Chapter 15.12
FLOOD HAZARD REGULATIONS
Sections:
Article I. Findings of Fact and Purpose
15.12.010 Findings.
15.12.020 Purpose.
15.12.030 Methods of reducing flood losses.
Article II. Definitions
15.12.040 Definitions.
Article III. General Provisions
15.12.050 Lands to which chapter applies.
15.12.060 Compliance required – Penalties.
15.12.070 Abrogation and greater restrictions.
15.12.080 Interpretation.
15.12.090 Warning and disclaimer of liability.
Article IV. Administration
15.12.100 Building official to administer.
15.12.110 Development permit required.
15.12.120 Duties of the building official.
15.12.130 Variances.
15.12.140 Conditions for variances.
Article V. Flood Hazard Reduction
15.12.150 General standards.
15.12.160 Specific standards.
15.12.170 Floodways.
15.12.180 Repealed.
15.12.190 Appeals.
Article I. Findings of Fact and Purpose
15.12.010 Findings.
A. The flood hazard areas of the city of Snoqualmie are subject to periodic inundation which may result 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 effects 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 floodproofed, elevated or otherwise protected also contribute to flood loss. (Ord. 621 § 1, 1989).
15.12.020 Purpose.
A. These regulations are promulgated in order 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:
1. To protect human life and health;
2. To minimize expenditure of public money and costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. 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;
6. 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 future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. It is further the purpose of these regulations to comply with the requirements of the National Flood Insurance Program by adoption of floodplain management regulations consistent with federal criteria, as set forth in Title 44 CFR, Subchapter B – Insurance and Hazard Mitigation. (Ord. 890 § 1, 2001; Ord. 621 § 1, 1989).
15.12.030 Methods of reducing flood losses.
In order to accomplish the foregoing purposes, the following methods shall be employed pursuant to authority of this chapter in reducing flood losses:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in increases in erosion or flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement;
C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate the storage or channeling of floodwaters;
D. Controlling the filling, grading and other development which may increase flood damage;
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and
F. Such other measures as are deemed necessary and appropriate in light of any special vulnerability to flood damage of a specific site due to location or natural features. (Ord. 856 § 1, 2000; Ord. 621 § 1, 1989).
Article II. Definitions
15.12.040 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted to have the meaning they have in common usage and to give this chapter its most reasonable application to effectuate its purposes. The following words and phrases shall for purposes of this chapter have the following meanings:
A. “Appeal” means a request for a review of the building official’s interpretation of this chapter, or review by superior court of a decision of the city council.
B. “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 to three 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.
C. “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. Designation on maps always includes the letters “A” or “V.”
D. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year, and may be used interchangeably with the term “100-year flood.”
E. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides, provided a subgrade crawl space shall not be deemed a basement and may be allowed when it meets the requirements of FEMA Technical Bulletin 11-01 (November 2001), including all of the following:
1. The interior grade of the crawl space is not more than two feet below the lowest adjacent exterior grade;
2. The height of the crawl space from the interior grade of the crawl space to the top of the crawl space foundation wall does not exceed four feet;
3. There is a drainage system that removes interior floodwaters; and
4. The velocity of floodwaters at the site is not more than five feet per second.
F. “Critical facility” means a facility for which even a slight chance of flooding might 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.
G. “Development” means any manmade changes 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 an area of special flood hazard.
H. “Fill” means any natural or processed earthen material of any nature whatsoever, including, but not limited to, soil, gravel, crushed rock, concrete, or asphalt, imported to a lot, tract or parcel, other than those materials that are directly incorporated into a building or structure. For purposes of construction of railroad track, “fill” shall not include such ballast as may be required by state or federal regulations to provide for the stability of the track, not exceeding 16 inches in depth. For purposes of road, driveway, sidewalk or approved parking area construction, “fill” shall include materials used to construct to subgrade, including gravel or rock, but shall not include above-grade concrete, asphalt, gravel or other paving material, if any, not exceeding four inches in total thickness; and further provided, for purposes of public streets, “fill” shall not include materials used to construct to six inches of subgrade to create a roadway crown, where deemed necessary or appropriate by the city engineer.
