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1348_00001ORDINANCENO.1348 AN ORDINANCEAMENDINGMOSESLAKEMUNICIPALCODECHAPTER18.53 ENTITLED"FLOODHAZARDAREAS" THECITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS: Section 1.Moses Lake Municipal Code Chapter 18.53 entitled "Flood HazardAreas"is amended as follows:I 18.53.010 Lands to Which This Ordinance Applies:This ordinance shall applytoallareasofspecialfloodhazardwithinthejurisdictionoftheCityofMosesLake. 18.53.020 Basis for Establishing the Areas of Special Flood Hazard:The areas of special flood hazard identified by the Federal InsuranceAdministrationinascientificandengineeringreportentitled"TheFloodInsuranceStudyfortheCityofMosesLake"dated January 5,1989,with accompanying flood insurance maps is hereby adopted byreferenceanddeclaredtobeapartofthisordinance.The FloodInsuranceStudyisonfileatcityofMosesLake,321 S.Balsam,Moses Lake,WA 98837. 18.53.030 Definitions: A.Area of Shallow Flooding:Area of Shallow Flooding means adesignatedA0orAHZoneontheFloodInsuranceRateMap(FIRM).The base flood depths range from one foot (l')tothreefeet(3');a clearly defined channel does not exist;thepathoffloodingisunpredictableandindeterminate;andvelocityflowmaybeevident.A0 is characterized as sheetflowandAHindicatesponding. I B.Area of Special Flood Hazard:Area of Special Flood Hazard means the land in the flood plain within a community subjecttoaonepercent(1%)or greater chance of flooding in anygivenyear.Designation on maps always includes the letters A or V. C.Base Flood:Base Flood means the flood having a one percent(1%)chance of being equaled or exceeded in any given year.Also referred to as the "100-yearfload."Designation on mapsalwaysincludesthelettersAorV. D.Critical Facility:Critical Facility means a facility forwhichevenaslightchanceoffloodingmightbetoogreat.Critical facilities include,but are not limited to,schools,nursing homes,hospitals,police,fire and emergency responseinstallations,and installations which produce,use,or storehazardousmaterialsorhazardouswaste. E.Development:Development means any manmade change to improved or unimproved real estate,including but not limited to,buildings or other structures,mining,dredging,filling,grading,paving,excavating,or drilling operations locatedwithintheareaofspecialfloodhazard. I F.Flood or Flooding:Flood or Flooding means a general and tem-porary condition of partial or complete inundation of normallydrylandareasfromtheoverflowofinlandortidalwatersand/or the unusual and rapid accumulation of run-off of sur-face waters from any source. G.Flood Insurance Rate Map (FIRM):Flood Insurance Rate MapmeanstheofficialmaponwhichtheFederalInsuranceAd-ministration has delineated both the areas of special floodhazardsandtheriskpremiumzonesapplicabletothecommunity. -1 - ORD.1348 H.Flood Insurance Study:Flood Insurance Study means the offi- cial 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. I.Floodway: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 in- creasing the water surface elevation more than one foot (l'). J.Lowest Floor:Lowest Floor means the lowest floor of the low- est enclosed area (including basement).An unfinished orfloodresistantenclosure,usable solely for parking of vehi- cles,building access or storage,in an area other than abasementarea,is not considered a building's lowest floor, provided that such enclosure is not built so as to render thestructureinviolationoftheapplicablenon-elevation design requirements of this ordinance. K.Manufactured Home:Manufactured Homemeans a structure,transportable in one (1)or more sections,which is built on apermanentchassisandisdesignedforusewithorwithouta permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufacturedhome"also includes park trailers,travel trailers,and other similar vehicles placed on a site for greater than one hundred eighty (180)consecutive days.For insurance purposes the term "manufacturedhome"does not include park trailers,travel trailers,and other similar vehicles. L.Manufactured Home Park or Subdivision:Manufactured Home Park or Subdivision means a parcel (or contiguous parcels)of land divided into two (2)or more manufactured home lots for rent or sale. M.New Construction:NewConstruction means structures for which the "start of construction"commenced on or after the effec- tive date of this ordinance. N.-Start of Construction:Start of Construction includes sub- stantial improvement,and means the date the building permit was issued,provided the actual start of construction,repair, reconstruction,placement,or other improvement was within onehundredeighty(180)days of the permit date.The actual start means either the first placement of permanent construe- tion of a structure on a site,such as the pouring of slab orfootings,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 clear- ing,grading,and filling;nor does it include the installa- tion of streets and/or walkways;nor does it include excava- tion for a basement,footings,piers,or foundation or the erection of temporary forms;nor does it include the installa- tion on the property of accessory buildings,such as garages or sheds not occupied as dwelling units or not part of the main structure. 