HomeMy WebLinkAbout5231 ORDINANCE NO. 5231
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 1760 of the
Bremerton Municipal Code entitled Floodplain Management
WHEREAS, the City Council desires to update provisions relating of Chapter
17.60 of the Bremerton Municipal Code to maintain compliance with the National Flood Plain
Insurance Program; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Chapter 17 60 of the Bremerton Municipal Code entitled "Floodplain
Management" is hereby amended to read as follows
Chapter 17.60
FLOODPLAIN MANAGEMENT
17.60.010 STATUTORY AUTHORIZATION.
The city of Bremerton 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- and Article III of the Bremerton City
Charter ai a S eetio n 7 of ei f...,..a,.,, nee 2679
Theo t h e ei d oes ,,,.a., as follow th i.apte..
17.60.020 FINDINGS OF FACT.
(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, damage uses in other areas Uses that are inadequately €leedpr-ee€ed rn oofed
elevated or otherwise protected from flood damage also contribute to the flood loss
17.60.030 STATEMENT OF PURPOSE.
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.
(4a) To protect human life and health;
(2rb) To minimize expenditure of public money and costly flood control projects,
(3cc) To minimize the need for rescue and relief effort associated with flooding and
generally undertaken at the expense of the general public;
(44) To minimize prolonged business interruptions,
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Chapter 17.60 BMC
Floodplain Management
(3e) 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,
(6f) 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
flood,
(7g) To ensure that potential buyers are notified that property is in an area of special
flood hazard, and
(81h) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions
17.60.040 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this chapter includes methods and provisions
(4-J Restricting or prohibiting uses which are dangerous to health, safety and property
due to water or erosion hazards or in flood heights or velocities,
( -Zb) Requiring that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction,
(8c) Controlling the alteration of natural flood plains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters,
(4d) Controlling filling, grading, dredging and other development which may increase
flood damage, and
Gee) Preventing or regulating the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas
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 chapter 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 floodplam 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 subgrade (below
ground level) on all sides
(5) "Base flood" means the flood having a one (1) percent chance of being equaled or
exceeded in any given year
"Base flood elevation" means the water surface elevation corresponding to a flood having
a one percent probability of being equaled or exceeded in a ig ven year
"Breakaway Wall" means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the building or supporting foundation
system
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Chapter 17.60 BMC
Floodplain Management
"Coastal High Hazard Area" means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any other area
subject to high velocity wave action from storms or seismic sources The area is designated on
the FIRM as Zone V1 -30, VE or V
"Critical Facility" means a facility for which even a slight chance of flooding mm lit be
too great Critical facilities include (but are not limited to) schools, nursing homes, hospitals,
police, fire and emergency response installations, and installations which produce, use or store
hazardous materials or hazardous waste
(6) "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
"Elevated Building" means for insurance purposes, a non - basement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers,
pilings, or columns
"Elevations Certificate" means the official form (FEMA Form 81 -31) used to track
development, provide elevation information necessary to ensure compliance with community
floodplam management ordinances, and determine the proper insurance premium rate with
Section B completed by Community Officials
(7) "Flood" or "flooding" means 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
(S) "Flood Insurance Rate Map or ( FIRM) 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) "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
(10) "Floodplain" means any land area susceptible to being inundated by water from
any source
(11) " 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 (1) foot
"Increased Cost of Compliance" or (ICC)" means a flood insurance claim payment up to
$30,000 directly to a property owner for the cost to comply with floodplam management
regulations after a direct physical loss caused by a flood Eligibility bility of an ICC claim can be
through gle instance of "substantial damage" or as a result of "cumulative substantial
damage"
(12) "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 chapter found at BMC 17 60 300(b)
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Chapter 17.60 BMC
Floodplain Management
L "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 "
(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 floodplain management
purposes the term "manufactured home" also includes park trailer, travel trailers, and other
similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days For
insurance purposes the term "manufactured home" does not include park trailers, travel trailers,
and other similar vehicles
(15) "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two (2) or more manufactured home lots for rent or sale
(1E) "New construction" means structures for which the "start of construction"
commenced on or after the effective date of the ordinance codified in this chapter
(17) Recreational vehicle" means a vehicle built on a single chassis, that is four
hundred (400) square feet or less when measured at the largest horizontal projection, 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
(18) "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 one hundred eighty (180) days of the permit date
The actual start means 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 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_
(19) "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 (50 %) of the market value of the structure before the damage occurred
(2) "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 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.
