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HomeMy WebLinkAboutResolution 23-022-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE AMENDING TITLE 14 ORDINANCE No. 23 - 7�.�, -CC OF THE GRANT COUNTY CODE TITLED "BUILDINGS AND CONSTRUCTION" AND ADDING NEW CHAPTER 14.02 TITLED "FLOOD DAMAGE AND PREVENTION" RECITALS: WHEREAS, the Grant County Board of County Commissioners previously adopted Grant County Ordinance No. 21 -012 -CC Flood Damage Prevention as part of its environmental regulations in the Unified Development Code (UDC) Title 24, Chapter 24.16; and WHEREAS, RCW 86.16 authorizes the county legislative authority to adopt, by appropriate resolution or ordinance, regulations designed to promote the public health, safety, and general welfare of its citizenry by adopting floodplain management regulations; and WHEREAS, On May 23, 2022 the Department of Ecology conducted a Community Assistance Visit as part of their evaluation of the county's participation in the National Flood Insurance Program, which included the effectiveness of our existing flood damage prevention ordinance; and WHEREAS, the Department of Ecology recommended various changes and amendments to our current ordinance in order to bring the code up to the minimum required standards, reviewed and approved the proposed draft ordinance; and WHEREAS, per RCW 86.16.041, the county shall submit to the department of ecology any amendment to an existing floodplain management ordinance, of which shall take effect thirty days from filing with the department; and WHEREAS, it is recommended that the flood damage prevention ordinance be removed from the county's development regulations (UDC) and be amended and relocated to Title 14, Chapter 14.02 Building and Construction so it can be administered as part of the building permit process and receive periodic updates in a more streamlined manner; and WHEREAS, the current Flood Damage Prevention Ordinance in Title 24 will be repealed in its entirety as part of the development regulation amendments during this year's comprehensive and development regulations amendment cycle. NOW, THEREFORE, BE IT HEREBY ORDNAINED THAT the Grant County Board of Commissioners amend Title 14, Building and Construction and add a new Chapter 14.02 titled "Flood Damage and Prevention" to be incorporated into the Grant County Code as presented in Attachment A. DATED this ae day of , 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Yea Nay Abstain �dll ❑ ❑ Rob s, Chair 1 ❑ ❑ Cindy Carter, Vice -Chair ❑ ❑ Danny Ston/,.Member ATTEST: AfBarbara J Vasquez; CM Clerk(o the Board ATTACHMENT A Chapter 14.02 - FLOOD DAMAGE AND PREVENTION 14.02.01 0 - Statutory Authorization The Legislature of the State of Washington has in RCW Chapter 86.16 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 County of Grant, State of Washington, does ordain the provisions set forth in this Chapter. 14.02.020 - Findings of Fact The flood hazard areas of Grant County are subject to periodic inundation, which results 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. These flood losses are caused by the cumulative effect 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 flood -proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 14.02.030 - Statement of Purpose 1 ) It is the purpose of this Chapter to promote the public health, safety, and general welfare, to reduce the annual cost of flood insurance, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: a) To protect human life and health. b) To minimize expenditure of public money and 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 interruption. e) 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. f) 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. g) To ensure that potential buyers are notified that property is in an area of special flood hazard. h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions, and i) To participate in and maintain eligibility for flood insurance and disaster relief. 2) It is further the purpose of this Chapter to protect the public health, safety, and welfare in those areas subject to periodic inundation due to flooding, and to minimize losses due to flood conditions in the specific areas subject to this Chapter by utilizing the methods and provisions set forth herein. 14.02.040 - Methods of Reducing Flood Losses 1 ) In order to accomplish its purpose, this Chapter includes methods and provisions for: a) Restricting or prohibiting development that is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities. b) Requiring that development vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters. d) Controlling filling, grading, dredging, and other development which may increase flood damage; and e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards in other areas. 14.02.050 - Definitions Alteration of watercourse: Any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. Appeal: A request for a review of the interpretation of any provision of this ordinance or a request for a variance. Area of shallow flooding: A designated a zone AO, AH, AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also, referred to as the sheet flow area. ASCE 24: The most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers. Base flood: The flood having a 1 % annual chance of being equaled or exceeded in any given year (also referred to as the "100 -year flood"). Base Flood Elevation (BFE): The elevation to which floodwater is anticipated to rise during the base flood. Basement: Any area of the building having its floor sub -grade (below ground level) on all sides. Building: See "Structure." Building Code: The currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council. Critical Facility: 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. Development: Any man-made change 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 the area of special flood hazard. Elevation Certificate: An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F). Elevated Building: For insurance purposes, a non -basement building that has its lowest floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Essential Facility: This term has the same meaning as "Essential Facility" defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities. Existing Manufactured Home Park or Subdivision: Amanufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, ata 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 floodplain management regulations adopted by the community. Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or Flooding: 1. Ageneral and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters. b. The unusual and rapid accumulation or runoff of surface waters from any source. c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1) (a) of this definition. Flood elevation study: An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. Also known as Flood Insurance Study (FIS). Flood Insurance Rate Map (FIRM): The official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Insurance Study: See "Flood Elevation Study." Floodplain or flood -prone area: Any land area susceptible to being inundated by water from any source. See "Flood or flooding." Floodplain Administrator: The communityofficial designated by title to administer and enforce the floodplain management regulations. Floodplain management regulations: Zoning ordinances, subdivision regulation, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway." Functional dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only dock facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. Highest adjacent grade (HAG): The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure: Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register. 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 3. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either. By an approved state program as determined by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either. a. By an approved state program as determined by the Secretary of the Interior. b. Directly by the Secretary of the Interior in states without approved programs. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance (i.e., provided there are adequate flood ventilation openings). Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation wen attached to required utilities. The term "manufactured home" does not include a "recreational vehicle." Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean Sea Level: For purposes of the National Flood Insurance Program, the vertical datum to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. New construction: For the purposes of determining insurance rates, structures for which the "start of construction"commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management proposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. One -hundred -year flood or 100 -year flood: See "Base flood." New Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the new 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 floodplain management regulations adopted by the community. Reasonably safe from flooding: Development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, reasonably safe from flooding means the lowest floor is at least two feet above the Highest Adjacent Grade. Recreational Vehicle: A vehicle, 1) Built on a single chassis. 2) 400 square feet or less when measured at the largest horizontal projection. 3) Designed to be self-propelled or permanently towable byalight 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. ,Start of construction: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. 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 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 that 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. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage,"regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct previously identified existing violations of a state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance: A grant of relief by a community from the terms of a floodplain management regulation. Water surface elevation: The height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Water Dependent: A structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. 14.02.060 - Lands to Which this Ordinance Applies This Chapter shall apply to all areas of special flood hazard within the jurisdiction of Grant County. 14.02.070 - Basis for Establishing Areas of Special Flood Hazard 1 ) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and technical engineering report entitled "Flood Insurance Study for Grant County Washington and incorporated areas," dated February 18, 2009, and subsequent revisions, with accompanying Flood Insurance Rate Maps (FIRM.) dated February 18, 2009, and subsequent revisions are, hereby adopted by reference and declared to be part of this Chapter. The Flood Insurance Study and FIRM are on file with the Grant County Development Services Department at 264 Division Ave W. Ephrata, WA 98823. 2) The best available information for flood hazard area identification as outlined in section 14.02.160(2) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under section 14.02.160(2). 14.02.080 - Compliance All development within a special flood hazard area is subject to the terms of this ordinance and other applicable regulations. 14.02.090 - Penalties for Noncompliance No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. As an alternative, or in addition to any other legal, equitable, or administrative remedy provided for by this chapter or by law or other regulation, any person who willfully or knowing violates the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) or aids or abets such violation may be: 1) issued a citation for a civil infraction pursuant to and in the manner described in GCC 1.32. (2) and may be guilty of a misdemeanor under GCC 1.32. Nothing herein contained shall prevent Grant County from taking such other lawful action as is necessary to prevent or remedy any violation. 