0.Structure:Structure means a walled and roofed building in- ciuding a gas or liquid storage tank that is principally above ground. P.Substantial Improvement:Substantial Improvement means any repair,reconstruction,or improvement of a structure,the cost of which equals or exceeds fifty percent (50%)of the market value of the structure either before the improvement or repair is started,or,if the structure has been damaged and is being restored,before the damage occurred.For the pur- pose of this definition,substantial improvement is considered to occur when the first alteration of any wall,ceiling, -2 - ORD.1348 floor,or other structural part of the building commences,whether or not that alteration affects the external dimensionsofthestructure.The term does not,however,include either: 1.Any project for improvement of a structure to comply withexistingstateorlocalhealth,sanitary,or safety codespecificationswhicharesolelynecessarytoassuresafelivingconditions,or 2.Any alteration of a structure listed on the National Reg-ister of Historic Places or a State Inventory of HistoricPlaces. Q.Variance:Variance means a grant of relief from the require- ments of this ordinance which permits construction in a mannerthatwouldotherwisebeprohibitedbythisordinance. 18.53.040 Development Permit Required:A development permit shall be ob-tained before construction or development begins within any area ofspecialfloodhazardestablishedinthisordinance.The permitshallbeforallstructuresincludingmanufacturedhomesassetforthinthedefinitionsandforalldevelopmentincludingfill andotheractivities,also as set forth in the definitions. 18.53.050 Application for a Development Permit:Application for a develop-ment permit shall be made on forms furnished by the Building Offi-cial and may include,but not be limited to;plans in duplicatedrawntoscaleshowingthenature,location,dimensions,and eleva-tions of the area in question;existing or proposed structures,fill,storage of materials,drainage facilities,and the locationoftheforegoing.Specifically,the following information isrequired: i A.Elevation in relation to mean sea level of the lowest floor (including basement)of all structures. B.Elevation in relation to mean sea level to which any structure has been floodproofed. C.Certification by a registered professional engineer or archi-tect that the flood proofing methods for any non-residentialstructuremeetthefloodproofingcriteriaofthisordinance. D.A description of the extent to which any watercourse will bealteredorrelocatedasaresultofproposeddevelopment. 18.53.060 Administrator:The Building Official is hereby appointed to ad-minister and implement this ordinance by granting or denying build-ing or development permits in accordance with its provisions. 18.53.070 Permit Review:The Building Official shall review all developmentpermitstodetermine: A.That the requirements of this ordinance have been satisfied. B.That all necessary permits have been obtained from thosefederal,state,or local governmental agencies from which I prior approval is required. C.Assure that the encroachment provisions of this ordinance aremetiftheproposeddevelopmentislocatedinthefloodway. 18.53.080 Penalties for Non-Compliance:Any person,firm,or corporation who violates,disobeys,omits,neglects,or refuses to comply with orwhoresiststheenforcementofanyoftheprovisionsofthisor-dinance shall be deemed to have violated the terms of this or-dinance and will subject the offender to a civil penalty as pro-vided in Chapter 1.08 of the Moses Lake Municipal Code. -3 - 18.53.090 Abrogation and Greater Restrictions:This ordinance is not intend- ed to repeal,abrogate,or impair any existing easements,cove- nants,or deed restrictions.However,where this ordinance and another ordinance,easement,covenant,or deed restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail. 18.53.100 Interpretation:In the interpretation and application of this or-dinance,all provisions shall be considered as minimum require- ments,liberally construed in favor of the governing body,and -- deemed neither to limit nor repeal any other powers granted under state statutes. 18.53.110 Warning and Disclaimer of Liability:The degree of flood protec- tion required by this ordinance is considered reasonable for reg- ulatory purposes and is based on scientific and engineering consid- erations.Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes.This ordinance 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 ordinance shall not create liability on the part of the City of Moses Lake,any officer oremployeethereof,or the Federal Insurance Administration,for anyflooddamagesthatresultfromrelianceonthisordinanceoranyadministrativedecisionlawfullymadehereunder. 18.53.120 Use of Other Base Flood Data:When base flood elevation data has not been provided in accordance with this ordinance,establishing the areas of special flood hazard,the Building Official shall ob- tain,review,and reasonably utilize any base flood elevation and floodway data available from a federal,state,or other source in order to administer the specific standards and floodway provisions of this ordinance. 18.53.130 Information to be Obtained and Maintained by Building Official: A.Where base flood elevation data is provided through the Flood Insurance Study or required as in this ordinance,obtain and record the actual as-built elevation (in relation to mean sea level)of the lowest habitab4e 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 struc- tures,verify and record the actual elevation (in relation to mean sea level)and maintain the floodproofing certifications required in this ordinance. C.Maintain for public inspection all records pertaining to pro- visions of this ordinance. 