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Chapter 17.60 BMC
Floodplain Management
(a) Any project for improvement of a structure to eemply with existing state
er- leeal health, sanitary, or- safky eede speetheations whieh afe solely neeessar-y te assure s-ofe-
ltvtag eendittens pre -cited 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
(b) Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places
(21) "Variance" means a grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited by this chapter
17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the
city of Bremerton
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 Kitsap County and
Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying
Flood Insurance Rate Maps, and any revisions thereto, are hereby adopted by reference and
declared to be a part of this chapter The best available information for flood hazard area
identification as outlined in BMC 17 60 140(b) shall be the basis for regulation until a new
FIRM is issued that incorporates data utilized under BMC 17 60 140(b) The Flood Insurance
Study is on file at the Bremerton Department of Community Development, 345 6th Street, Suite
600, Bremerton, WA 98337
17.60.080 PENALTIES FOR NONCOMPLIANCE.
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 violates this chapter or fails to comply with any
of its requirements shall upon conviction thereof be fined not more than $1,000 00 or imprisoned
for not more than ninety X901 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 of Bremerton
from taking such other lawful action as is necessary to prevent or remedy any violation
17.60.090 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate or impair an 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
17.60.100 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be
(4aa Considered as minimum requirements,
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Chapter 17.60 BMC
Floodplain Management
(2b) Liberally construed in favor of the governing body, and
(3c) Deemed neither to limit nor repeal any other powers granted under state statutes
17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY.
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 Insurance
Administration for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder
17.60.120 ESTABLISHMENT OF FLOOD PLAIN DEVELOPMENT
PERMIT.
A floodplam development permit shall be obtained before construction or development
begins within any area of special flood hazard established in BMC 17 60 070 The permit shall
be for all structures including mobile homes, as set forth in BMC 17 60 050, and for all other
developments including fill and other activities, also as set forth in BMC 17 60 050 Application
for floodplam 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, storage of
materials, drainage facilities, and the location of the foregoing Specifically, the following
information is required.
( +a) Elevation in relation to mean sea level, of the lowest floor (including basement) of
all structures,
(2b) Elevation in relation to mean sea level to which any structure has been
€leedpree€ed proofed
(3cc) Certification by a registered professional engineer or architect that the
flood proofing methods for any nonresidential structure meet the
1qeeE1pr-eeftftg criteria in BMC 17 60 130, and
(44) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development
17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL
ADMINISTRATOR.
The city engineer is appointed to administer and implement this chapter, by granting or
denying floodplam development permit applications in accordance with its provisions
17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.
Duties of the City Engineer shall include, but not be limited to
_ D° eFmi t t Review
(4-a) Floodplain Development Permit Application Review
(Al) Review all development permits to determine that the permit requirements
of this chapter have been satisfied
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Chapter 17.60 BMC
Floodplain Management
(42) 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
(E3) 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 BMC 17 60 330( -ta) are
met
( -2b) Use of Other Base Flood Data - When base flood elevation data has not been
provided in accordance with BMC 17 60 070, Basis for Establishing the Areas of Special Flood
Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation
and floodway data available from a Federal, State or other source, in order to administration
BMC 17 60 290, Flood Hazard Protection — Specific Standards, and BMC 17 60 330,
Floodways
(3cc) Information to be Obtained and Maintained
(i41) Where base flood elevation data is provided through the Flood Insurance
Study or required as in subsection (2h) of this section 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
(RD For all new or substantially improved €leedpr-ee€ed rp oofed
structures
(1) Verify and record the actual elevation (in relation to mean sea
level) to which the structure was €leedefeefedflood proofed, and
(n) Maintain the €leedpfeef-tffg proofing certifications required in
BMC 17 60 120(-3cc)
(E3) Maintain for public inspection all records pertaining to the provisions of
this chapter
(44) Alteration of Watercourses
(&I) 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
(42) Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not diminished
(E) 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 BMC 17 60 150
17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY.