14.02.100 - Abrogation and Greater Restrictions This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another Chapter, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 14.02.110 - Interpretation 1) In the interpretation and application of this Chapter, all provisions shall be: a) Considered as minimum requirements. b) Liberally construed in favor of the governing body; and C) Deemed neither to limit nor repeal 14.02.120 Severability This Chapter and the various parts thereof are hereby declared to be severable. Should any Section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid. 14.02.130 - Development Permits Required A development permit, processed in accordance with GCC Chapter 25.04 of the UDC, shall be obtained prior to construction or development within any area of special flood hazard as established in this Chapter. The permit shall be for all structures and manufactured homes, as set forth in the "Definitions", and for all development including fill and other activities, also set forth in the "Definitions". 14.02.140 -Application for Development Permit 1) Applications for development permits shall be made on forms provided by the Floodplain Administrator. Asa minimum, the following information shall be provided by the applicant at the time of submittal: a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certification with Section B completed by the Floodplain Administrator. b) Elevation in relation to mean sea level to which any structure has been floodproofed. c) Where a structure is to be floodproofed, certification by a registered design professional engineer or architect that the flood proofing methods for any nonresidential structure meet flood proofing criteria in section 14.02.190(2). d) Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development. e) Where development is proposed in a floodway, an engineering analysis indicating no rise of the Base Flood Elevation; and, fl Any other such information that may be reasonably required by the Floodplain Administrator in order to review the application. 14.02.150 - DesIs ignation of the Floodplain Administrator The Development Services Director is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions. 14.02.160 - Duties and Responsibilities of the Floodplain Administrator Duties of the Floodplain Administrator shall include, but not be limited to: 1) Permit review. Review all development permits to determine that: a) That permit requirements of this Chapter have been obtained. b) All other required state and federal permits have been obtained. c) The site is reasonable safe from flooding. d) The proposed development is not located in the floodway. If located within the floodway, ensure the encroachment provisions of section 14.02.210 are met; and, e) Notify FEMA when annexations occur in the Special Flood Hazard Area. 2) Use of other base flood data in A zone. a) When base flood elevation data has not been provided in A zone, the Floodplain Administrator 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 section 14.02.190 and 14.02.190. 3) Information to be obtained and maintained. a) Where base flood elevation data is provided through the FIS, FIRM, or required as in section 14.02.160(2), obtain, and maintain a record of 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. b) For all new or substantially improved flood proofed nonresidential structures where base flood elevation is provided through the FIS, FIRM, or as required by section 14.02.160(2): i) Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was flood proofed. ii) Maintain the flood proofing certifications required in section 14.02.210. C) Certification required by Section 14.02.210. d) Records of all variance actions, including justification for their issuance. e) Improvements and damage calculations. f) Maintain for public inspection for records pertaining to the provisions of this ordinance. 4) Notification to other entities. Whenever a watercourse is to be altered or relocated: a) Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a watercourse, and submit evidence of such notification means; and b) Assure that the flood carrying capacity of the altered or relocated portion of said watercourse in maintained. 5) Interpretation of FIRM boundaries a) The Floodplain Administrator shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the NFIP. 6) Review of Building Permits a) When elevation data is not available, either through the FIS, FIRM, or from another authoritative source in section 14.02.160(2), applications for floodplain development shall be reviewed to assure that proposed construction will be reasonable safe from flooding. The test of reasonableness is a local judgement and includes use of historical data, high water marks, photographs of past flooding, or other resources, where available. b) Failure to elevate habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. 7) Change to Special Flood Hazard Area a) If project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally require a Letter of Map Change, then the project approval shall be conditioned accordingly. 14.02.170 - Variances The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Avariance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of Grant County to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below Base Flood Elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goals of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before avariance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than avariance are more appropriate. 