Title 17
ENVIRONMENT

Chapters:

17.04 State Environmental Policy Act (SEPA)

17.08 Flood Damage Prevention

Chapter 17.04
STATE ENVIRONMENTAL
POLICY ACT (SEPA)

Sections:

17.04.010 Authority.

17.04.020 Adopted by reference.

17.04.030 Additional definitions.

17.04.040 Designation of responsible official.

17.04.050 Lead agency determination and responsibilities.

17.04.060 Categorical exemptions and threshold determination – Adoption by reference.

17.04.070 Categorical exemptions and threshold determination – Time estimates.

17.04.080 Categorical exemptions – Adoption by reference.

17.04.100 Categorical exemptions – Determination.

17.04.110 Determination – Review at conceptual stage.

17.04.120 Threshold determinations – Environmental checklist.

17.04.130 Threshold determinations – Mitigated DNS.

17.04.140 Environmental impact statement (EIS) – Adoption by reference.

17.04.150 Preparation.

17.04.160 Commenting – Adoption by reference.

17.04.170 Public notice.

17.04.180 Designation of official to perform consulted agency responsibilities.

17.04.190 Using existing environmental documents – Adoption by reference.

17.04.200 SEPA decisions –Adoption by reference.

17.04.210 SEPA decisions – Nonexempt proposals.

17.04.220 SEPA decisions – Substantive authority.

17.04.230 SEPA – Policies.

17.04.240 Appeals.

17.04.250 Definitions – Adoption by reference.

17.04.270 Compliance with SEPA – Adoption by reference.

17.04.280 Environmentally sensitive areas.

17.04.290 Fees.

17.04.300 Forms – Adoption by reference.

17.04.010 Authority.

The city of Sultan adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. The city’s substantive policies for the enforcement of SEPA are contained in SMC 17.04.230. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (Ord. 714-00)

17.04.020 Adopted by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-040 Definitions

197-11-050 Lead agency

197-11-055 Timing of the SEPA process

197-11-060 Content of environmental review

197-11-070 Limitations on actions during SEPA process

197-11-080 Incomplete or unavailable information

197-11-090 Supporting documents

197-11-100 Information required of applicants

(Ord. 714-00)

17.04.030 Additional definitions.

In addition to the definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise:

A. “Department” means any division or organizational unit of the city established by ordinance, rule, or order.

B. “SEPA Rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

C. “Hearing examiner” means a person who shall not be an employee, elected official, or appointed official of the city. The hearing examiner shall be an advisor to the council. (Ord. 714-00)

17.04.040 Designation of responsible official.

A. For all proposals for which the city is lead agency, the responsible official shall be the planning director or such other person as designated in writing by the mayor.

B. For all proposals for which the city is lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Rules that have been adopted by reference. (Ord. 714-00)

17.04.050 Lead agency determination and responsibilities.

A. The responsible official or the city department initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and WAC 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

B. When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless the city determines a supplemental environmental review is necessary under WAC 197-11-600.

C. If the responsible official, or any of the departments of the city receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, the city may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the responsible official or the initiating department upon approval of the mayor or the city administrator.

D. The responsible official, with the approval of the mayor or the city administrator, is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11-944.

E. The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction.

17.04.060 Categorical exemptions and threshold determination – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended by reference as supplemental in this chapter:

WAC

197-11-300 Purpose of this part

197-11-305 Categorical exemptions

197-11-310 Threshold determination required

197-11-315 Environmental checklist

197-11-330 Threshold determination process

197-11-335 Additional information

197-11-340 Determination of nonsignificance (DNS)

197-11-350 Mitigated DNS

197-11-360 Determination of significance (DS)/initiation of scoping

197-11-390 Effect of threshold determination

(Ord. 714-00)

17.04.070 Categorical exemptions and threshold determination – Time estimates.

The time estimates contained in this section apply when the city processes applications for private development and governmental proposals submitted to the city by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed to be mandatory. For the purpose of this section the word “day” shall mean a day upon which the city’s administrative offices are open for business.

A. Categorical Exemptions. The city will identify whether an action is categorically exempt within 10 days of receiving a completed application.

B. Threshold Determinations.

1. The city will complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant’s completed application and checklist are submitted.

