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HomeMy WebLinkAbout3544 ANplainORDINANCE adopting a Flood Management Program designed to minimize public and private damage due to periodic flooding of lands adjacent to certain salt water and fresh water areas in Bremerton. THE CITY OF BREMERTON DOES ORDAIN: SECTION 1. That a certain document, three copies of .which are on file in the office of the City Clerk of the City of Bremerton, being marked and designated as a Flood Plain Management Progran%is adopted as the Flood Plain Management Program of the City of Bremerton, designed to minimize public and private damage due to periodic flooding of lands adjacent to certain salt water and fresh water areas in Bremerton; and each and all of the regulations, provisions, conditions and terms contained therein are hereby referred to, adopted and made a part hereof as though fully set out in this Ordinance. APPROVED by the City Commissioners on first reading this 7th day of August, 1979. PASSED by the City Commissioners of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this 14th day of August, 1979. GLENN K. JARSTA~Mayor ATTEST: K~THLEEN L.-MANDI©, City Clerk FLOOD PLAIN MANAGEMENT PROGRAM SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES 1.1 STATUTORY AUTHORIZATION The City of Brmnerton has the legal authority and responsibility to adopt regulations designed to promote the public health, and general welfare of its citizenry pursuant to Article XI, Sections 10 and 11 of the Washington State Constitution, Article III of the Bremerton City Charter and Section 7 of City of Bremerton Ordinance No. 2678. Therefore, the City of Bremerton does ordain as follows: 1.2 FINDINGS OF FACT (1) The flood hazard areas of the City of Bremerton are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage used in other areas. Uses that are inadequately flood- FLOOD PLAIN MANAGEMENT P~,dGRAM PAGE 2 proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE 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: (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 blight resulting from future floods. (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. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards or in flood heights or velocities; FLOOD PLAIN MANAGEMENT PROGRAIq PAGE 3 '~' ~' (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 2.0 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. "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. "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. "BASE FLOOD" means the flood having a one percent chance of being equalled or exceeded in any given year. "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "EXISTi~G MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. "EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). "FLOOD OR "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. FLOOD PLAIN MANAGEMENT ~,OGRAM PAGE 4 "FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" 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. "FLOOD PLAIN" means any land area susceptible to being inundated by water from any source. "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. "HABITABLE FLOOR" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A fborused only for storage purposes is not a "habitable floor". "MOBILE HOME" means 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. It does not include recreational vehicles or travel trailers. "NEW CONSTRUCTION" means structures for which the "start of construction' con[nenced on or after the effective date of this ordinance. "NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. "START OF CONSTRUCTION" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, sUch as clearing, gradings 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 FLOOD PLAIN MANAGEMENT PROGRAM PAGE 5 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For .mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "STRUCTURE" means a walled and roofed building or mobile home that is principally above ground. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term 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 specificaUonswhich are solely necessary to assure safe living conditions, or (2) any alternation of a structure listed on the National Register of Nistoric Places or a State Inventory of Historical Places. FLOOD PLAIN ~NAGEMENT PROGRAM PAGE 6 "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 3.0 GENERAL PROVISIONS .3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Bremerton. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Bremerton" dated February 1979, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance and Engineering Department Study is on file at the Bremerton Planning Department,~239 4th Street, Bremerton, WA 98310. 3.3 COMPLIANCE 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. 3.4 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION In the interpretation and application of this ordinance, all provisions FLOOD PLAIN MANAGEMENT JGRAM PAGE ? 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. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flOod protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Bremerton, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF FLOOD PLAIN DEVELOPMENT PERMIT A Flood Plain Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including mobile homes, as set forth in the "DEFINITIONS", and for all other developments including fill and other activities, also as set forth in "DEFINITIONS". Application for Flood Plain Development Permit shall be made on forms furnished by the City Engineer 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, FLOOD PLAIN MANAGEMENT PROGRAM PAGE 8 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 structures; (2} Elevation in relation to mean sea level to which any structure has been floodproofed; (3} Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.202; and, {4} Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE CITY ENGINEER AS LOCAL ADMINISTRATOR The City Engineer is hereby appointed to administer and implement this ordinance by granting or denying flood plain development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER Duties of the City Engineer shall include,, but not be limited to: 4.3-1 FLOOD PLAIN DEVELOPMENT PERMIT APPLICATION REVIEW (1} Review all flood plain development permit applications to determine that the permit requirements of this ordinance have been satisfied. (2} Review all flood plain development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. {3) Review all flood plain development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment pro- visions of Section 5.3{1} are met. 4.3-2 INFORMATION TO BE OBTAINED AND MAINTAINED (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable flood (including basement) of all FLOOD PLAIN )~NAGEMENT Pi ,~M ?AGE9 r~ or substantially improved structures, and whether or not the structure contains a bas~t. (2) For all new or substantially improved floodproofed struatures: (i) verify and record the actual elevation (in relation to mean sea level), and (ii) maintain the floodproofing certifications required in Section 4.1 (3). (3) ~intain for public inspection all records pertaining to the provisions of this ordinance. 