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A. Areas of Orting are subject to periodic inundation and channel migration which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for protection and relief from flooding and channel migration, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. When floodplains and watersheds are developed without taking appropriate care and precautions, flood heights, frequencies, and velocities increase, causing a greater threat to humans, damage to property, destruction of natural floodplain functions, and adverse impacts to water quality and habitat.
C. Rivers, streams, lakes, estuarine and marine areas and their floodplains are major elements of healthy aquatic and riparian habitats and conveyance of floodwaters. If watersheds, rivers, streams, lakes, estuaries, floodplains and other systems are not viewed holistically as biological and geomorphologic units, it can lead to serious degradation of habitat and increased flood hazards to people and human development.
D. Over the years, natural processes have evolved that manage floodwaters and channel flows in the most effective and efficient manner. Disruption of these processes by altering land cover, stream channels, wetlands, and other water bodies leads to increased flood hazards, loss of life and property, threats to public health, and loss of habitat. (Ord. 2017-1006, 2-22-2017)
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life, health, safety and welfare from the dangers of flooding;
B. To the extent possible, retain the natural channel, shoreline, and floodplain creation processes and other natural floodplain functions that protect, create, and maintain habitat for threatened and endangered species;
C. Prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels;
D. Minimize expenditure of public money and costly flood control projects;
E. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
F. Minimize prolonged business and governmental interruptions;
G. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, roadways, and bridges and culverts located in areas of special flood hazard;
H. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
I. Ensure that potential buyers are notified that property is in an area of special flood hazard;
J. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
K. Qualify the city for participation in the national flood insurance program, thereby giving citizens and businesses the opportunity to purchase flood insurance;
L. Maintain the quality of water in rivers, streams, lakes, estuaries, and marine areas and their floodplains so as to protect public water supplies, areas of the public trust, and wildlife habitat protected by the endangered species act;
M. Retain the natural channel, shoreline, and floodplain creation processes and other natural floodplain functions that protect, create, and maintain habitat for threatened and endangered species; and
N. Prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels. (Ord. 2017-1006, 2-22-2017)
This chapter shall apply to the regulatory floodplain, which is comprised of the special flood hazard area and all protected areas within the jurisdiction of the city.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage throughout their intended life span;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging, and other development which may increase flood damage;
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas;
F. Defining and clarifying the terms and phrases used in section 14-1-5 of this chapter;
G. Identifying the regulatory floodplain, the special flood hazard area, and the protected area and the supporting technical data needed to delineate those areas;
H. Establishing a permit requirement in section 14-1-8 of this chapter so that all human development that may affect flood hazards, water quality, and habitat are reviewed before it is constructed;
I. Setting minimum protection standards in section 14-1-10 of this chapter for all development to ensure that the development will not increase the potential for flood damage or adversely affect natural floodplain functions; and
J. Setting minimum standards to protect new and substantially improved structures from flood damage in section 14-1-9 of this chapter. (Ord. 2017-1006, 2-22-2017)
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Other pertinent definitions are included in titles 12, 13, and 15 of this code.
APPEAL: A request for a review of the city of Orting's interpretation of any provision of this chapter or a request for a variance.
APPURTENANT STRUCTURE: A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
AREA OF SHALLOW FLOODING: A designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one foot (1') to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The area subject to the base flood is the special flood hazard area designated on flood insurance rate maps as zones "A" or "V" including AE, AO, AH, A1-99 and VE.
BASE FLOOD ELEVATION: The elevation of the base flood above the datum of the effective FIRM.
BASEMENT: Any area of a building having its floor subgrade (below ground level) on all sides.
CHANNEL MIGRATION AREA: The area within the lateral extent of likely stream channel movement due to stream bank destabilization and erosion, rapid stream incision, aggradations, avulsions, and shifts in location of stream channels.
CRITICAL FACILITY: A facility necessary to protect the public health, safety and welfare during a flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency operations installations, water and wastewater treatment plants, electric power stations, and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances or hazardous waste intended for household use).
