Chapter 15.12
FLOOD HAZARD CONTROL REGULATIONS
Sections:
15.12.010 Purpose of provisions.
15.12.020 Definitions.
15.12.030 Applicability.
15.12.040 Development compliance – Establishment of elevation certificate.
15.12.050 Designation of local administrator.
15.12.060 Duties and responsibilities of local administrator.
15.12.070 Permit review.
15.12.080 Use of other base flood data.
15.12.090 Information to be obtained and maintained.
15.12.100 Interpretation of FHBM boundaries.
15.12.110 Provisions for flood hazard reduction – General standards.
15.12.120 Anchoring.
15.12.130 Construction materials and methods.
15.12.140 Utilities.
15.12.150 Landfill.
15.12.160 Subdivision proposals.
15.12.170 Specific standards.
15.12.180 A zones.
15.12.190 V zones.
15.12.200 Violation – Penalty.
15.12.010 Purpose of provisions.
The purpose of this chapter is to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas of special flood hazard by imposing requirements designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Res. 172-1986 Exh. A § 1)
15.12.020 Definitions.
Unless specifically defined in this section, 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.
"Adversely affect" means that the proposed development will cause flood levels to rise and result in damage to nearby property and/or structures because of increased runoff, reduced flood carrying capacity and/or restricted drainage.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means any floor level below the lowest floor in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as "lowest floor" as defined in this section.
"Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters.
"Coastal high hazard areas" means the areas within any areas of special flood hazard that are subject to high velocity waters, including but not limited to, storm surge or tsunamis. Such areas shall be identified by the local administrator as V zones.
"Development" means any man-made change to improved or unimproved real estate, including but not limited to the construction or exterior alteration of buildings or other structures, mining, dredging, dumping, filling, paving, excavation or drilling operations located within any area of special flood hazard.
"Development permit applications" means all permit applications for development administered by the Permit Center and by the health and community services department, including any meeting the definition of "substantial improvement."
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood hazard boundary map" (FHBM) means the official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated zone A.
"Lowest floor" means 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 is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
"Market value" means current value for land or structures as assessed by the County assessor’s office.
"Mean sea level" means the average height of the sea for all stages of the tide.
"Structure" means a walled and roofed building, a mobile home or a gas or liquid storage tank, that is principally above ground.
"Subdivision" means any division or subdivision of land as defined in Chapter 18.70 SJCC.
"Substantial improvement" means any repair, reconstruction or improvement of a structure, or series of such improvements in any five-year period, the cost of which equals or exceeds 50 percent of the market value of the structure either:
1. Before the first 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 the alteration affects the external dimensions of the structure.
The term does not, however, include either:
1. Any repair, reconstruction or improvement of a structure made solely to comply with existing state or local health, sanitary or safety code specifications and thereby assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. (Ord. 14-2000 § 7(KK); Res. 172-1986 Exh. A § 2)
15.12.030 Applicability.
This chapter applies to all areas of special flood hazard within the jurisdiction of the County as identified by the Federal Insurance Administration on its Flood Hazard Boundary Maps (FHBMs) Numbers 530149 0001-0008, dated June 7, 1977, and any revisions thereto, which are adopted by reference and declared to be a part of this chapter. The FHBMs are on file at the San Juan County Permit Center, Courthouse Annex, 135 Rhone Street, Friday Harbor, WA 98250. (Ord. 6-1996; Res. 172-1986 Exh. A § 3)
15.12.040 Development compliance – Establishment of elevation certificate.
No development shall be undertaken within any area of special flood hazard except in compliance with the provisions of this chapter, and no construction of or substantial improvement to any structure(s) shall be undertaken within any such areas until an elevation certificate, as established in this section, is obtained from the local administrator. Application for an elevation certificate shall be made on forms provided by the local administrator and shall provide a written and graphic portrayal of the following information:
A. The location, dimensions and elevations of the subject property in relationship to any area(s) of special flood hazard;
B. The location, dimensions and elevations of all existing and proposed development, including but not limited to all structures, fill, paving, storage of materials, drainage facilities, sewage disposal facilities, wells, etc.;
C. Elevation in relationship to mean sea level of the lowest floor (including basement) of structures;
D. Elevation in relationship to mean sea level to which any structure has been floodproofed;
E. Certification by a registered professional engineer or architect licensed in the state of Washington that the floodproofing methods for any structure meet the floodproofing criteria in SJCC 15.12.180 and 15.12.190; and
F. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. (Res. 172-1986 Exh. A § 4.1)
15.12.050 Designation of local administrator.
The County permit center director is designated and appointed as the local administrator, who shall administer and implement the provisions of this chapter by recommending or not recommending or granting or denying development permit applications, as appropriate (depending upon the planning director’s authority with respect to the subject development permit applications), and/or issuing elevation certificates in areas of special flood hazard in accordance with its provisions. Any decision to issue or deny an elevation certificate, however, is appealable to the board of County commissioners by submitting a letter of appeal to the local administrator within 10 days after such decision. (Ord. 6-1996; Res. 172-1986 Exh. A § 4.2)
15.12.060 Duties and responsibilities of local administrator.
The duties of the local administrator include, but are not limited to those set forth in SJCC 15.12.070 through 15.12.100. (Res. 172-1986 Exh. A § 4.3)
15.12.070 Permit review.
The local administrator shall:
A. Review all development permit applications and all applications for elevation certificates in areas of special flood hazard to determine if the requirements of this chapter have been satisfied.