I. “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 of runoff of surface waters from any source.
J. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
K. “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.
L. “Floodplain” means a land area adjoining a river, stream, watercourse or lake, which is likely to be flooded.
M. “Floodproofing” means 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.
N. “Floodway” means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
O. “Flood barrier” means any manmade obstruction which serves to prevent, hinder, restrict, bar or alter the passage of flood waters through usual and normal conveyance channels, other than any structure specifically approved as part of a flood control project, which has more than a purely localized effect on conveyance.
P. For purposes of this chapter, “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 nonelevation design requirements of this chapter.
Q. “Manufactured home” means a single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. For purposes of this chapter, the term “manufactured home” shall also include a mobile home, which is defined as a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. For purposes of this chapter, and other ordinances, statutes or administrative regulations relating to floodplain management, the term also includes park trailers, travel trailers and other similar vehicles placed on a site for more than 180 consecutive days.
R. “Manufactured home park” means a parcel (or contiguous parcels) of land divided into two or more lots for sale or rent for the placement of manufactured homes.
S. “Market value” means the value a structure would bring on the open market upon reasonable exposure to sale, excluding the value of the land itself, as determined by the building official. In no event, however, shall such value be less than the assessed value for tax purposes as determined by the King County assessor.
T. “New construction” means structures for which the start of construction commenced on or after June 25, 1984, and includes any subsequent improvements to such structures.
U. “Person” includes any individual, or group of individuals, corporation, partnership, association, or other entity, including state and local governments and agencies.
V. “Recreational vehicle” means a vehicle:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.
W. “Start of construction” includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit issuance date. The “actual start of construction” 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, and includes the placement of a manufactured home upon a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; 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.
X. “Structure” means a walled and roofed building or manufactured home, including a gas or liquid storage tank, that is principally above ground.
Y. “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 50 percent of the market value of the structure before the damage occurred.
Z. 1. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 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 purposes of this definition, “substantial improvement” is deemed to occur when the first alteration affects the external dimensions of the structure.
2. The term does not include either:
a. 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 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 comparable state inventory of historic places.
AA. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited. (Ord. 1031 § 1, 2008; Ord. 976 § 1, 2005; Ord. 920 § 1, 2003; Ord. 890 § 2, 2001; Ord. 856 § 2, 2000; Ord. 621 § 1, 1989).
Article III. General Provisions
15.12.050 Lands to which chapter applies.
A. This chapter shall apply to all areas of special flood hazard within the corporate limits of the city.
B. The areas of special flood hazard identified by the Federal Insurance Administration in the most recently adopted flood insurance study for the city, together with the most recent accompanying flood maps as the same now exist or may be hereafter amended, supplemented or revised by the Federal Insurance Administration, are hereby adopted by reference and declared to be a part of this chapter. Copies of the flood insurance study and flood maps shall be maintained on file at City Hall and be available for public inspection during normal business hours. (Ord. 856 § 3, 2000; Ord. 621 § 1, 1989).
15.12.060 Compliance required – Penalties.
A. No structure or land shall hereafter be located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.
B. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established by the building official pursuant to the authority of this chapter) after notice of violation and order to comply issued by the building official shall constitute a civil infraction. Any person who violates the provisions of this chapter or fails to comply with any of its requirements shall be subject to a cumulative civil penalty of $500.00 per day from the date set for compliance in the order to comply until such violation is corrected, or
compliance with such order occurs. The penalty provided shall be collected by civil action in Issaquah District Court.
C. Nothing contained herein shall be construed to prevent the building official from taking such other lawful action as is necessary to prevent or remedy any violation, and all violations shall also be subject to abatement as a public nuisance pursuant to Chapter 8.16 SMC, including removal of unlawful structures, fill or flood barriers, at the owner’s expense.
D. In any action to collect a civil penalty, the defendant may show that the violation giving rise to such action was caused by the willful act or neglect of another, or that correction of such violation was commenced promptly upon receipt of notice thereof but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, or other circumstances or conditions beyond the defendant’s control, and upon such showing the court may abate all or part of the penalty accumulated as justice may require. (Ord. 856 § 4, 2000; Ord. 621 § 1, 1989).