2. When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction:

a. The city will request such information within 15 days of receiving the application and environmental checklist.

b. The city will wait no longer than 15 days for a consulted agency to respond.

c. The applicant shall have 180 days to submit additional information requested before the permit application expires.

d. The responsible official will complete the threshold determination within 15 days of receiving the requested information from the applicant or the consulted agency.

3. When the city must initiate further studies, including field investigations, to obtain the information required to make the threshold determination, the city will complete the studies within 30 days of receiving the development application and environmental checklist.

4. The city will complete a threshold determination on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, within 15 days of receiving the complete application and environmental checklist.

5. The threshold determination may be extended to 15 days after receipt of the changed or clarified proposal, environmental checklist and/or permit application. (Ord. 714-00)

17.04.080 Categorical exemptions – Adoption by reference.

A. The city establishes and adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemental in this chapter:

WAC

197-11-800 Categorical exemptions

197-11-880 Emergencies

197-11-890 Petitioning DOE to change exemptions

The city establishes the exempt level of WAC 197-11-800 item (i)(b)(v): up to 350 cubic yards for any landfill or excavation throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II or III forest practice RCW 76.09.050 or regulations thereunder.

B. Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800 (1)(c). (Ord. 714-00)

17.04.100 Categorical exemptions – Determination.

A. When the city receives an application for a development permit or, in the case of governmental proposals a department initiates a proposal, the responsible official shall determine whether the permit and/or the proposal is exempt. The determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal.

B. In determining whether or not a proposal is exempt the responsible official shall make certain the proposal is properly defined and shall identify the permit required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the permit application is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions except that:

1. The city shall not give authorization for:

a. Any nonexempt action;

b. Any action that would have an adverse environmental impact; or

c. Any action that would compel authorization of the nonexemption or otherwise interfere with the ability to consider such other nonexempt action on its own merits.

2. The city may withhold approval of any permit, application, or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no material purpose.

3. The city may withhold approval of any permit, application, or proposal, the basis of which is an exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no material purpose. (Ord. 714-00)

17.04.110 Determination – Review at conceptual stage.

A. If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specification, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specification.

B. In addition to the environmental documents an applicant shall submit the following information for early environmental review:

1. A copy of any permit or license application;

2. Other pertinent information as the responsible official may determine. (Ord. 714-00)

17.04.120 Threshold determinations – Environmental checklist.

A. A completed environmental checklist shall be filed at the same time as an application for a permit not exempted by this chapter. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).

B. A checklist is not needed if the city and the applicant agree an EIS is required or SEPA compliance has already been completed.

C. For private proposals, the applicant is required to complete the environmental checklist. The city may, but shall not be required to provide assistance as necessary. For city proposals, the department initiating the proposal shall complete or cause to be completed the environmental checklist for that proposal.

D. The city may complete all or part of the environmental checklist for a private proposal, if any of the following occurs:

1. The city has technical information on a question or questions in the environmental checklist that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on a proposal currently under consideration.

E. The applicant shall pay to the city the actual costs of providing information under subsection D(2) of this section. (Ord. 714-00)

17.04.130 Threshold determinations – Mitigated DNS.

A. The responsible official may issue a determination of nonsignificance (DNS) based on conditions relating to the proposal initiated by either the applicant, the responsible official, or on changes to or clarifications of the proposal made by the applicant.

B. An applicant may request in writing notice of whether a DS is likely. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2. Precede the city’s actual threshold determination for the proposal.

C. The responsible official’s response to the request for notice shall:

1. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern leading to the consideration of a DS; and

2. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarification.

D. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on the changed or clarified proposal.

1. If the city requires specific mitigation measures in its response to the request for early notice, and the applicant changes or clarifies the proposal to include those specific mitigation measures, the city shall issue a determination of nonsignificance if the city also determines that no additional information or mitigation measures are required.

2. If the city indicates areas of concern, but does not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination and issue a DNS or DS as appropriate.

3. The applicants proposed mitigation measures, clarifications, changes, or conditions must be in writing and must be specific.

4. Mitigation measures that justify issuance of a mitigated DNS maybe incorporated in the DNS by reference to agency staff reports, studies, or other documents.

E. The city shall not act upon a proposal for which a mitigated DNS has been issued until 15 days after the date of issuance.