The City Council shall hear and decide appeals and requests for variances from the
requirements of this chapter
17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER.
The City Council shall hear and decide appeals when it is alleged there is an error in any
requirement, decision or determination made by the City Engineer in the enforcement or
administration of this chapter
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Chapter 17.60 BMC
Floodplain Management
17.60.170 VARIANCE - APPEAL TO COUNTY COURT.
Those aggrieved by the decision of the City Council or any taxpayer, may appeal such
decision to the Kitsap County superior court, as provided by law
17.60.180 VARIANCE - CONSIDERATIONS.
In passing upon such applications, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter, and
(+a) The danger that materials may be swept onto other lands to the injury of others,
(2b) The danger to life and property due to flooding or erosion damage,
(3cc) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner,
(odd) The importance of the services provided by the proposed facility to the
community,
(3e) The necessity to the facility of a waterfront location, where applicable,
(6D The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage,
(7g) The compatibility of the proposed use with existing and anticipated development,
(ft) The relationship of the proposed use to the comprehensive plan and floodplam
management program for that area,
()i) The safety of access to the property in times of flood for ordinary and emergency
vehicles,
(401) 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
(44lk) 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
17.60.190 VARIANCE - LOTS OF ONE -HALF ACRE.
Generally, variances may be issued for new construction and substantial 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 subsections (4-a) through
(14b of BMC 17 60 180 have been fully considered As the lot size increases beyond the one -
half acre, the technical justification required for issuing the variance increases
17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH
CONDITIONS.
Upon consideration of the factors of BMC 17 60 180 and the purposes of this chapter, the
city council may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter
17.60.210 VARIANCE - RECORDS AND REPORTS.
The City Engineer shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request
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Chapter 17.60 BMC
Floodplain Management
17.60.220 VARIANCE - CONDITIONS GENERALLY.
(a) 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 that will not preclude the structure's continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and design of the structure
without regard to the procedures set forth in the remainder of this section
(b) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result
(c) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief
(d) Variances shall only be issued upon
(1) A showing of good and sufficient cause,
(2) A determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
(3) 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 BMC 17 60 180, or conflict with
existing local laws or ordinances
(e) 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
(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 fleedpr-eefingflood than watertight or dry
flood roofin , where it can be determined that such action will have low damage
potential, complies with all other variance criteria, except this section, and otherwise complies
with BMC 17 60 240
17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS.
In all areas of special flood hazards the standards set out in BMC 17 60 240 through
BMC 17 60 280 are required
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 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 and frame
ties to ground anchors
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Chapter 17.60 BMC
Floodplain Management
17.60.250 CONSTRUCTION MATERIALS AND METHODS.
(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 - conditioned equipment and other
service facilities shall be designed and/or otherwise elevated or located at least one (1) foot
above the base flood elevation so as to prevent water from entering or accumulating within the
components during conditions of flooding
17.60.260 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
(d) Water wells shall be located on high ground that is not in the floodwaX
17.60.270 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 systems located and constructed to minimize flood damage
(c) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage
(d) Base flood elevation data shall be provided for subdivision proposals and other
proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less
17.60.280 REVIEW OF BUILDING PERMITS.
Where elevation data is not available either through the Flood Insurance Study or from
another authoritative source (BMC 17 60 140( -21h)) 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
17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS.