15.12.070 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where the provisions of this chapter and any other ordinance, easement, covenant, or deed provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 621 § 1, 1989).
15.12.080 Interpretation.
A. This chapter shall be strictly interpreted to effectuate its purposes, and where doubt exists as to the meaning of any word or phrase herein, such word or phrase shall be construed in the most restrictive manner in favor of preservation of flood storage and conveyance consistent with the constitutional rights of the owners of property affected hereby, and further provided, the definitions and substantive provisions of Title 44 CFR, Subchapter B – Insurance and Hazard Mitigation may be consulted as an aid to interpretation of these regulations.
B. All provisions of this chapter shall be considered as minimum requirements, and shall be deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 890 § 2, 2001; Ord. 856 § 5, 2000; Ord. 621 § 1, 1989).
15.12.090 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is deemed reasonable for the regulatory purposes for which it is enacted, and this chapter is based upon scientific and engineering considerations. Larger floods than those contemplated by this chapter may occur from time to time, and flood heights may be increased by manmade or natural causes. Nothing contained herein shall be construed to assure or warrant that areas outside those identified as area of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create any liability on the part of the city of Snoqualmie, any officer or employee thereof, or the Federal Insurance Administration, for any damages that result from reliance on this chapter or any administrative decisions lawfully made hereunder. (Ord. 621 § 1, 1989).
Article IV. Administration
15.12.100 Building official to administer.
The building official of the city shall administer and implement the provisions of this chapter, and shall have the authority to grant or deny flood improvement permits in accordance with its provisions. (Ord. 621 § 1, 1989).
15.12.110 Development permit required.
A. Prohibition. No land within the areas of special flood hazard shall hereafter be subdivided, short platted or have its lot lines adjusted; nor be improved, filled, graded or cleared; nor shall any structure, including a manufactured home, be constructed, reconstructed, substantially improved, relocated or erected, nor shall any other development, as defined above, be commenced upon such land, unless the person responsible therefor shall first obtain a development permit for such action, to be known as a flood improvement permit.
B. Permit Application. Application for a development permit shall be made on forms as prescribed by the building official, and may include but not be limited to plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the area for which application is made, and existing or proposed structures, fill, storage of materials, drainage facilities and their locations. The following information and documents shall be required:
1. The name and address of the applicant;
2. The name and address of the legal owner;
3. The legal description of the property;
4. The nature of the proposed action;
5. A statement as to the proposed use of any structure;
6. A statement as to whether the proposed action is temporary or permanent;
7. The elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
8. The elevation in relation to mean sea level to which any structure has been floodproofed;
9. The certification of registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of this chapter;
10. A description of the extent to which a watercourse will be altered or relocated as a result of the proposed development; and
11. A topographic survey, prepared by a licensed surveyor or engineer, with sufficient scale and contour interval to adequately assess variation in the ground surface; provided, this requirement shall be waived if the proposed development does not include either excavation or fill, or if the development proposal is for an addition to, or elevation or remodel of, an existing residence containing not more than an additional 300 square feet.
C. Permits May Be Conditioned or Denied. All proposals shall be reviewed for, and may be denied or conditioned upon their effect upon their compliance with the requirements of this chapter, including but not limited to their effect upon storage and conveyance of floodwaters.
D. Permit Fees. The fees for processing flood improvement permit applications shall be as established by resolution of city council. (Ord. 856 § 6, 2000; Ord. 621 § 1, 1989).
15.12.120 Duties of the building official.
Duties of the building official shall include but not be limited to the following:
A. Permit Review. The building official shall review all applications for flood improvement permits, for compliance with the requirements of this chapter, determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required, determine if the proposed action will occur in the floodway, and if so, determine that all special provisions relating to actions in the floodway have been met, provided, it shall be the responsibility of the applicant to identify all federal, state or local agencies whose prior approval is required, and all risk of loss or damage for the failure to do so shall be borne solely by the applicant.