F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit and may be enforced in the same manner as any other term or condition. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any permit issued.

G. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.

H. The city’s written response under subsection C of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 714-00)

17.04.140 Environmental impact statement (EIS) – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter:

WAC

197-11-400 Purpose of EIS

197-11-402 General requirements

197-11-405 EIS types

197-11-406 EIS timing

197-11-408 Scoping

197-11-410 Expanded scoping

197-11-420 EIS preparation

197-11-425 Style and size

197-11-430 Format

197-11-435 Cover letter or memo

197-11-440 EIS contents

197-11-442 Contents of EIS on nonproject proposals

197-11-443 EIS contents when prior nonproject EIS

197-11-444 Elements of the environment

197-11-448 Relationship of EIS to other consideration

197-11-450 Cost-benefit analysis

197-11-455 Issuance of DEIS

197-11-460 Issuance of HIS

(Ord. 714-00)

17.04.150 Preparation.

A. Preparation of draft and final EISs and SEISs shall be under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The draft and final EIS or SEIS shall be prepared by a consultant approved by the city. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.

C. The city may require an applicant to provide additional information which the city does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100, or other provisions or regulation, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance. (Ord. 714-00)

17.04.160 Commenting – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter:

WAC

197-11-500 Purpose of this part

197-11-502 Inviting comment

197-11-504 Availability and cost of environmental documents

197-11-508 SEPA register

197-11-535 Public hearings and meetings

197-11-545 Effect of no comment

197-11-550 Specificity of comments

197-11-560 FEIS response to comments

197-11-570 Consulted agency costs to assist lead agency

(Ord. 714-00)

17.04.170 Public notice.

Whenever the city issues a threshold determination, or EIS requiring public notice, the city shall give public notice of the determination or the availability of the environmental documents, and whether any public hearing will be held as follows:

A. Threshold Determination Notice. Public notice will be given on the following situations:

1. DNS involving another agency with jurisdiction;

2. DNS involving demolition of any structure or facility not exempted by 197-11-800(2)(f) or 197-11-880;

3. DNS involving issuance of clearing or grading permits not exempted under WAC Part Nine – Categorical Exemptions;

4. DNS under WAC 197-11-350(2), Early Notice;

5. DNS under WAC 197-11-350(3), Mitigated DNS;

6. DNS under WAC 197-11-360(4), Change from DS to DNS;

7. DS for scoping purposes;

8. Availability of a DEIS.

B. Type of Notice. Under subsection A of this section, notice will be given as follows:

1. Posting in accordance with Chapter 16.124 SMC; and

2. Publication in the SEPA register; and

3. Other methods as deemed necessary and appropriate by the responsible official or required by city ordinance.

C. Public Hearing. Whenever a public hearing is held, notice shall be given. Such notice shall precede the hearing by at least 10 calendar days.

D. Type of Notice. Under subsection C of this section, notice will be given as follows:

1. Posting of or near the property for site specific proposals;

2. Mailing to property owners within a 300 foot radius of the proposed site;

3. Posting in accordance with Chapter 16.124 SMC; and

4. Other methods as deemed necessary and appropriate by the responsible official; provided that a public hearing on a nonproject proposal must be preceded by written, published notice in accordance with WAC 197-11-502(6)(b). (Ord. 714-00)

17.04.180 Designation of official to perform consulted agency responsibilities.

A. The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing of a draft EIS.

B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely manner and include data from all appropriate departments of the city. (Ord. 714-00)

17.04.190 Using existing environmental documents – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-600 When to use existing environmental documents

197-11-610 Use of NEPA documents

197-11-620 Supplemental environmental impact statements

197-11-625 Addenda – Procedures

197-11-630 Adoption – Procedures

197-11-635 Incorporation by reference – Procedures

197-11-640 Combining documents

(Ord. 714-00)

17.04.200 SEPA decisions –Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-650 Purpose of this part

197-11-655 Implementation

197-11-660 Substantive authority and mitigation

197-11-680 Appeals

197-11-700 Definitions

(Ord. 714-00)

17.04.210 SEPA decisions – Nonexempt proposals.

For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city staff’s recommendation to the hearing examiner and/or the city council. (Ord. 714-00)

17.04.220 SEPA decisions – Substantive authority.

A. The city may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter;

2. Such conditions are in writing;

3. Such conditions are reasonable and capable of being accomplished;

4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in SMC Title 16, Unified Development Code, and cited in the permit or other decision document.

B. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS, or supplemental EIS;

2. A finding is made that there are no reasonable mitigation measures sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in the city of Sultan comprehensive plan and identified in writing in the decision document refer to SMC 17.04.230. (Ord. 714-00)

17.04.230 SEPA – Policies.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B. The city adopts by reference the policies in the following city codes, ordinances, resolutions, and plans, as now existing or hereinafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals.

1. Chapter 43.21C RCW, State Environmental Policy Act;

2. Six-Year Transportation Improvement Program;

3. Sultan Unified Development Code, SMC Title 16;

4. Sultan comprehensive plan;

5. Utility development plans. (Ord. 714-00)

17.04.240 Appeals.

A. Any interested person may appeal a threshold determination, adequacy of a final EIS and the conditions or denials of a requested action made by a nonelected city official pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed. The review process shall provide for no more than one consolidated open record hearing an one closed record hearing appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing.

B. All appeals filed pursuant to this section must be filed in writing with the city planning director within 14 calendar days of the date of the decision appealed from.

C. On receipt of a timely written notice of appeal, the planning director shall advise the hearing examiner of the pendency of the appeal and request that a date for considering the appeal be established. The decision of the hearing examiner shall be final and shall not be appealable to the city council.

D. Appeals shall be governed by the procedures specified in the Sultan Municipal Code and the Unified Development Code.

E. All relevant evidence shall be received during the hearing of the appeal. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.

F. For any appeal under this section, the city shall provide a record that shall consist of the following:

1. The original application with SEPA documents;

2. Findings and conclusions with approval conditions if any;

3. Testimony under oath; and

4. Written transcript or minutes from the original hearing.

G. The city may require the applicant to provide an electronic transcript.

H. The city shall give official notice whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 714-00)

17.04.250 Definitions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter:

WAC

197-11-700 Definitions

197-11-702 Act

197-11-704 Action

197-11-706 Addendum

197-11-708 Adoption

197-11-710 Affected tribe

197-11-712 Affecting

197-11-714 Agency

197-11-716 Applicant

197-11-718 Built environment

197-11-720 Categorical exemption

197-11-722 Consolidated appeal

197-11-724 Consulted agency

197-11-726 Cost-benefit analysis

197-11-728 County/city

197-11-730 Decision maker

197-11-732 Department

197-11-734 Determination of nonsignificance (DNS)

197-11-736 Determination of significance (DS)

197-11-738 EIS

197-11-740 Environment

197-11-742 Environmental checklist

197-11-744 Environmental document

197-11-746 Environmental review

197-11-748 Environmentally sensitive area

197-11-750 Expanded scoping

197-11-752 Impacts

197-11-754 Incorporation by reference

197-11-756 Lands covered by water

197-11-758 Lead agency

197-11-760 License

197-11-762 Local agency

197-11-764 Major action

197-11-766 Mitigated DNS

197-11-768 Mitigation

197-11-770 Natural environment

197-11-772 NEPA

197-11-774 Nonproject

197-11-776 Phased review

197-11-778 Preparation

197-11-780 Private project

197-11-782 Probable

197-11-784 Proposal

197-11-786 Reasonable alternative

197-11-788 Responsible official

197-11-790 SEPA

197-11-792 Scope

197-11-793 Scoping

197-11-794 Significant

197-11-796 State agency

197-11-797 Threshold determination

197-11-799 Underlying governmental action

(Ord. 714-00)

17.04.270 Compliance with SEPA – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter:

WAC

197-11-900 Purpose of this part

197-11-902 Agency SEPA policies

197-11-916 Application to ongoing actions

197-11-920 Agencies with environmental expertise

197-11-922 Lead agency rules

197-11-924 Determining the lead agency

197-11-926 Lead agency for governmental proposals

197-11-928 Lead agency for public and private proposals

197-11-930 Lead agency for private projects with one agency with jurisdiction

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies

197-11-936 Lead agency for private projects requiring licenses from more than one state agency

197-11-938 Lead agencies for specific proposals

197-11-940 Transfer of lead agency status to a state agency

197-11-942 Agreements on lead agency status

197-11-944 Agreements on division of lead agency duties

197-11-946 DOE resolution of lead agency disputes

197-11-948 Assumption of lead agency status

(Ord. 714-00)

17.04.280 Environmentally sensitive areas.

A. The environmental sensitive areas map as adopted in the Sultan comprehensive plan designating the location of environmentally sensitive areas within the city is adopted by reference. For each environmentally sensitive area, no exemption shall be applicable for that area (WAC 197-11-800).

