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
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