B. Review all development permit applications and all applications for elevation certificates in areas of special flood hazard to determine if all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
C. Review all development permit applications and all applications for elevation certificates in areas of special flood hazard to determine if the proposed development will adversely affect nearby properties.
1. If it is determined that there is no adverse effect, then the local administrator shall issue the elevation certificate and the appropriate authority may approve the subject development permit application(s) consistent with the provisions of this chapter without further consideration of these effects;
2. If it is determined that there is an adverse effect, then flood damage mitigation measures shall be made a condition of the elevation certificate issued by the local administrator and a condition of any development permit approved by the appropriate authority;
3. If it is determined that there is a substantial adverse effect that cannot be adequately mitigated, then an elevation certificate shall not be issued by the local administrator and the subject development permit application(s) shall be denied by the appropriate authority. (Res. 172-1986 Exh. A § 4.3-1)
15.12.080 Use of other base flood data.
When base flood elevation data has not been provided by the Federal Insurance Administration on the flood hazard boundary maps, the local administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer SJCC 15.12.170. (Res. 172-1986 Exh. A § 4.3-2)
15.12.090 Information to be obtained and maintained.
The local administrator shall:
A. 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, whether or not the structure contains a basement;
B. For all new or substantially improved floodproofed structures:
1. Obtain and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed,
2. Maintain the floodproofing certifications required in SJCC 15.12.040(E);
C. Maintain for public inspection all records pertaining to the provisions of this chapter;
D. In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect licensed in the state of Washington that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters. (Res. 172-1986 Exh. A § 4.3-3)
15.12.100 Interpretation of FHBM boundaries.
The local administrator shall make interpretations where needed as to the 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), including any coastal high hazard areas. (Res. 172-1986 Exh. A § 4.3-4)
15.12.110 Provisions for flood hazard reduction – General standards.
All developments in areas of special flood hazard must first meet the requirements of the County comprehensive plan including any subarea plans, and the County health and building codes adopted in Chapters 13.04 and 15.04 SJCC, respectively. When allowed, such developments shall also meet the standards set forth in SJCC 15.12.120 through 15.12.160 to the satisfaction of the appropriate departments. (Res. 172-1986 Exh. A § 5.1)
15.12.120 Anchoring.
A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
B. All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and/or frame ties to ground anchors. Specific requirements are that:
1. Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side;
2. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side;
3. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
4. Any additions to the mobile home be similarly anchored. (Res. 172-1986 Exh. A § 5.1-1)
15.12.130 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. (Res. 172-1986 Exh. A § 5.1-2)
15.12.140 Utilities.
A. All new and replacement water 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; and
C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Res. 172-1986 Exh. A § 5.1-3)
15.12.150 Landfill.
A. Landfill shall not be allowed except in accordance with all applicable provisions of the County comprehensive plan and shoreline master program.
B. Landfill shall not be allowed where it will adversely affect nearby properties and/or structures. (Res. 172-1986 Exh. A § 5.1-4)
15.12.160 Subdivision proposals.
A. All subdivision proposals in areas of special flood hazard shall be consistent with the need to minimize flood damage;
B. All subdivision proposals in areas of special flood hazard shall have any public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals in areas of special flood hazard shall have adequate drainage provided to reduce exposure to flood damage; and
D. Base flood elevation data shall be provided for all subdivision proposals in areas of special flood hazard and other proposed developments which contain at least 50 lots or five acres, whichever is less. (Res. 172-1986 Exh. A § 5.1-5)
15.12.170 Specific standards.
In all areas of special flood hazard, the standards set forth in SJCC 15.12.180 and 15.12.190 shall also apply. (Res. 172-1986 Exh. A § 5.2)
15.12.180 A zones.
In A zones, all new construction and substantial improvement of any residential, commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to at least one foot above the base flood elevation, as shown in Figure 15.12.180, or together with attendant utility and sanitary facilities shall:
A. Be floodproofed so that below the base flood elevation 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 licensed in the state of Washington, that the standards of this subsection are satisfied. Such certifications shall be provided to the local administrator as set forth in SJCC 15.12.090 (B). (Res. 172-1986 Exh. A § 5.2-1)
15.12.190 V zones.
In coastal high hazard areas (V zones), which have special flood hazards associated with high velocity waters from tidal surges, the following standards shall apply in lieu of those specified in SJCC 15.12.180:
A. All buildings or structures shall be located landward of extreme high tide and in accordance with all applicable regulations and/or plat restrictions;
B. All buildings or structures shall be elevated so that the lowest supporting member is located at least one foot above the base flood elevation as shown in Figure 15.12.180, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection (H) of this section;
C. All buildings or structures shall be securely anchored on pilings or columns;
D. Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the base flood flow;
E. Compliance with provisions of subsections (B), (C) and (D) of this section shall be certified to by a registered professional engineer or architect;
F. Landfill shall not be used for structural support or general protection;
G. There shall be no alteration of sand dunes or beach berms which would increase potential flood damage;
H. Breakaway walls shall be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used;
I. If breakaway walls are utilized, such enclosed space shall not be used for human habitation;
J. Prior to construction, plans for any structure that will have breakaway walls must be submitted to the local administrator for approval;
K. The placement of mobile homes is prohibited, except in an existing mobile home park or mobile home subdivision;
L. Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the provisions set forth in this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided for in subsections (H) and (I) of this section. (Res. 172-1986 Exh. A § 5.2-2)
15.12.200 Violation – Penalty.
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) constitutes a misdemeanor. Enforcement and penalties shall be in accordance with the enforcement and penalty provisions of the other ordinances and official controls applicable to the related development permits. (Res. 172-1986 Exh. A § 6)