B. The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The city shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.

C. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 714-00)

17.04.290 Fees.

The city shall require the following fees for its activities in accordance with the provisions of this chapter:

A. Threshold Determination. For every environmental checklist the city reviews as lead agency, the city shall collect a fee set by city ordinance and listed in the Sultan fee schedule, from the applicant of the proposal prior to undertaking the threshold determination. This fee may be waived as provided herein. The time periods provided by this chapter from making a threshold determination shall not begin to run until the fee has been paid or waived in writing by the responsible official. When the city assists the applicant or completes the environmental checklist at the applicant’s request, an additional fee equal to the estimated actual cost of providing the assistance shall be collected.

B. Environmental Impact Statement.

1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation.

2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by any person or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by the city.

3. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city’s cost exceeds the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid.

C. The city may collect a reasonable fee from an applicant to cover the cost of meeting any public notice requirements of this chapter relating to the applicant’s proposal.

D. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW and established by city ordinance. (Ord. 714-00)

17.04.300 Forms – Adoption by reference.

The city adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-960 Environmental checklist

197-11-965 Adoption notice

197-11-970 Determination of nonsignificance (DNS)

197-11-980 Determination of significance and scoping notice (DS)

197-11-985 Notice of assumption of lead agency status

197-11-990 Notice of action

(Ord. 714-00)

Chapter 17.08
FLOOD DAMAGE PREVENTION

Sections:

17.08.010 Statutory authorization.

17.08.020 Findings of fact.

17.08.030 Statement of purpose.

17.08.040 Objectives.

17.08.050 Definitions.

17.08.060 General provisions.

17.08.070 Administration.

17.08.080 Duties and responsibilities of the building and zoning official.

17.08.090 Variance procedures.

17.08.100 Conditions for variances.

17.08.110 Provisions for flood hazard reduction.

17.08.120 Standards for subdivision proposals.

17.08.130 Recreational vehicles.

17.08.140 Critical facility.

17.08.010 Statutory authorization.

The Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city of Sultan does ordain as set forth in this chapter. (Ord. 808-03)

17.08.020 Findings of fact.

A. The flood hazard areas of the city of Sultan are subject to periodic inundation that 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 effect of obstructions in floodplains resulting in increases in flood heights and velocities, and by the occupancy in flood hazard lands of structures that are inadequately elevated, floodproofed, or otherwise unprotected from flood damage. (Ord. 808-03)

17.08.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Restrict or prohibit uses that 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. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of flood waters;

D. Control filling, grading, dredging and other development that may increase erosion or flood damage; and

E. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Ord. 808-03)

17.08.040 Objectives.

The objectives of this chapter are:

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 help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize the number of blighted areas that could be created by floods;

F. To ensure that potential homebuyers are notified that property is in a flood area; and

G. To prevent the loss of federal assistance to the city of Sultan due to a violation of federal flood control requirements. (Ord. 808-03)

17.08.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A. “Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

B. “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.

C. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designation on maps always includes the letters A or V.

D. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

E. “Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

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, installations which produce, use or store hazardous materials or hazardous waste.

G. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, the storage of equipment and materials, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

H. “Elevated building” means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

I. “Existing manufactured home park or subdivision” means a manufactured home park 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) is completed before the effective date of the adopted floodplain management regulations.

J. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

K. “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.

L. “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.

M. “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.

N. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

O. “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, SMC 17.08.110(B)(3).

P. “Manufactured home” means 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 attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

Q. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

R. “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

S. “New manufactured home park or subdivision” means 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) is completed on or after the effective date of adopted floodplain management regulations.

T. “Recreational vehicle” means a vehicle which is:

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 temporary living quarters for recreational, camping, travel, or seasonal use.