18.53.140 Alteration of Watercourses: A.The Building Official shall notify adjacent communities and the Washington State Department of Ecology prior to any alter- ation or relocation of a watercourse,and submit evidence of such notification to the Federal Insurance Administration. B.The Building Official shall require that maintenance is pro- vided within the altered or relocated portion of said water- course so that flood carrying capacity is not diminished. 18.53.150 Interpretation of FIRM Boundaries:The Building Official shall make interpretations where needed,as to the exact location of .the boundaries of the areas of special flood hazard (for example,where there appears to be a conflict between a mapped boundary and actual field conditions). 18.53.160 Provisions for Flood Hazard Reduction:In all areas of special flood hazards the following standards are required: -4 - ORD.1348 A.Anchoring:All new construction and substantial improvementsshallbeanchoredtopreventflotation,collapse,or lateralmovementofthestructure. B.All manufactured homes must likewise be anchored to preventflotation,collapse,or lateral movement,and shall be in-stalled using methods and practices that minimize flooddamage.Anchoring methods may include,but are not limitedto,use of over-the-top or frame ties to ground anchors(Reference FEMA's "Manufactured Home Installation in FloodiHazardAreas"guidebook for additional techniques). C.Construction Materials and Methods: 1.All new construction and substantial improvements shallbeconstructedwithmaterialsandutilityequipmentresistanttoflooddamage. 2.All new construction and substantial improvements shallbeconstructedusingmethodsandpracticesthatminimizeflooddamage. 3.Electrical,heating ventilation,plumbing,and air-conditioning equipment and other service facilities shallbedesignedand/or otherwise elevated or located so as topreventwaterfromenteringoraccumulatingwithinthecomponentsduringconditionsofflooding. D.Utilities: 1.All new and replacement water supply systems shall bedesignedtominimizeoreliminateinfiltrationoffloodwatersintothesystem. 2.New and replacement sanitary sewage system shall beidesignedtominimizeoreliminateinfiltrationoffloodwatersintothesystemsanddischargefromthesystemsintofloodwaters. 3.On-site waste disposal systems shall be located to avoidimpairmenttothemorcontaminationfromthemduringflooding. E.Subdivision Proposals:All subdivision proposals shall beconsistentwiththeneedtominimizeflooddamage;shall havepublicutilitiesandfacilitiessuchassewer,gas,electri-cal,and water systems located and constructed to minimizeflooddamage;and shall have adequate drainage provided toreduceexposuretoflooddamage;and where base flood eleva-tion data has not been provided or is not available from an-other authoritative source,it shall be generated for subdivi-sion proposals and other proposed developments which containatleastfifty(50)Tots or five (5)acres,whichever is less. F.Review of Building Permits:Where elevation data is notavailableeitherthroughtheFloodInsuranceStudyorfromanotherauthoritativesource,applications for building per-mits shall be reviewed to assure that proposed construction I will be reasonably safe from flooding.The test of rea-sonableness is a local judgment and includes use of historicaldata,high water marks,photographs of past flooding,etc.where available.Failure to elevate at least two feet (2')above grade in these zones may result in higher insurancerates. G.Specific Standards:In all areas of special flood hazardswherebasefloodelevationdatahasbeenprovidedassetforthinthisordinance,the following provisions are required: -5 - 1.Residential Construction:Newconstruction and substan- tial improvement of any residential structure shall have the lowest floor,including basement,elevated one foot (l')or more above base flood elevation. 2.Fully enclosed areas below the lowest floor that are sub- ject to flooding are prohibited,or shall be designed to automatically equalize hydrostatic flood forces on ex- terior walls by allowing for the entry and exit of flood- waters.Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a.A minimum of two (2)openings having a total net area of not less than one square inch (1")for every square foot of enclosed area subject to flooding shall be provided. b.The bottom of all openings shall be no higher than one foot (l')above grade. c.Openings may be equipped with screens,louvers,or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 3.Non-Residential Construction:New construction and sub- stantial improvement of any commercial,industrial,or other non-residential structure shall either have the lowest floor,including basement,elevated one foot (l') or more above the level of the base flood elevation,or, together with attendant utility and sanitary facilities, shall a.Be floodproofed so that below one foot (l')above the base flood level the structure is watertight with walls substantially impermeable to the passage of water. b.Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c.Be certified by a registered professional engineer or architect that the design and methods of con- struction are in accordance with accepted standards of practice for meeting provisions of this subsec- tion based on their development and/or review of the structural design,specifications and plans.Such certifications shall be provided to the Building Official as set forth in this ordinance. d.Non-residential structures that are elevated,not floodproofed,must meet the same standards for space below the lowest floor as described in this ordinance. e.Applicants floodproofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (l')below the floodproofed level (e.g.a building constructed to one foot (l')above the base flood level will be rated at the base flood level). 4.Critical Facility:Construction of new critical facili- ties shall be,to the extent possible,located outside the limits of the base flood plain.Construction of new critical facilities shall be permissible within the base flood plain if no feasible alternative site ís available. Critical facilities constructed within the base flood plain shall have the lowest floor elevated to three feet -6 - ORD.1348 (3')or more above the level of the base flood elevationatthesite.Floodproofing and sealing measures must betakentoensurethattoxicsubstanceswillnotbedis-placed by or released into flood waters.Access routeselevatedtoorabovethelevelofthebasefloodplainshallbeprovidedtoallcriticalfacilitiestotheex-tent possible. 5.Manufactured Homes:All manufactured homes to be placed I or substantially improved within Zones Al-30,AH,and AEshallbeelevatedonapermanentfoundationsuchthatthelowestfloorofthemanufacturedhomeisonefoot(l')ormoreabovethebasefloodelevationandbesecurelyan-chored to an adequately anchored foundation system inaccordancewiththeprovisionsofthisordinance.This paragraph applies to manufactured homes to be placed orsubstantiallyimprovedinanexpansiontoanexistingmanufacturedhomeparkorsubdivision.This paragraphdoesnotapplytomanufacturedhomestobeplacedor sub-stantially improved in an existing manufactured home park or subdivision except where the repair,reconstruction, or improvement of the streets,utilities,and pads equals or exceeds fifty percent (50%)of the value of thestreets,utilities and pads before the repair,recon-struction,or improvement has commenced. 6.Floodways:Located within areas of special flood hazardestablishedinthisordinanceareareasdesignatedasfloodways.Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry de-bris,potential projectiles,and erosion potential,thefollowingprovisionsapply: a.Encroachments are prohibited,including fill,newIconstruction,substantial improvements,and otherdevelopmentunlesscertificationbyaregisteredprofessionalengineerorarchitectisprovideddem- onstrating that encroachments shall not result in any increase in flood levels during the occurrenceofthebaseflooddischarge, b.Construction or reconstruction of residential struc-tures is prohibited within designated floodways, except for (1)repairs,reconstruction,or improve-ments to a structure which do not increase thegroundfloorarea;and (2)repairs,reconstruction, or improvements to a structure,the cost of whichdoesnotexceedfiftypercent(50%)of the marketvalueofthestructureeither,(a)before the re-pair,reconstruction,or repair is started,or (b)if the structure has been damaged,and is being re-stored,before the damage occurred.Work done onstructurestocomplywithexistinghealth,sanitary, or safety codes or to structures identified as his-toric places shall not be included in the fifty per-cent (50%). c.If section 18.53.160 8 6a is satisfied,all new con-I struction and substantial improvements shall complywithallapplicablefloodhazardreductionprovi-sions of Section 18.53.160,Provisions for FloodHazardReduction. 7.Wetlands Management:To the maximum extent possible,avoid the short and long term adverse impacts associatedwiththedestructionormodificationofwetlands,espe-cially those activities which limit or disrupt the abili-ty of the wetland to alleviate flooding impacts.Thefollowingprocessshouldbeimplemented: -7 - a.Review proposals for development within base flood plains for their possible impacts on wetlands lo- cated within the flood plain, b.Ensure that development activities in or around wet- lands do not negatively affect public safety,health,and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. c.Request technical assistance from the Department ofEcologyinidentifyingwetlandareas.Existing wet- land map information from the National Wetlands In- ventory (NWI)can be used in conjunction with thecommunity's FIRMto prepare an overlay zone indicat- ing critical wetland areas deserving special attention. 8.Standards for Shallow Flooding Areas (AO Zones):Shallow flooding areas appear on FIRM's as A0 zones with depth designations.The base flood depths in these zones rangefromonefoot(l')to three feet (3')above ground where a clearly defined channel does not exist,or where thepathoffloodingisunpredictableandwherevelocityflow may be evident.Such flooding is usually characterized as sheet flow.In these areas,the following provisions apply: a.New construction and substantial improvements of residential structures within A0 zones shall have the lowest floor (including basement)elevated above the highest grade adjacent to the building,one foot (l')or more above the depth number specified on theFIRM(at least two feet (2')if no depth number is specified). b.New construction and substantial improvements of non-residential structures within A0 zones shall - either: (1)have the lowest floor (including basement)ele- vated above the highest adjacent grade of thebuildingsite,one foot (l')or more above thedepthnumberspecifiedontheFIRM(at least two feet (2')if no depth number is specified); or (2)together with attendant utility and sanitary facilities,be completely flood proofed to orabovethatlevelsothatanyspacebelowthat 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 effects of buoyancy.If this method is used,compliance shall be certified by a regis- tered professional engineer or architect. 