DEVELOPMENT: Any manmade change to improved or unimproved real estate in the regulatory floodplain, including, but not limited to, buildings or other structures, mining, dredging, grading, paving, excavating or drilling operations, or storage of materials or equipment, subdivision of land, removal of more than five percent (5%) of the native vegetation on the property, or any other activity which results in the removal of substantial amounts of vegetation or in the alteration of natural site characteristics located within the area of special flood hazard.
DEVELOPMENT PERMIT: Any city permit involving approval of development.
DRY FLOODPROOFING: Any combination of structural and nonstructural measures that prevent floodwaters from entering a structure.
ELEVATED BUILDING: A nonbasement building built to have the lowest floor elevated above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION CERTIFICATE: The official form (FEMA form 086-0-33) used to track development and provide elevation information necessary to ensure compliance with provisions of this chapter and determine the proper flood insurance premium rate with section B completed by community officials.
EXISTING CONSTRUCTION: For the purposes of determining insurance rates, structures for which the "start of construction" commenced before the effective date of the flood insurance rate map. This term may also be referred to as "existing structures".
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the effective date of the floodplain management regulations adopted by the city of Orting.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA: The federal emergency management agency, the agency responsible for administering the national flood insurance program.
FISH AND WILDLIFE HABITAT CONSERVATION AREA: Lands needed to maintain species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. These areas are designated by the city of Orting, pursuant to the Washington state growth management act 1 .
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map of a community, on which the federal emergency management agency (FEMA) has delineated the areas of flood hazards and regulatory floodway.
FLOOD HAZARD BOUNDARY MAP (FHBM): The official map of a community, issued by FEMA, where the boundaries of the special flood hazard area have been identified as zone A.
FLOOD INSURANCE RATE MAP (FIRM): The official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: 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 OR FLOODING: 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.
FLOOD PROTECTION ELEVATION (FPE): The elevation above the datum of the effective FIRM to which new and substantially improved structures must be protected from flood damage.
FLOODPLAIN: Any land area susceptible to being inundated by water from any source.
FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY: 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 (1').
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed wall of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the national register of historic places or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;
B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in the states with historic preservation programs which have been approved by the secretary of the interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the secretary of the interior, or
2. Directly by the secretary of the interior in states without approved programs.
HYPORHEIC ZONE: A saturated layer of rock or sediment beneath and/or adjacent to a stream channel that contains some proportion of channel water or that has been altered by channel water infiltration.
IMPERVIOUS SURFACE: As defined in Title 9, Chapter 5A, Section 4A of this code.
INCREASED COST OF COMPLIANCE: A flood insurance claim payment up to thirty thousand dollars ($30,000.00) directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage".
LOWEST FLOOR: The lowest floor of the lowest 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 will comply with standards for residential structures at subsection 14-1-9B1 of this chapter.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
MITIGATION CONTRIBUTION: A cash donation or other valuable consideration offered by the applicant in lieu of: a) a required dedication of land for public park, recreation, open space, public facilities, or schools; or b) road improvements needed to maintain adopted levels of service or to ameliorate identified impacts and accepted on the public's behalf as a condition of approval of a subdivision, plat or binding site plan. Voluntary contributions may be accepted by the city.
NATIVE VEGETATION: Plant species that are indigenous to the local geography and that reasonably could be expected to naturally occur on the site.
NATURAL FLOODPLAIN FUNCTIONS: The contribution that a floodplain makes to support habitat, including, but not limited to, providing flood storage and conveyance, reducing flood velocities, reducing sedimentation, filtering nutrients and impurities from runoff, processing organic wastes, moderating temperature fluctuations, and providing breeding and feeding grounds, shelter, and refugia, for aquatic or riparian species.
NEW CONSTRUCTION: For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date hereof and includes any subsequent improvements to such structures.
PARTICIPATING COMMUNITY: Also known as an eligible community, means a community in which FEMA has authorized the sale of flood insurance.
PROTECTED AREA: Comprised of those lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration zone. Because of the impact that development can have on flood heights and velocities and habitat, special rules apply in the protected area.
RECREATIONAL VEHICLE: A vehicle, which is defined at OMC 13-2-19.
REGULATORY FLOODPLAIN: The area of the special flood hazard area plus the protected area.
