOWEST FLOOR" means the lowest floor of the enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance found at Section (12) "HABITABLE FLOOR" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." (13) "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 flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. (14) "MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. +½4%(15) "NEW CONSTRUCTION" means structures for which the · n II "start of constructlo commenced on or after the effective date of this ordinance. into two or more mobile home lots for rent or sale for · -,~ "~ ..... ~ .... t:~- ~ =--:I~-- for CO~ ....................... ~ (16) "START OF CONSTRUCTION" includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means e~%he~ 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 foundation 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 ~tructurc '~- ~ ..... ~il ~-~ ~ --~"~ ~ ~ ...... t t t ~ .... ~ .... ~" i-~''~ f' t 1 mobile homes ..~t ~ ~- ~ ~ ~ ...... ' which th~,~ ~ .... t=~t~,,~- ~ =~-~i~t~~o for =~th=~ f~nal~-:t= ~ ...... 9 or th= ~ .... ~ ~f concrete 4 (17) "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. (18) "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure: (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 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 comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (19) "VARIANCE" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. Section 2. Section 17.60.080 of the Municipal Code shall be amended as follows: PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothinq herein contained shall prevent the City of Bremerton from taking such other lawful action as is necessary to prevent or remedy any violation. Section 3. Section 17.60.140 shall be amended to read as follows: DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER Duties of the City Engineer shall include, but not be limited to: Permit Review (1) Floodplain Development Permit Application Review. +~%(A) Review all development permits to determine that the permit requirements of this ordinance 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 encroachment provisions of Section ;7.~.~)are met. (2) Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section~7'~$7~BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the City Engineer obtain, review, and reasor]ably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections SPECIFIC STANDARDS, and FLOODWAYS. (z--~"~ing ~ ...... ~) ~¢ ~ ....... b-rant'~I~- ~.,,F~ ~ ~t~t~o, .......... +~(3) Information to be Obtained and Maintained (A) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section~Z~.lgO(~)obtain and record the actual 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 (C) Maintain for public inspection all records pertaining to the provisions of this ordinance. (4) Alteration of Watercourses (A) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (B) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (C) 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 Section 4. Section 17.60.220 of the Municipal Code shall be amended by the additional two new subparts designated 3(f) and 3(g): (f) 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. (g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except ~7,6~ ~ and otherwise complies with Section 17, &O. ~0 , Section 5. Section 17.60.280 is amended to read as follows: 5.1-5 Review of Building Permits Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section ;7-~9.t~applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Base flood elevation data and reference marks are generally provided throughout Bremerton and are indicated on Bremerton's flood insurance map. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. Section 5. Section 17.60.300 is amended to read: 5.2-1 Residential Construction (a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by aregistered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch of every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Section 7. Section 17.60.310 shall be amended by adding two new subparts .310(4) and (5). (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 17.60.300(b). (5) 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 constructed to the base flood level will be rated as one foot below that level). Approved by t~ City Council on the first reading this ~ PASSED by the City Council of the City of Bremerton this / day of ~/~4~./ , 1987.~ /~/ P~iOent, City~oun~ APPROVED this q day of! ~ .~_~ -- ~87. E LOBE, M~yor A~FTES T: KAq?HI.EEN McCLUSKEY, (~ity Clerk PUBLISHED: · 10