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ORDINANCE NO. 5020
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, updating Bremerton Municipal Code
Chapter 17.60 Floodplain Management to comply with National
and State requirements.
WHEREAS, on December 15, 2006 the Department of Ecology sent the City of
Bremerton a letter stating Bremerton Municipal Code Chapter 17.60, floodplain management,
needed to be amended by September of 2007 to avoid suspension from the National Flood
Insurance Program; and
WHEREAS, without the passage of this ordinance by September of 2007 the City
would be suspended from the National Flood Insurance Program; and
WHEREAS, on July 20, 2007, the public was notified by legal advertisement in
the Kitsap Sun of the opportunity to make comments and participate in the public hearing by the
City Council; and
WHEREAS, on August 1, 2007 the City Council conducted a public hearing and
considered all testimony prior to their decision; NOW, THEREFORE,
, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Subsection 17.60.050 of the Bremerton Municipal Code entitled
"Definitions" relating to Floodplain Management is hereby amended to add the definition of
"basement" and revise the definition of "development" as follows:
17.60.050 DEFINITIONS.
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.
(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 (1) to three (3) 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.
(3) "Area of special flood hazard" means the land in the flood plain within a
community subject to a one (1) percent or greater chance of flooding in any given year.
(4), "Basement" means any area of the building having its floor sub-grade (below
ground level) on all sides.
ill "Base flood" means the flood having a one (1) percent chance of being
equalledequaled or exceeded in any given year.
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Floodplain Management
(~Q) "Development" means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of equipment or materials located
within the area of special f100d hazard.
(e1) "Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(a) The overf1ow of inland or tidal waters and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any
source.
(+,[) "Flood insurance rate map" means the official map on which the Federal
Insurance Administration has delineated both the areas of special f100d hazards and the risk
premium applicable to the community.
(&2) "Flood insurance study" means the official report provided by the Federal
Insurance Administration that includes f100d profiles, the Flood Boundary Floodway Map, and
the water surface elevation of the base f1ood.
(910) "Flood plain" means any land area susceptible to being inundated by water from
any source.
(-1411) "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 f100d without cumulatively
increasing the water surface elevation more than one (1) foot.
(+-1-12) "Lowest f1oor" means the lowest f100r of the enclosed area (including basement).
An unfinished or f100d 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 f1oor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter found at S 17 .60.300(b).
(l-;!.ll) "Habitable f1oor" means any f100r usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination thereof. A f100r used only for
storage purposes is not a "habitable f1oor".
(-1-:;14) "Manufactured home" means a structure, transportable in one (1) 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 f100d plain management
purposes the term "manufactured home" also includes park trailer, 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.
(1412) "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
ofland divided into two (2) or more manufactured home lots for rent or sale.
(-l416) "New construction" means structures for which the "start of construction"
commenced on or after the effective date ofthis ordinance.
(+617) "Recreational Vehicle" means a vehicle built on a single chassis, that is 400
square feet or less when measured at the largest horizontal proiection, designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreationaL camping, traveL or
seasonal use.
!...lID "Start of construction" includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
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Floodplain Management
placement or other improvement was within 180 days of the permit date. The actual start means
the first placement of penn anent 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.
(++l2.) "Structure" means a walled and roofed building including a gas or liquid storage
tank that is principally above ground.
(+&20) "Substantial improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty (50) percent of the market value of the
structure:
(a) Before the improvement or repair is started, or
(b) 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:
(a) 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
(b) Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
(1..921 ) "Variance" means a grant of relief from the requirements ofthis chapter which
permits construction in a manner that would otherwise be prohibited by this chapter.
SECTION 2. Subsection 17.60.070 of the Bremerton Municipal Code entitled
"Basis for Establishing the Areas of Special Flood Hazard" relating to Buildings and
Construction is hereby amended to include language to allow the use of updated maps as
follows:
17.60.070 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 August 15, 1979, and any revisions thereto, with accompanying .flee&-Flood
insurance Insurance Rate Mmaps, and any revisions thereto, are herebyis adopted by reference
and declared to be a part of this chapter. The flood insurance study is on file at the Bremerton
Department of Community Development, 345 6th Street, Suite 600, Bremerton, W A 98337.
SECTION 3. Subsection 17.60.240 of the Bremerton Municipal Code entitled
"Anchoring" relating to manufactured/mobile homes in frequently flooded areas is hereby
amended to read as follows:
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Floodplain Management
17.60.240 ANCHORING.
(a) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
(b) All manufactured/mobile homes shall be anchored to prevent resist flotation,
collapse or lateral movement. and shall be installed using methods and practices that minimi"ze
flood damage. Anchoring: methods may include, but are not limited to, use of by providing over-
the-top and frame tiles to ground anchors. Specific requirements shall be that:
(1) Over the top ties be provided at each of the four comers of the mobile home,
'.'lith 1'.vo additional ties per side at intermediate loeations; with mobile homes less than fifty feet
long requiring one additional tie per side;
(2) Frame ties be provided at each comer of the home with five additional ties per
side at intermediate loeations; with mobile homes less than fifty feet long requiring four
additional ties per side;
(3) All components of the anchoring system be eapable of carrying a force of four
thousand eight hundred pounds; and
(1) Any additions to the mobile home be similarly anchored.
( c) An altemati'.'e method of anohoring may invol'le a system designed to '.vithstand a
wind force of ninety miles per hour or greater. Certification must be provided to the City
Engineer that this standard has been met.