B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with SMC 15.12.050(B), the building official 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 the provisions of SMC 15.12.160, Specific Standards, and SMC 15.12.170, Floodways.
C. Maintenance of Information. The building official shall obtain, record and maintain for public inspection the following information:
1. The actual (as-built) 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; and
2. For all new or substantially improved floodproofed structures, verify and record the actual elevation in relation to mean sea level, and maintain the floodproofing certifications required by this chapter.
D. Alteration of Watercourses. With respect to any alteration or relocation of a watercourse, the building official shall:
1. Notify adjacent communities and the Washington State Department of Ecology thereof, and submit evidence of such notification to the Federal Insurance Administration; and
2. Require that maintenance is provided within the altered or relocated portion of the
watercourse so that the flood carrying capacity is not diminished.
E. Interpretation of FIRM Boundaries. The building official 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 area and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted when consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76) as the same now exist or may hereafter be amended.
F. 1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the building official or his designee has reasonable cause to believe that there exists in any building or upon any lands any condition or violation of this chapter, the building official or his designee may enter such building or lands at all reasonable times to inspect the same or to perform any duty imposed on the building official by this chapter, provided, that if such building or lands be occupied, he shall first identify himself and request entry; and if such building or lands is unoccupied, he shall first make a reasonable effort to locate the owner or person having control of the building or lands and request entry. If such entry is refused, the building official or his designee shall have recourse to every remedy provided by law to secure entry.
2. No owner or occupant or any other person having charge, care or control of any building or lands shall fail or neglect, after proper request, to promptly permit entry by the building official for the purposes authorized above. (Ord. 625 § 1, 1989; Ord. 621 § 1, 1989).
15.12.130 Variances.
A. The city council of the city shall hear and decide requests for variances from the requirements of this chapter.
B. In passing upon such applications, the city council shall consider all technical evaluations, relevant factors, standards specified in other sections of this chapter, and the following:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, if applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocities, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
11. 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.
C. Upon consideration of the factors specified in the foregoing paragraph, the city council may approve, approve with conditions such as it deems necessary to further the purposes of this chapter, or deny the request.
D. The director of planning and parks shall maintain records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 856 § 7, 2000; Ord. 621 § 1, 1989).
15.12.140 Conditions for variances.
A. Variances from the strict application of this chapter may be granted only upon full consideration of the matters set forth in SMC 15.12.130(D). No variances may be granted from the requirements of SMC 15.12.160(A) or SMC 15.12.170(B).
B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a comparable state inventory of historic places, without regard for the procedures set forth in this section.
C. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. Variance requests shall be denied unless the city council finds on the basis of clear and convincing evidence that:
1. A showing of good and sufficient cause has been made;
2. Failure to grant the variance would result in exceptional hardship to the applicant; and
3. Granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense or nuisance, or conflict with any other existing local laws or ordinances.
F. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all variance criteria except subsection (A) of this section, and otherwise complies with the provisions regarding anchoring and construction materials and methods below.
G. Any applicant to whom a variance is granted shall be given a 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 therefrom. All risk of damage or loss not covered by flood insurance occurring as a result of such variance permitting a reduction in the required elevation for the lowest floor shall be borne solely by the applicant. (Ord. 856 § 8, 2000; Ord. 621 § 1, 1989).
Article V. Flood Hazard Reduction
15.12.150 General standards.
A. Finished Grade After Construction.
1. After construction or other development, but prior to final building inspection, certificate of occupancy or other final approval, the applicant shall obtain and furnish to the city a topographic survey, prepared by a licensed surveyor or engineer, with sufficient scale and contour to interval to adequately assess variation in ground surface and determine the average grade after construction or development, unless the requirement for a topographic survey was waived at the time of application.
2. The average finished grade of all lots, tracts or parcels after construction of a building or other development, excluding the area occupied by the above-grade building or other development, shall be no greater than the average grade of the lot prior to construction or development. After construction or other development but prior to final building inspection, the applicant shall furnish, together with the topographic survey, the written certification of the licensed surveyor or engineer preparing the topographic survey that the finished grade meets the requirement of this subsection. No building or other development shall be occupied or used if the requirements of this section are not met.