RIPARIAN HABITAT ZONE: The water body and adjacent land areas that are likely to support aquatic and riparian habitat.
SPECIAL FLOOD HAZARD AREA (SFHA): The land subject to inundation by the base flood. Special flood hazard areas are designated on flood insurance rate maps with the letters "A" or "V" including AE, AO, AH, A1-99 and VE. The special flood hazard area is also referred to as the area of special flood hazard or SFHA subject to a one percent (1%) or greater chance of flooding in a given year.
START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing and grading; 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 the building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE: A walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE: 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. Substantial damage also means flood related damage sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty five percent (25%) of the value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT:
A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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.
B. The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which has been previously identified by the local code enforcement official and which is solely necessary to assure safe living conditions; or
2. Any alteration of a "historic structure" provided that the alteration would not preclude the structure's continued designation as a "historic structure".
VARIANCE: A grant of relief from the requirements of this chapter.
VIOLATION: The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required in this chapter is presumed to be a violation until such time as that documentation is provided.
WATER DEPENDENT: A structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
WATER TYPING: A system for classifying water bodies according to their size and fish habitat characteristics. The Washington department of natural resources' forest practices water typing classification system (222-16 WAC) is hereby adopted by reference. The system defines four (4) water types:
A. Type "S" = Shoreline: Streams that are designated "shorelines of the state", including marine shorelines.
B. Type "F" = Fish: Streams that are known to be used by fish or meet the physical criteria to be potentially used by fish.
C. Type "Np" = Nonfish perennial streams.
D. Type "Ns" = Nonfish seasonal streams.
ZONE: One or more areas delineated on the FIRM. The following zones may be used on the adopted FIRM. The special flood hazard area (SFHA) is comprised of the A and V zones.
A: SFHA where no base flood elevation is provided.
A#: Numbered A zones (e.g., A7 or A14), SFHA with a base flood elevation.
AE: SFHA with a base flood elevation.
AO: SFHA subject to inundation by shallow flooding usually resulting from sheet flow on sloping terrain, with average depths between one and three feet (3'). Average flood depths are shown.
AH: SFHA subject to inundation by shallow flooding (usually areas of ponding) with average depths between one and three feet (3'). Base flood elevations are shown.
B: The area between the SFHA and the 500-year flood of the primary source of flooding. It may also be an area with a local, shallow flooding problem or an area protected by a levee.
C: An area of minimal flood hazard, as above the 500-year flood level of the primary source of flooding. B and C zones may have flooding that does not meet the criteria to be mapped as a special flood hazard area, especially ponding and local drainage problems.
D: Area of undetermined but possible flood hazard.
V: The SFHA subject to coastal high hazard flooding including waves of three feet (3') or greater in height. There are three (3) types of V zones: V, V#, and VE, and they correspond to the A zone designations.
X: The area outside the mapped SFHA.
Shaded X: The same as a zone B, herein.
(Ord. 2017-1010, 3-6-2017; amd. Ord. 2019-1053, 11-25-2019; Ord. 2019-1057, 1-8-2020)
Notes
| 1 | 1. RCW ch. 36.70A. |
A. Lands To Which This Chapter Applies: This chapter shall apply to the regulatory floodplain, which is comprised of the special flood hazard area and all protected areas within the city.
B. Basis For Establishing The Special Flood Hazard Area: The areas of special flood hazard identified by the federal insurance administration in a scientific and engineering report entitled "The Flood Insurance Study For Pierce County And Incorporated Areas" dated March 7, 2017, and any revisions thereto, with an accompanying flood insurance rate map (FIRM) and any revisions thereto are hereby adopted by reference and declared to be part of this chapter. The flood insurance study and the FIRM special flood hazard area (SFHA) is the area subject to flooding by the base flood and subject to the provisions of this chapter. The flood insurance study and the FIRM are on file at city offices at 110 Train Street SE.
Upon receipt of a floodplain development permit application, the floodplain administrator shall compare the elevation of the site to the base flood elevation. A development project is not subject to the requirements of this chapter if it is located on land that can be shown to be:
1. Outside the protected area, and
2. Higher than the base flood elevation.
The administrator shall inform the applicant that the project may still be subject to the flood insurance purchase requirements unless the owner receives a letter of map amendment from FEMA.