U. “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 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, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

V. “Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground.

W. “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, or 10 percent of the market value when a natural disaster has been declared in Snohomish County.

X. “Substantial improvement” means:

1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

2. The term does not, however, 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 which are the minimum necessary to assure safe living conditions; or

b. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

Y. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Z. “Water dependent” means 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. (Ord. 808-03)

17.08.060 General provisions.

A. Lands to Which These Performance Standards Apply. These performance standards shall apply to all areas of special flood hazards within the jurisdiction of the city of Sultan.

B. Basis for Establishing the Areas of Special Flood Hazard. The area of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study for Snohomish County, Washington and Incorporated Areas,” dated November 8, 1999, and any revisions thereto, with accompanying flood insurance rate map (FIRM) are adopted by reference and declared to be a part of these performance standards.

C. Establishment of Permit. A permit shall be required in conformance with the provisions of these standards prior to the commencement of any development activities.

D. Compliance. No structure or land shall hereafter be located, extended, constructed or structurally altered without full compliance with the terms of these standards and other applicable laws.

E. Abrogation and Greater Restrictions. These performance standards are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these standards and any other conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

F. Interpretation. In the interpretation and application of these standards, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally constructed in favor of the governing body; and

3. Deemed neither to limit nor repeal any other powers granted under state of Washington or federal laws.

G. Warning and Disclaimer of Liability. The degree of flood protection required by these performance standards is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. These standards do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. These standards shall not create liability on the part of the city of Sultan or by any officer or employee thereof for any flood damages that result from reliance on these standards or any administrative decision lawfully made thereunder. (Ord. 808-03)

17.08.070 Administration.

A. Designation of the Building and Zoning Official. The building and zoning official is hereby designated to administer and implement the provisions of these performance standards.

B. Permit Procedure. Application for a permit shall be made to the building and zoning official prior to any development activities, and shall include, but not be necessarily limited to plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing facilities; the location of the proposed development activity; proposed cuts and filling of any land area; existing and/or proposed storage of materials; existing and/or proposed stormwater drainage facilities; and the locations of all of the foregoing. Specifically, the following information is required:

1. Application Stage.

a. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;

b. Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;

c. Certificate from a registered professional engineer or architect registered in the state of Washington that the nonresidential floodproofed structure will meet the floodproofing criteria contained in these performance standards; and

d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

2. Construction Stage. Provide a floor elevation or floodproofing certification after the lowest floor is completed. Upon placement of the lowest floor, or floodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the building and zoning official’s office a certification of the elevation of the lowest portion of the horizontal structural members of the lowest floor, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.

3. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder’s risk. The building and zoning official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. (Ord. 808-03)

17.08.080 Duties and responsibilities of the building and zoning official.

The duties of the building and zoning official shall include, but not be limited to:

A. Permit Review.

1. Review all permits to assure that the permit requirements of these standards have been satisfied.

2. Advise the permittee that additional federal, state of Washington, or Snohomish County permits may be required, and if these specific permit requirements are known, require that copies of such permits be provided and maintained on file with the permit.

3. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

a. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

4. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

5. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.

6. When floodproofing is utilized for a particular structure, the building and zoning official shall obtain certification from a professional engineer or architect registered in the state of Washington.

7. Where interpretation is needed to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be conflict between a mapped boundary and actual field conditions), the building and zoning official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.

8. When base flood elevation data is not available either through the flood insurance study, FIRM, 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 includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.

9. All records pertaining to the provisions of these performance standards shall be maintained in the office of the building and zoning official and shall be open for public inspection. (Ord. 808-03)

17.08.090 Variance procedures.

A. Variances may be issued for new construction and substantial improvements to be erected on a lot one-half acre or less in size if it is contiguous to and surrounded by lots with existing structures constructed below the base flood level; provided, that all items contained in subsections (C)(1) through (9) of this section have been fully considered.

B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places without regard to the procedures set forth in the remainder of this section, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.

C. In passing upon such applications, all technical evaluations, all relevant factors, and all standards specified in other sections of these performance standards shall be considered, as well as:

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 availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

6. The relationship of the proposed use to the comprehensive plan to that area;

7. The safety of access to the property in times of flood for ordinary and emergency vehicles;

8. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

9. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, electrical, water systems, streets, and bridges.