18.53.170 Appeals:Any decision by any administrator,officer,board,or commission in carrying out the provisions of this chapter may be appealed as provided for in Chapter 18.75 of the Moses Lake Municipal Code or to the courts of the state as prescribed by law. 18.53.180 Variances: A.The Zoning Board of Adjustment,as established by the City of Moses Lake shall hear and decide requests for variances from the requirements of this chapter. B.In passing upon such applications,the Zoning Board of Adjust- ment shall consider all technical evaluations,all relevant factors,standards specified in other sections of this chap- ter,and: -8 - ORD.1348 1.The danger that materials may be swept onto other landstotheinjuryofothers. 2.The danger to life and property due to flooding or ero-sion damage. 3.The susceptibility of the proposed facility and its con-tents to flood damage and the effect of such damage ontheindividualowner.I 4.The importance of the services provided by the proposed facility to the community. 5.The necessity to the facility of a water front location,where applicable. 6.The availability of alternative locations for the pro-posed use which are not subject to flooding or erosiondamage. 7.The compatibility of the proposed use with existing andanticipateddevelopment. 8.The relationship of the proposed use to the comprehensiveplanandfloodplainmanagementprogramforthatarea. 9.The safety of access to the property in times of floodforordinaryandemergencyvehicles. 10.The expected heights,velocity,duration,rate of rise,and sediment transport of the flood waters and the ef-fects of wave action,if applicable,expected at thesite. I 11.The costs of providing governmental services during andafterfloodconditions,including maintenance and repairofpublicutilitiesandfacilitiessuchassewer,gas,electrical,water systems,and streets and bridges. Ci Upon consideration of the factors of the appropriate sectionsandthepurposesofthisordinance,the Zoning Board of Ad-justment may attach such conditions to the granting of varian-ces as it deems necessary to further the purposes of thisordinance. D.The Municipal Services Director shall maintain the records ofallappealactionsandreportanyvariancestotheFederalInsuranceAdministrationuponrequest. E.Conditions for Variances: 1.Generally,the only condition under which a variance fromtheelevationstandardmaybeissuedisfornewconstruc-tion and substantial improvements to be erected on a lotofone-half (1/2)acre or less in size contiguous to andsprroundedbylotswithexistingstructuresconstructedbelowthebasefloodlevel,providing items one (1)through eleven (11)in subsection C have been fully con-I sidered.As the lot size increases,the technical jus-tification required for issuing the variance increases. 2.Variances may be issued for the reconstruction,rehabilitation,or restoration of structures listed ontheNationalRegisterofHistoricPlacesortheStateInventoryofHistoricPlaces,without regard to the pro-cedures set forth in this section. 3.Variances shall not be issued within a designated flood- way if any increase in flood levels during the base flooddischargewouldresult. -9 . 4.Variances shall only be issued upon a determination thatthevarianceistheminimumnecessary,considering the flood hazard,to afford relief. 5.Variances shall only be issued upon: a.A showing of good and sufficient cause. b.A determination that failure to grant the variance would result in exceptional hardship to theapplicant. c.A determination that the granting of a variance will not result in increased flood heights,additional threats to public safety,extraordinary public ex- pense,create nuisances,cause fraud on or vic- timization of the public as identified in subpara- graph C,or conflict with existing local laws orordinances. 6.Yariances as interpreted in the National Flood Insurance Program 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 thestructure,or its inhabitants economic or financial cir- cumstances.They primarily address small lots in densely populated residential neighborhoods.As such,variances from the flood elevations should be quite rare. 7.Variances may be issued for non-residential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing,where it can be determined that such action will have low damage potential,complies with all other variance criteria except subparagraph 1,and otherwise complies with the general standards. 8.Any applicant to whoma variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 18.53.170 Severability:If any section,subsection,sentence,clause,or phrase of this chapter is for any reason held to be unconstitution- al or invalid,such decision shall not affect the remaining por- tions of this chapter. Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publication as provided by law. Adopted by the City Coun i APPROV AS TO FORM: C y Attorney -10 -