In all areas of special flood hazards where base flood elevation data has been provided as
set forth in BMC 17 60 070, the provisions set out in BMC 17 60 300 through BMC 17.60 320
are required
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Chapter 17.60 BMC
Floodplain Management
17.60.300 RESIDENTIAL CONSTRUCTION.
(a) New construction and substantial improvement of any residential structure shall
have the lowest floor, including basement, elevated to one (1) foot or more 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 a registered professional engineer or architect or must meet or exceed
the following minimum criteria
(1) A minimum of two (2) openings have a total net Brea of not less than one
(1) 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 (1) 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
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 of the base flood elevation, or, together with attendant utility and
sanitary facilities, shall
(a) Be €leedptee€ed 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 Such certifications shall be provided to the official as set forth in BMC
17 60 140(3c &42)
(d) Nonresidential structures that are elevated, not €leedpr-ee€ed proofed must
meet the same standards for space below the lowest floor as described in BMC 17 60 300(b)
(e) Applicants €leedp}eef-ia ood proofing nonresidential buildings shall be notified
that flood insurance premiums will be based on rates that are one (1) foot below the
€leedpree€ed proofed level (e g , a building constructed to the base flood level will be rated
as one (1) foot below that level)
17.60.315 CRITICAL FACILITY.
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the Special Flood Hazard Area (SFHA) 100 -year floodplain Construction of new
critical facilities shall be permissible within the SFHA if no feasible alternative site is available
Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet
above BFE or to the height of the 500 -year flood, whichever is higher. Access to and from the
critical facility should also be protected to the height utilized above Flood proofing and sealing
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Chapter 17:60 BMC
Floodplain Management
measures must be taken to ensure that toxic substances will not be displaced by or released into
the floodwaters Access routes elevated to or above the level of the base flood elevation shall be
provided to all critical facilities to the extent possible
17.60.320 MANUFACTURED/MOBILE HOMES.
All manufactured/mobile homes in the floodplam 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 (1) 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.
17.60.325 RECREATIONAL VEHICLES.
Recreational vehicles placed on sites in the floodplam are required to either
(4-_a) Be on the site for fewer than one hundred eighty (180) consecutive days, or
(2b) Be fully licensed and ready for highway use, on wheels or hacking system,
attached to the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions, or
(3cc) Meet the requirements for manufactured/mobile homes as found in BMC
17 60 320
17.60.330 FLOODWAYS.
Located within areas of special flood hazard established in BMC 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
(a) 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,
(b) If subsection (a) 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 BMC 17 60 320,
(c) 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
(2) Repairs, reconstruction or improvements to a structure, the cost of which
does not exceed fifty (50) percent 5( 0°I°) of the market value of the structure either
(1) Before the repair or reconstruction is started; or
(ii) 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 (Wpercent
(50%) determination in subsection (c)(2) of this section
(d) Manufactured/mobile homes are prohibited in designated floodways
12
Chapter 17.60 BMC
Floodplain Management
17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO
FLOODWAYS
In areas with base flood elevations (but a regulatory floodway has not been designated
no new construction, substantial improvements, or other development (including fill) shall be
permitted within Zones Al -30 and AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more
than one foot at any point within the commun!
17.60.350 COASTAL HIGH HAZARD AREAS
Located within areas of special flood hazard established in BMC 17.60 070 are Coastal
High Hazard Areas, designated as Zones VI-30, VE and/or V These areas have special flood
hazards associated with high velocity waters from surges and, therefore, in addition to meeting
all provisions in this ordinance, the followmg_provision shall also apply
(a) All new construction and substantial improvements in Zones V1 -30 and VE (V if
base flood elevation data is available) on the community's FIRM shall be elevated on 12ilings and
columns so that
( 1) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated one foot or more above the base flood level and
(2) The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components Wind and water loading values shall each
have a one percent chance of being equaled or exceeded in and even year (100 -year mean
recurrence interval)
A registered professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with accepted standards of practice for