D. Upon consideration of, but not limited to, the factors listed above, conditions may be attached to the granting of variances as is deemed necessary to further the purposes of these standards.

E. Variances shall not be issued within any designated floodway, if any increase in flood levels during the base flood discharge would result. (Ord. 808-03)

17.08.100 Conditions for variances.

A. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. In the case of an historic building, a determination must be made that the variance is the minimum necessary so as not to destroy the historic character, design, and designation of the building.

B. Variances shall only be issued upon:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would result in exceptional hardship; and

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing laws.

C. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

D. The office of the building and zoning official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. 808-03)

17.08.110 Provisions for flood hazard reduction.

A. General Standards. In all areas of special flood hazard the following provisions are required:

1. New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured homes shall meet the anchoring standards of subsection (B)(4)(b)(ii) of this section.

3. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

4. New construction or substantial improvements shall be erected by methods and practices that minimize flood damage.

5. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

6. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into them and discharges from them into flood waters.

8. On-site waste disposal systems (septic tanks) shall be located and constructed to avoid impairment to them or contamination from them during flooding.

9. Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this section, shall meet the requirements of “new construction” as contained in this section.

B. Specific Standards. In all areas of special flood hazard where base flood elevation data have been provided, the following provisions are required:

1. Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than 1.6 feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided per subsection (B)(3) of this section.

2. Nonresidential Construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall either have the lowest floor, including basement, elevated 1.6 feet or more above the base flood elevation, together with attendant utility and sanitary facilities, or shall:

a. Be floodproofed to a point 1.6 feet or more above the base flood elevation so that 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;

c. Be certified by a professional engineer or architect registered in the state of Washington, that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in SMC 17.08.070;

d. Nonresidential structures that are elevated, not floodproofed, must meet the same standard for space below the lowest floor as described in subsection (B)(3) of this section.

e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below).

3. Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

a. Designs for complying with this requirement must either be certified by a professional engineer or architect registered in the state of Washington or meet the following minimum criteria:

i. Provide 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;

ii. The bottom of all openings shall be no higher than one foot above grade; and

iii. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

b. Electrical, plumbing, and other utility connections are prohibited below the base flood elevation;

c. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and

d. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

4. Manufactured Homes.

a. All manufactured homes to be placed or substantially improved within Zones A1 – A30, AH, and AE on the community’s FIRM on sites:

i. Outside of a manufactured home park or subdivision;

ii. In a new manufactured home park or subdivision;

iii. In an expansion to an existing manufactured home park or subdivision;

iv. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 1.6 feet above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement;

b. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1 – A30, AH, and AE on the community’s FIRM that are not subject to the above manufactured home provisions be elevated so that either:

i. The lowest floor of the manufactured home is elevated 1.6 feet above the base flood elevation, or

ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement.

5. Floodways. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles and has erosion potential, the following provisions shall apply:

a. Encroachments, including fill, new construction, substantial improvements, and other development, shall be prohibited, unless certification (with supporting technical data) by a professional engineer registered in the state of Washington is provided, demonstrating that such encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.

b. Construction or reconstruction of residential structures is prohibited within designated floodways, except for:

i. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and

ii. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent 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 shall not be included in the 50 percent.

c. If no floodway is designated, then a setback of 30 feet from the banks of the watercourse, river, stream or pond that is reserved to discharge the base flood wherein encroachment shall be prohibited. Once a base flood elevation has been established, it must be demonstrated that the commutative effect of the proposed development, including substantial improvements and fill, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (Ord. 808-03)

17.08.120 Standards for subdivision proposals.

A. All subdivision proposals shall be consistent with the need to minimize flood damage;

B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

D. Base flood elevation data shall be provided for subdivision proposals and other proposed development that is no less than three acres in size. (Ord. 808-03)

17.08.130 Recreational vehicles.

Recreational vehicles placed on sites within Zones A1 – A30, AH, and AE on the community’s FIRM either:

A. Be on the site for fewer than 180 consecutive days; no recreational vehicles may be left in a flood zone during a flood warning or watch.

B. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

C. No recreational vehicle may be used as a permanent residence. (Ord. 808-03)

17.08.140 Critical facility.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or more above the level of the base flood elevation (100-year) at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 808-03)