3. Any earth material that must be removed from a site in order to comply with the requirements of this chapter shall be transported to an approved disposal site at the applicant’s or property owner’s sole expense, and evidence of such disposal shall be furnished to the building official.
B. Anchoring.
1. All new construction and substantial improvements shall be anchored so as to prevent flotation, collapse or lateral movement of the structure, pursuant to a design prepared by a registered professional engineer or architect licensed by the state of Washington.
2. All manufactured homes shall be anchored to prevent flotation, collapse or lateral movement, pursuant to a design prepared by a registered professional engineer or architect, and shall be installed using methods and practices that minimize the flood damage.
3. An alternative method of anchoring may involve a system designed to withstand a wind force of 80 miles per hour or greater. Certification must be provided to the building official that this standard has been met.
C. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
D. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
2. 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.
3. On-site waste disposal systems, if otherwise permitted, shall be located to avoid impairment to them or contamination from them during flooding.
E. Subdivision, Short Subdivision, Binding Site Improvement Plan and Commercial and Multifamily Site Plan Approval Proposals Within Areas of Special Flood Hazard.
1. All subdivision, short subdivision, binding site improvement plan and commercial and multifamily site plan proposals within areas of special flood hazard shall be subject to the provisions of this subsection.
2. All proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
3. All proposals shall have adequate drainage provided to reduce exposure to flood damage.
4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision and short subdivision proposals and other proposed developments which contain the lesser of 50 lots or five acres at the applicant’s sole expense.
5. All proposals shall be reviewed for, and may be denied or conditioned upon, their effect upon storage and conveyance of floodwaters. The design of all projects shall be reviewed specifically (without limitation of review for compliance with all other requirements) to ensure compliance with the requirements of SMC 15.12.160(E) and to eliminate potential flood barriers to the maximum degree possible.
6. No subdivision proposal shall be approved until the application has been submitted to the Department of Ecology and the planning official has either received the comments of the Department of Ecology or confirmed in writing that the Department of Ecology does not intend to submit comments.
F. Review of Building Permits. Where elevation data is not available either through the flood insurance study or from another authoritative source, 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 may include the use of historical data, high water marks, photographs of past flooding, and similar information as may be available. In such cases, elevation shall be required to at least two feet above grade. (Ord. 856 § 9, 2000; Ord. 621 § 1, 1989).
15.12.160 Specific standards.
A. Residential Construction.
1. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation. The following elevation requirements for the first floor of additions to existing residential structures shall apply:
a. A vertical addition not increasing the footprint of the residential structure shall require elevation of the structure only if it constitutes a substantial improvement.
b. A lateral addition to a residential structure which constitutes a substantial improvement shall require elevation of the structure, regardless of when construction of the structure commenced.
c. A lateral addition to a residential structure which does not constitute a substantial improvement shall require elevation of the addition to the base flood elevation in effect at the time the residential structure was built if the start of construction of the structure occurred on or after June 25, 1984.
d. A lateral addition to a residential structure which does not constitute a substantial improvement shall not require elevation of the addition if the start of construction of the structure occurred prior to June 25, 1984.
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, unless they are designed to automatically equalize hydrostatic pressure on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by a registered professional engineer or architect or must meet the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with break-away type screens, louvers or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
B. Nonresidential Construction.
1. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below one foot 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 the provisions of this subsection based on their development and/or review of the structural design, specifications and plans, and such certification is provided to the building official.
2. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as provided for residential structures.
3. Applicants for floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level; for example, a building floodproofed to one foot above the base flood level will be rated as at the base flood level.
C. Manufactured Homes.
1. All manufactured homes to be placed or substantially improved within the area of special flood hazard shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation, and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
2. For purposes of this section, “substantial damage” of a manufactured home shall mean any damage the cost of which to repair or reconstruct exceeds 50 percent of the market value of the manufactured home before the repair or reconstruction is started.