1) Requirement for Variance. a) Variances shall only be issued: i) Upon determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. ii) For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. iii) Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. iv) Upon a showing of good and sufficient cause. V) Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant. vi) Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to the water. This includes only facilities defined in Section 14.02.050 of this ordinance in the definition of "Functionally Dependent Use". b) Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result. C) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, provided that all necessary procedures of this ordinance have been fully considered. As the lot size increase beyond one-half acre, the technical justification required for issuing the variance increases. 2) Variance Criteria a) In considering variance applications, Grant County shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance; and: i) The danger that materials may be swept onto other lands to the injury of others. ii) The danger to life and property due to flooding or erosion damage. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. iv) The importance of the services provided by the proposed facility to the community. V) The necessity to the facility of a waterfront location, where applicable. vi) The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage. vii) The compatibility of the proposed use with existing and anticipated development. viii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. ix) The safety of access to the property in time of flood for ordinance and emergency vehicles. X) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and, xi) 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, waters system, and streets and bridges. 3) Additional requirements for the issuance ofavariance a) Variances as interpreted in the NFIP are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely population residential neighborhoods. As such, variances from the flood elevations should be quite rare. b) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: i) The issuance of a variance to construct structure below the BFE will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and ii) Such construction below the BFE increases risks to life and property. c) The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. d) The Floodplain Administrator shall condition the variance as needed to ensure that the requirements and criteria of this chapter are met. 14.02.180 - General Standards In all areas of special flood hazard the following standards are required: 1) Anchoring: a) All new construction and substantial improvements, including those related to manufactured homes, 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) Construction materials and methods: a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated to a level of one (1) foot above base flood elevation or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3) Utilities: a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from systems into floodwaters. c) On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding. d) Water wells shall be located on high ground that is not if a floodway. 4) Subdivision proposals and development: 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, electric, and water systems located and constructed to minimize flood damage. C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be provided by the proponent for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres, whichever is less. 5) Storage of materials and equipment a) The storage or processing of materials that could be injurious to human, animal, or plant life if realized due to damage from flooding is prohibited in special flood hazard areas. b) Storage or other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. 14.02.190 - Specific standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in this Chapter, the following provisions are required in addition to the general regulations. 1) Residential Construction: In AE and Al -30 zones or other Azoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the finished floor elevation of the lowest floor, including basement, elevated two (2) feet or more above the base flood elevation. Mechanical equipment and utilities shall be waterproofed or elevated at least one (1) foot above the BFE. a) New construction and substantial improvement of any residential structure in an AO zone shall meet the requirements of 14.02.200. b) New construction and substantial improvement of any residential structure in an Unnumbered A zone for which BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two (2) feet above the Highest Adjacent Grade. c) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a professional engineer or architect licensed in the State of Washington or must meet or exceed the following minimum criteria: d) Aminimum of two openings having atotal net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided: and i) The bottom of all openings shall be no higher than one (1) foot above grade; and ii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and iii) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for automatic entry and exit of floodwaters. 2) Non-residential Construction: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall meet the requirements of subsection 1 or 2 below. a) New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall meet all of the following requirements: i) In AE and Al -A30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained: New construction and substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, elevated two (2) feet or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated at least one (1)foot above the BFE, or as required by ASCE 24, whichever is greater. ii) If located in an AO zone, the structure shall meet the requirements of 14,02.200. iii) If located in an Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases, the lowest floor shall be at least two (2) feet above the Highest Adjacent Grade. iv) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect licensed in the State of Washington, or must meet or exceed the following minimum criteria: 1) Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. 