4.3-3 ALTERATION OF WATERCOURSES (1) Notify adjacent eonmmmities and the _State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Ackninistration. (2) Rmqu~re that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-4 ~ERPRETATION OF FIP~{ BObI~AP~IES ~,~e interpretations where needed as to exact location of the boundaries of tbm areas of special flood hazards (for example, ~mere there appears to be a conflict between a rapped 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 4.4. 4.4 VARIA~(~ PROCEDURE 4.4-1 APPEAL BOARD (1) The Bremerton City Council shall hear and decide appeals and requests for variances from the requir~ts of this ordinance. (2) The Bremmrton City Council shall hear and decide appeals ~en it is alleged there is an error in any requirement, decision, or determination FLOOD PLAIN MANAGEMENT PROEM ~ PA~ 10 made by the City Engineer in the enforcem~ent or administration of this ordinance. (3) Those aggrieved by the decision of t~he Br~merton City~ Conmcil or any taxpayer, may appeal such decision to the Kitsap County Superior Court, as provided by (4) In passing upon such applications, the Bremerton City Council shall consider all technical evaluations, all relevant factors, stancl~rds specified in other sections of this ordinance, and: (i) the dar4ger that materials may be m~ept 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 cl~mage on the individual owner; (iv) the importance of the services provided by the proposed facility to the conmmity; (v) the necessity to the facility of a waterfront location, Where applicable; (vi) the availability of alternative locations, for the proposed use ~aich 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 flood plmin nmnagement 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 o{ rise, and sedinmmt transport of the flood waters and the effects of wave action, if applicable, ~xpected at the site; and; (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities FLOOD PLAIN ~'ANAGEMENT P,~JGRAM PAGE 12 (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 Section 4.1-4(4), or conflict with existing local laws or ordinances. (5) 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. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD PROTECTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1-1 Anchorin~ (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (i) 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; with mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points; with mobile homes less than 50 feet long requiring four additional ties per side; FLOOD PLAIN MANAGEMENT PROGKAM PAGE 11 and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (5) Generally, variances may be issued for new construction and sub- stantial improvements to be erected on a lot of one-half acre or less in size contiguous and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 4.4-1(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (6) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, the Bremerton City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (7) The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 4.4-2 CONDITIONS FOR VARIANCES (1) 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 the remainder of this section. (2) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) 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; and ELOOD PLAIN MANAGEMENT P~.JGRA~,I PAGE 13 (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home to similarly anchored. (3) An alternative method of anchoring may involve a system designed to withstand a wind force of 90 miles per hour or greater. Certification must be provided to the City Engineer, that this standard has been met. 5.1-2 Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2} All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 Utilities {1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) On-site waste disposal systems shall be located to avoid impair- ment to them or contamination from them during flooding. 5.1-4 Subdivision Proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas,electrical, and water systems located and constructed to minimize flood damage, (3) All subdivision proposals shall have adeqaute drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres {whichever is less). FLOOD PLAIN MANAGEMENT P,.JGRAM PAGE 14 5.1-5 Review of Building Permits Where elevation data is not available, 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,~c., where available. Base flood elevation data and reference marks are generally provided throughout Bremerton and are indicated on Bremerton's Flood Insurance Rate Map. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2 BASIS FOR ESTABLISRING THE AREAS OF SPECIAL FLOOD HAZARD, the following provisions are required: 5.2-1 Residential Construction New construction and substantial improvement of any reSidential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. 5.2-2 Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially inpermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certi- fications shall be provided to the official as set forth in Section 4.3-2(2). 5.2-3 )~obile Homes (1) Mobil~homes shall be anchored in accordance with Section 5.l-1. FLOOD PLAIN MANAGEMENT P~,uGRAM PAGE 15 (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commended; and for mobile homes not placed in a mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings, that: --lots are large enough to permit steps, --piling foundations are placed in stable soil no more than ten feet apart, and --reinforcement is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a floodway, except in an existing ~bilehome park or existing mobile home subdivision. 5.3 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are portions of Gorst and Parish Creeks which are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. FLOOD PLAIN MANAGEMENT F',,~GRAM PAGE 16 (2) If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION. (3) Prohibit the placement of any mobile homes. FLOOD PLAIN MANAGEMENT F;;'<~JGRAM '~ PAGE 16 (2) If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION, (3) Prohibit the placement of any mobile homes.