meeting the provisions of BMC 17 60 350 (a)(1) and (2)
(b) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures in Zones V1 -30, VE, and V on the community's FIRM and
whether or not such structures contain a basement The (Local Administrator) shall maintain a
record of all such information
(c) All new construction within Zones V1 -30, VE, and V on the community's FIRM
shall be located landward of the reach of mean high tide
(d) Provide that all new construction and substantial improvements within Zones V 1-
30, VE, and V on the community's FIRM have the space below the lowest floor either free of
obstruction or constructed with non - supporting breakaway walls, open wood lattice -work, or
insect screening intended to collapse under wind and water loads without causing g_olla_pse,
displacement, or other structural damage to the elevated portion of the building or supporting
foundation system For the purposes of this section, a breakaway wall shall have a design safe
loading resistance of not less than ten (10) and no more than twenty � 20) pounds per square foot
Use of breakaway walls which exceed a design safe loading resistance of twenty Y 20) pounds per
square foot (either by design or when so required by local or State codes) may permitted only
13
Chapter 17.60 BMC
Floodplain Management
if a registered professional engineer or architect certifies that the design proposed meets the
following conditions
(1) Breakaway wall collapse shall result from water load less than that which
would occur during the base flood, and
(2) The elevated portion of the building and nd supporting foundation system
shall not be subject to collapse, displacement, or other structural damage due to the effects of
wind and water loads acting simultaneously on all building components (structural and non-
structural) Maximum wind and water loading values to be used in this determination shall each
have a one percent chance of being equaled or exceeded in any ig ven year (100 -year mean
recurrence interval)
If breakaway walls are utilized, such enclosed space shall be useable solely for parking of
vehicles, building access, or storage Such space shall not be used for human habitation
(e) Prohibit the use of fill for structural support of buildings within Zones V 1 -30, VE,
and V on the community's FIRM
(f) Prohibit man-made alteration of sand dunes within Zones V 1 -30, VE, and V on
the community's FIRM which would increase potential flood damage
(g) All manufactured homes to be placed or substantially improved within Zones V1-
30, V, and VE on the community's FIRM on sites
(1) Outside of a manufactured home park or subdivision,
(2) In a new manufactured home park or subdivision,
(3) In an expansion to an existing manufactured home park or subdivision, or
(4) In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood
Shall meet the standards of BMC 17 60 350(a) through (f) and manufactured homes placed or
substantially improved on other sites in an existing manufactured home park or subdivision
within Zones V1 -30, V and VE on the FIRM shall meet the requirements of BMC 17 60 320,
(h) Recreational vehicles placed on sites within Zones V 1 -30, V and VE on the
community's FIRM either
(1) Be on the site for fewer than 180 consecutive days, or
(2) Be fully licensed and ready for highway use, on its wheels or lacking
system, attached to the site only by quick disconnect type utilities and security devices, and have
no permanently attached additions, or
(3) Meet the requirements of BMC 17 60 120 (development permit required)
and BMC 17 60 350(a) through (f)
SECTION 2 . Severabdity If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect
SECTION 3. 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
14
Chapter 17.60 BMC
Floodplain Management
PASSED by the City Council the hl, day of d�e�b��' , 2013
GREG TELER, Council President
Approved this of — day of WA (be*" , 2013
PATTY L NT Mayor
ATTEST APPROVED AS TO FORM
R
SHANNON CORIN, City Clerk ROGER A LUBOVICH, City orney
PUBLISHED the day o k 1 dVeM&K ' 2013
EFFECTIVE the day of a , 2013
ORDINANCE NO Z/
R \L.egal\Legal \Ordmances\Pubhc Works & Util►tiesTloodplain Management (2013) Chapter 17 60 - final docx
15
Chapter 17.60 BMC
Floodplain Management
AFFIDAVIT OF PUBLICATION
Account #42742 AD #20137852
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christine Kendrick, 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 an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit
And on Nov 27, 2013 such newspaper was regularly distributed to its subscribers during all of said period
The full amount of the fee charged for the foregoing publication is the sum of $35 60 This amount has not
been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of November 29, 2013
Notary Public in and for the State of Washington, Kitsap County NOTARY PUBLIC
STATE OF WASHINGTON
CHRISTY NI MOFFITT
My Appointment Expires July 08 22018
ORDINANCE NO 5231
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 17 60 of
the Bremerton Municipal Code entitled Floodplam Management
PASSED by the City Council on the 20th day of November, 2013
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
November 27, 2013
AD# 20137852