2) The bottom of all openings shall be no higher than one foot above grade. 3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters. b) If the requirements of subsection A are not met, then new construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall meet all of the following requirements: i) Be dry flood proofed so that two (2) feet or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry flood proofed to the elevation required by ASCE 24, whichever is greater. ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. iii) 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 provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. iv) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 14.02.190 (2)(a)(iv). v) Applicants who are 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). Flood proofing the building an additional foot will reduce flood insurance premiums. 3) Manufactured Homes a) All manufactured homes to be placed or substantially improved on sites shall be placed on permanent foundations such that the lowest floor of the manufactured home is elevated two (2) feet or more above the base flood elevation and be securely anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices to minimize flood damage. Independent footings supporting mobile/manufactured homes shall be placed a minimum of 12 inches below pre -development grade before any fill is installed. Fill shall be protected from erosion. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 4) Recreational Vehicles Recreational vehicles placed on sites are required to either: a) Be on the site for fewer than 180 days; or, b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or, c) Meet the requirements of section 14.02.190 (3) above. 5) Enclosed area below the lowest floor If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage. 6) Appurtenant Structures (detached garages and small storage structures For A Zones (A, AE, AO) a) Appurtenant structures used solely for parking of vehicles or limited storage may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements: i) Use of the appurtenant structure must be limited to parking of vehicles or limited storage. ii) The portions of the appurtenant structure located below the BFE must be built using flood resistant materials. iii) The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement. iv) Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above BFE. V) The appurtenant structure must comply with floodway encroachment provisions in section 14.02.210. vi) The appurtenant structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with section 14.02.190(1)(c). vii) The structure shall have low damage potential. viii) If the structure is converted to another use, it must be brought into full compliance with the standards governing such use. ix) The structure shall not be used for human habitation. b) Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in section 14.02.190(1). C) Upon completion of the structure, certification that the requirement of this section has been satisfied shall be provided to the Floodplain Administrator for verification. 144,024,200 -Standards for Shallow Flooding Areas (AO Zones) 1) Shallow flooding zones (AO Zones) appear on the Flood Insurance Rate Maps with depth designations from one (1) to three (3) feet above ground where a clearly defined channel does exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In addition to other provisions of this code, the following additional provisions also apply: a) New construction and substantial improvements of residential structures and manufactured homes within AO Zones shall have the lowest floor (including basement and mechanical equipment) elevated above the highest adjacent grade of the building site, two (2) feet or more above the depth number specified on the Flood Insurance Rate Map (FIRM). Where appropriate, such structures shall be elevated above the crown of the nearest road, one (1) foot or more above the depth number specified on the FIRM (at least two (2) feet if no depth number is specified). b) New construction and substantial improvements of nonresidential structures within AO Zones shall either: i) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, two (2) feet or more above the depth number specified on the FIRM. Where appropriate, such structures shall be elevated above the crown of the nearest road, one (1) foot or more above the depth number specified on the FIRM (at least two (2) feet if no depth number is specified); or, ii) Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If this method is used, compliance shall be certified by a professional engineer or architect licensed in the State of Washington. c) Require adequate drainage paths around structures on slopes to guide floodwater around and away from proposed structures. d) Recreational Vehicles: Recreational vehicles placed on sites are required to either: i) Be on the site for fewer than 180 consecutive days; or ii) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or iii) Meet the requirements of 14.02.190 (d) above and the elevation and anchoring requirements for manufactured homes. 14.02.210 - Floodways 1 ) Located within areas of special flood hazard established in 14.02.