C. Flood Hazard Data:
1. Base Flood Elevation For SFHAs In The City Of Orting: The base flood elevation for the SFHAs of the city of Orting shall be as delineated on the 100-year flood profiles in the adopted Pierce County flood insurance study and FIRM.
2. Base Flood Elevations For SFHAs In The AH Or AO Zone: The base flood elevation for each SFHA delineated as a "zone AH" or "zone AO" shall be that elevation (or depth) delineated on the flood insurance rate map. Where base flood depths are not available in zone AO, the base flood elevation shall be considered to be two feet (2') above the highest grade adjacent to the structure.
3. Base Flood Elevation For Other SFHAs: The "base flood elevation" for all other SFHAs shall be as defined in section 14-1-5 of this chapter.
4. Flood Protection Elevation: The flood protection elevation (FPE) shall be the base flood elevation plus one foot (1').
5. Uses Of Other Base Flood Data: When base flood elevation data has not been provided (in A or V zones) in accordance with subsection B of this section, the city shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer subsections 14-1-9B and C of this chapter.
D. Protected Area:
1. The protected area is comprised of those lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration area.
2. In riverine areas, where a floodway has not been designated in accordance with this chapter the protected area is comprised of those lands that lie within the boundaries of the riparian habitat zone, the channel migration area, and the SFHA.
E. Riparian Habitat Zone: The riparian habitat zone includes those watercourses within the SFHA and adjacent land areas that are likely to support aquatic and riparian habitat.
1. The size and location of the riparian habitat zone is dependent on the type of water body. The riparian habitat zone includes the water body and adjacent lands, measured perpendicularly from ordinary high water on both sides of the water body:
a. Type S streams that are designated "shorelines of the state": Two hundred fifty feet (250').
b. Type F streams (fish bearing) greater than five feet (5') wide and marine shorelines: Two hundred feet (200').
c. Type F streams less than five feet (5') wide and lakes: One hundred fifty feet (150').
d. Type N (nonsalmonid bearing) perennial and seasonal streams with unstable slopes: Two hundred twenty five feet (225').
e. All other type N (nonsalmonid bearing) perennial and seasonal streams: One hundred fifty feet (150').
2. The riparian habitat zone shall be delineated on the site plan by the applicant at the time of application for subdivision approval or floodplain development permit for all development proposals within three hundred feet (300') of any stream or shoreline.
F. Channel Migration Area: 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 A1-30 and AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing or anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point.
1. The channel migration area shall be the channel migration zone as delineated by Pierce County.
G. New Regulatory Data:
1. All requests to revise or change the flood hazard data, including requests for a letter of map revision and a conditional letter of map revision shall be reviewed by the administrator.
a. The administrator shall not sign the community acknowledgment form for any requests for development, unless the applicant for the letter documents that such development is in compliance with this chapter.
2. Where base flood elevation data are not available, applicants for approval of new subdivisions and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall include such data with their permit applications.
3. Where channel migration zone data are not available in accordance with this chapter, the permit applicant shall either:
a. Designate the entire SFHA as the channel migration zone; or
b. Identify the channel migration zone for the area one river mile upstream to one river mile downstream of the site in accordance with "Regional Guidance For NFIP-ESA Floodplain Mapping", published by FEMA region X.
4. All new hydrologic and hydraulic flood studies conducted pursuant to this chapter shall consider future conditions and the cumulative effects from anticipated future land use changes in accordance with "Regional Guidance For Hydrologic And Hydraulic Studies In Support Of The Model Ordinance For Floodplain Management Under The National Flood Insurance Program And The Endangered Species Act", FEMA region X, 2010.
H. Floodways:
1. Encroachments, including fill, new construction, substantial improvements, and other development is prohibited unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: a) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and b) repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either:
a. Before the repair, or reconstruction is started, or
b. If the structure has been damaged, and is being restored, before the damage occurred.
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the fifty percent (50%).
3. If subsections H1 and H2 of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 14-1-10 of this chapter.
I. Penalties For Noncompliance:
1. Compliance; Violation A Misdemeanor: 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.
2. Penalty Imposed: Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in section 1-4-1 of this code, for each violation, and in addition shall pay all costs and expenses involved in the case.