SECTION 4. Subsection 17.60.310 of the Bremerton Municipal Code entitled
"Nonresidential Construction" relating to floodproofing certificate language sha11 be amended to
read as follows:
17.60.310 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 one
(1) foot or more above the level ofthe base flood elevation, or, together with attendant utility and
sanitary facilities, shall:
(a) Be flood proofed so that below one (1) foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(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 section based on their development and/or review of the structural design,
specifications and plans. are satisfied. Such certifications shall be provided to the official as set
forth in BMC 17.60.140(3)(B).
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in BMC 17 .60.300(b).
( e) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on-rates that are one (1) foot below the floodproofed level
(e.g., a building constructed to the base flood level will be rated as one (1) foot below that level).
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Floodplain Management
SECTION 5. Subsection 17.60.320 of the Bremerton Municipal Code entitled
"Mobile Homes" relating to the placement of such structures in flood hazard areas is amended to
use more updated language that will better apply to manufactured and mobile homes as follows:
17.60.320 MANUFACTURED/MOBILE HOMES.
(a) All manufactured/mobile homes in the floodplain to be placed or substantially
improved on sites shall be elevated on a permanent foundation such that the lowest floor of the
manufactured/mobile home is elevated one foot or more above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement. mobile homes shall be anchored in accordance '.'lith BMC 17.60.210.
(b) 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 subdi','isions ','"here the repair, reconstruotion or improvement of the streets, utilities
and pads equals or exceeds fifty (50) percent of value ofthe streets, utilities and pads before the
repair, reconstruction or impro','ernent has commenced; and for mobile homes not placed in a
mobile home subdi','ision, require that:
(2) L^~dequate surfaoe drainage and access for a hauler are pro','ided; and
(3) In the instanoe of elevation on pilings, that:
i. Lots are large enough to permit steps;
11. Piling foundations are placed in stable soil no more than ten (l0)
feet apart; and
111. Reinforcement is pro','ided for pilings more than six (6) feet above
the ground le','e1.
(1) No mobile home shall be placed in a floodv"ay except in an existing
mobile home park or existing mobile home subdivision. (Ord. 1965 ~6, 2006: Ord. 3511 ~5.2 3,
-l--919t
17.60.325 RECREATIONAL VEHICLES.
Recreational vehicles placed on sites in the floodplain are required to either:
(1 ) Be on the site for fewer than one hundred and eighty (180) consecutive
days, or;
(2) Be fullv licensed and ready for highway use, on wheels or iacking system,
attached to the site only by quick disconnect type utilities and security devices, and have no
perm anentl v attached additions; or
(3) Meet the requirements for manufactured/mobile homes as found in BMC
17.60.320.
SECTION 6. Subsection 17.60.330 of the Bremerton Municipal Code entitled
"Floodways" in relation to constriction work and encroachments into floodways shall be
amended to read as follows:
17.60.330 FLOODWAYS.
Located within areas of special flood hazard established in 17.60.070 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 floodwaters which carry debris, potential projectiles, and
erosion potential projectiles, and erosion potential, the following provisions apply:
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Floodplain Management
(~+) Prohibit encroachments, including fill, new construction, substantial
improvements and other development unless certification by a registered professional engineer
or architect is provided demonstrating through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.:.~
(~Q) If subsection (~+) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of BMC
17.60.230 through 17.60.320;
(4~) Construction or reconstruction of residential structures is prohibited within
designated floodways, except for;
(1) repairs, reconstruction, or improvements to a structure which do not
increase the ground floor area; and
(*~) repairs, reconstruction or improvements to a structure, the cost of which
does not exceed fifty (50) percent ofthe market value of the structure either,
(aD before the repair or reconstruction is started or;
(eiD if the structure has been damaged. and is being restored before the
damage occurred. Work done on structures to comply with existing health, sanitary, or safety
codes which have been identified by the code enforcement or building official and are the
minimum necessary to assure safe living conditions shall not be included in the fifty percent
determination in (b) of this subsection. or to structures identified as historic places shall not be
ineluded in the fifty (50) pereent determination.
(~) Manufactured/mobile homes are Pl2.rohibited in designated floodways.-the
placement of any mobile homes.:.;
SECTION 7. Severabilitv. If anyone or more sections, sub-sections, or
sentences of this Ordinance areheld to be unconstitutional or invalid, such decision shall not
affect the validity ofthe remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 8. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the /.A:;G
day of q~r.:b
,2007
President
/"'1
Approved this lib J day of
~A~ ,.<1-5 C;;;;:5
CARY BOZEMAN, Mayor
--
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Floodplain Management
ATTEST:
APPROVED AS TO FORM:
~~.u-U
P AULA JOHNSTON, ty'-elerk
~'~ 3
R GER A. Li.ffiOV~~H .ty}.tlou,ey
PUBLISHED the ktJj dayof 't ~
EFFECTIVE the /~ day of ~ I
ORDINANCE NO. .6~l"J
, 2007
, 2007
R:\Legal\Legal\Ordinances\Community Development\2007 Floodplain Management.doc
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Floodplain Management
AFFIDAVIT OF PUBLICATION
Account # 42742 J Ad # 208506
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christy Moffitt, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit:
August 6, 2007 and that such newspaper was regularly distributed to its subscribers during all of said
period. That the full amount of the fee charged for the foregoing publication is the sum of $29.15 which
amount has not been paid in full.
~D1lt m~
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of August 10, 2007
Notary Public
State of Washington
DAWN BLATT
ent Expires Jul 30, 2010
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 5020
AN ORDINANCE of the City Council of the City of Bremerton, Washington, updating Bremerton
Municipal Code Chapter 17.60 Floodplain Management to comply with National and State requirements.
PASSED by the City Council the 1st day of August, 2007.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.
August 6, 2007......................,....AD #20046937