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwater that carries debris, potential projectiles, and erosion potential, the following provisions apply: a) No Rise Standard i) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a professional engineer or architect licensed in the State of Washington is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. b) Residential Construction in Floodways i) Prohibit construction or reconstruction, repair, or replacement of residential structures except for: 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 fifty (50) percent of the market value of the structure either: a) Before the repair, reconstruction, or improvement is started, or b) If the structure has been damaged and is being restored before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes when determined by the Administrative Official, or to structures identified as historic places, shall not be included in the fifty (50) percent determination. ii)_ Replacement of Farmhouses in Floodway 1) Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A. 170 shall be permitted subject to the following: a) The new farmhouse is a replacement for an existing farmhouse on the same farm site. b) There is no potential building site for a replacement farmhouse on the same farm outside the designated floodway. c) Repairs, reconstruction, or improvements for a farmhouse shall not increase the total square footage of encroachment of the existing farmhouse. d) A replacement farmhouse shall not exceed the total square footage of the encroachment of the structure it is replacing. e) A farmhouse being replaced shall be removed, in its entirety, including foundation, from the floodway within ninety (90) days after occupancy of a new farmhouse. f) For substantial improvements, and replacement farmhouses, the elevation of the lowest floor of the improvement and farmhouse respectively, including basement, is two (2) feet higher than the base flood elevation. g) New and replacement water supply systems are designed to eliminate or minimize infiltration of floodwaters into the system. h) New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood water into the system and discharge from the system into the floodwaters; and i) All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage. Substantially damaged residences in the floodway 1) For all other residential structures, other than farmhouses, located in a designated floodway, the Floodplain Administrator may make a written request to the Department of Ecology to assess the risk of harm to life and property posed by the specific conditions of the floodway. Based upon scientific analysis of depth, velocity, channel migration, debris load, flood warning capability and flood related erosion, may exercise best professional judgement in recommending to the Grant County Building Official, repair, replacement, or relocation of such damaged structure consistent with WAC 173-158-076. The property owner shall be responsible for submitting to the Floodplain Administrator and the Department of Ecology any information necessary to complete the assessment. Without a favorable recommendation from the department for the repair or replacement of a substantially damaged residential structure located in the regulatory floodway, no repair or replacement is allowed per WAC 173-158-070 (1). 2) Before the repair, replacement, or reconstruction is started, all requirements of the NFIP, the state requirements adopted pursuant to 86.16 RCW, and all applicable local regulations must be satisfied. In addition, the following conditions must be met: a) There is no potential safe building location for the replacement residential structure on the same property outside the regulatory floodway. b) A replacement residential structure is a residential structure built as a substitute for a legally existing residential structure of equivalent use and size. C) Repairs, reconstruction, or replacement of a residential structure shall not increase the total square footage of floodway encroachment. d) The elevation of the lowest floor of the substantially damaged or replacement residential structure is a minimum of two (2) feet higher than BFE. e) New and replacement water supply systems are designed to eliminate or minimize infiltration of floodwater into the system. f) New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of floodwater into the system and discharge from the system into the floodwaters. g) All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage. C) All other building standards apply in the floodway If section 14.02.200 (a) is satisfied or construction is allowed pursuant to section 14.02.200 (b), all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this ordinance. 14.02.220 - General Requirements of Other Development All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance, or the state building codes with adopted amendments, and any Grant County amendments shall: 1) Be located and constructed to minimize flood damage. 2) Meet the encroachment limitations of this ordinance if located in a regulatory floodway. 3) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. 4) Be constructed of flood damage -resistant materials. 5) Meet the flood opening requirements of section 14.02.190 (1)(d); and 6) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the electrical code for wet locations. 14.02.230 - Critical Facility Construction of new critical facilities shall be, to the extent possible, located outside the limits of the 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 (3) feet above BFE or to the height of the 500 -year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. 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 BFE shall be provided to all critical facilities to the extent possible. 14.02.240 -Livestock Sanctuary Areas Elevated areas for the purpose of creating a flood sanctuary for livestock are allowed on farm units where livestock are allowed. Livestock flood sanctuaries shall be sized appropriately for the expected number of livestock and be elevated sufficiently to protect livestock. Proposals for livestock flood sanctuaries shall meet all procedural and substantive requirements of this chapter. 14.02.250 Warning and Disclaimer of Liability The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of Grant County, and officer or employee thereof, or the Federal Insurance. Administration, for any flood damages that result from reliance on this Chapter, or any administrative decision n lawfully made thereunder.