3. Remedial Action: Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
J. Abrogation Of Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
K. Interpretation: In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
L. Warning 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 FEMA, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
M. Severability: The provisions of this section shall be deemed separable and the invalidity of any portion of this chapter shall not affect the validity of the remainder. (Ord. 2017-1010, 3-6-2017)
A. Nondevelopment Activities: Activities that do not meet the definition of "development" are allowed in the regulatory floodplain without the need for a floodplain development permit under this chapter, provided all other federal, state, and local requirements are met. The following are examples of activities not considered development or "manmade changes to improved or unimproved real estate".
1. Routine maintenance of landscaping that does not involve grading, excavation, or filling;
2. Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation;
3. Normal maintenance of structures, such as reroofing and replacing siding, provided such work does not qualify as a substantial improvement;
4. Normal maintenance of aboveground utilities and facilities, such as replacing downed power lines and utility poles;
5. Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas; and
6. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility are allowed in the regulatory floodplain without need for a floodplain development permit. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition for protection on the face or toe with rock armor.
B. Activities Allowed With A Floodplain Permit: The following activities are allowed in the regulatory floodplain without the habitat impact assessment required under subsection C of this section, providing all other requirements of this chapter are met, including obtaining a floodplain development permit:
1. Repairs or remodeling of an existing structure, provided that the repairs or remodeling are not a substantial improvement or a repair of substantial damage.
2. Expansion of an existing structure that is no greater than ten percent (10%) beyond its existing footprint, provided that the repairs or remodeling are not a substantial improvement or a repair of substantial damage. This measurement is counted cumulatively from the effective date hereof. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow.
3. Activities with the sole purpose of creating, restoring or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, provided the activities do not include buildings, liquid or gas storage tanks, or impervious surfaces.
4. Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not include structures, fill, impervious surfaces or removal of more than five percent (5%) of the native vegetation on that portion of the property in the regulatory floodplain.
5. Repair to on site septic systems provided the ground disturbance is the minimum necessary.
C. Habitat Impact Assessment: Unless allowed under subsections A and B of this section, a permit application to develop in the regulatory floodplain shall include an assessment of the impact of the project on federal, state or locally protected species and habitat, water quality and aquatic and riparian habitat. The assessment shall be:
1. A biological evaluation or biological assessment developed per 50 CFR 402.12 to initiate federal interagency consultation under endangered species act section 7(a)(2); or
2. Documentation that the activity fits within section 4(d) of the endangered species act; or
3. Documentation that the activity fits within a habitat conservation plan approved pursuant to section 10 of the endangered species act, where any such assessment has been prepared or is otherwise made available; or
4. An assessment prepared in accordance with "Regional Guidance For Floodplain Habitat Assessment And Mitigation", FEMA region X, 2010. The assessment shall determine if the project would adversely affect:
a. Species that are federal, state or local listed as threatened or endangered,
b. The primary constituent elements for critical habitat, when designated,
c. Essential fish habitat designated by the national marine fisheries service,
d. Fish and wildlife habitat conservation areas,
e. Other protected areas and elements necessary for species conservation.
D. Habitat Mitigation Plan:
1. If the assessment conducted under subsection C of this section concludes the project is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts, in accordance with "Regional Guidance For Floodplain Habitat Assessment And Mitigation", FEMA region X, 2010.
a. If the project is located outside the protected area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures as are appropriate for the situation.
b. No new stream crossings are allowed within the special flood hazard zone, but outside the protected area.
c. If the project is located in the protected area, the mitigation plan shall stipulate avoidance measures as are needed to ensure that there is no adverse effect during any phase of the project.
2. The plan's habitat mitigation activities shall be incorporated into the proposed project. The floodplain development permit shall be based on the redesigned project and its mitigation components.
3. The floodplain administrator shall not issue a certification of use or a certificate of occupancy until all work identified in the biological evaluation, biological assessment, or mitigation plan has been completed or the applicant has provided the necessary assurance that unfinished portions of the project will be completed. (Ord. 913, 9-28-2011)
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