D. Recreational Vehicles. Recreational vehicles placed on site within zones A1 – 30, AH and AE on the FIRM shall either:
1. Be on site fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use, be on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanent attached additions; or
3. Meet the requirements of the elevation and anchoring requirements for manufactured homes.
E. Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside of the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three feet or more above the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible.
F. Fill.
1. Subject to the provisions of subsection (F)(2) of this section, no fill shall be permitted except where provision has been made on the subject property to balance the capacity to store floodwaters and accommodate potential surface flow in an amount equal to the amount of floodwater likely to be displaced by the fill; provided, provision may be made to balance the capacity to store floodwaters off the subject property, when it can be demonstrated that the property upon which the balancing capacity is being created is located such that no increase in the base flood discharge will result. Care shall be taken to prevent erosion and surface runoff to adjacent properties. All fill shall be compacted at the time of placement.
2. Any person may place not more than five yards of material used solely for landscape maintenance or gardening at a residence or business in any one calendar year; provided, written notification shall be given to the building official within five business days after the placement of such fill. Such right shall not be assignable, nor shall it carry over from year to year or otherwise be cumulative.
G. Clearing and Grading. Clearing and grading shall be approved only when the application provides:
1. A plan and profile of the site to be cleared;
2. Identification of the flora to be removed;
3. A reclamation plan to prevent erosion; and
4. A drainage plan in accordance with Chapter 12.16 SMC, where a street project is proposed.
H. Bank Improvements. Where proposed development or improvements include modification or work along the banks of the Snoqualmie River or Kimball Creek, application shall first be made to the State Department of Fisheries and Game for a State Hydraulics Permit. Application for the permit required by this chapter shall not be made until after the state permit is approved, and a certified copy has been provided to the city.
I. Hazardous Materials.
1. The placement, transfer or storage of chemicals, petroleum products or by-products, fertilizers, insecticides, pesticides, lime, cement or other material that, when inundated, will constitute a hazard to life, health and safety, or adversely affect the quality of surface waters, in quantities greater than those declared to be exempt pursuant to the Uniform Building Code is prohibited within areas of special flood hazard.
2. Where a clearing and grading permit is sought in connection with any development for which a shorelines substantial development permit is required, the application shall be reviewed by the city shorelines administrator prior to issuance of a clearing and grading permit. (Ord. 1015 § 1, 2007; Ord. 890 § 3, 2001; Ord. 856 § 10, 2000; Ord. 776 § 1, 1996; Ord. 643 § 1, 1990; Ord. 621 § 1, 1989).
15.12.170 Floodways.
Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply in all areas designated as floodways on the FIRM:
A. Encroachments Prohibited. No encroachment, including fill, new construction, substantial improvement or other development shall be permitted within the floodway 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.
B. Residential Construction Prohibited. No new construction or reconstruction of residential structures shall be permitted within the floodway, except for the following:
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 50 percent of the market value either:
a. Before the repair, reconstruction or improvement is commenced, 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 are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50-percent limitation.
C. If the requirements of subsection (A) of this section are met, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction standards of this chapter. (Ord. 890 § 4, 2001; Ord. 856 § 11, 2000; Ord. 621 § 1, 1989).
15.12.180 Register of excavation credits.
Repealed by Ord. 975. (Ord. 856 § 12, 2000; Ord. 643 § 2, 1990).
15.12.190 Appeals.
A. Any applicant, resident or taxpayer may appeal from any requirements, decision or determination of the building official when it is alleged that there is an error in the administration of this chapter. All such appeals shall be made by written notice of appeal, filed with the city clerk, which notice shall identify the requirement, decision or determination alleged to be erroneous, and shall state the factual and legal grounds relied upon. Such appeal shall be heard and determined by the city council within 60 days of the date of filing of the notice of appeal, and all decisions shall be in writing supported by findings of fact.
B. Any applicant, resident or taxpayer of the city aggrieved by a decision of the city council made pursuant to this chapter, may appeal such decision to the King County superior court within 30 days of the date such decision was rendered. (Ord. 856 § 13, 2000).