2436•ORDINANCE NO. 2436
AN ORDINANCE AMENDING CHAPTER 18.53 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "FLOOD HAZARD AREAS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.53 of the Moses Lake Municipal Code entitled "Flood Hazard Areas" is amended as
follows:
18.53.020 Basis for Establishing the Areas of Special Flood Hazard: The areas of special flood hazard
identified by the Federal Insurance Administration in a scientific and engineering report entitled
"The Flood Insurance Study for Grant County, Washington and Incorporated Areas " dated
February 18, 2009 and any revisions thereto, with accompanying flood insurance rate maps
(FIRM) and any revisions thereto, are hereby adopted by reference and declared to be a part
of this ordinance. The Flood Insurance Study and the FIRM are on file at City of Moses Lake,
321 S. Balsam, Moses Lake, WA 98837.
18.53.030 Definitions:
A.Area of Shallow Flooding: Area of Shallow Flooding means a designated AO or AH Zone on
the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot (1') to
three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and
AH indicates ponding.
B.Area of Special Flood Hazard: Area of Special Flood Hazard means the land in the flood
plain within a community subject to a one percent (1%) or greater chance of flooding in any
given year. 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-year flood." Designation
on maps always includes the letters A or V.
D.Basement: Basement means any area of the building having its floor sub-grade (below
ground level) on all sides.
E.Critical Facility: Critical Facility means a facility for which even a slight chance of flooding
might be too great. Critical facilities include, but are not limited to, schools, nursing homes,
hospitals, police, fire and emergency response installations, and installations which produce,
use, or store hazardous materials or hazardous waste.
F.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 or storage of equipment or materials
located within the area of special flood hazard.
G.Flood or Flooding: Flood or Flooding means a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of inland or tidal waters
and/or the unusual and rapid accumulation of run-off of surface waters from any source.
H.Flood Insurance Rate Map (FIRM): Flood Insurance Rate Map 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.
I.Flood Insurance Study (FIS): Flood Insurance Study means the official report provided by
the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate
Maps, and the water surface elevation of the base flood.
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CHAPTER 18.53 - FLOOD HAZARD AREAS February 10, 2009
J.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
increasing the water surface elevation more than one foot (1').
K.Lowest Floor: Lowest Floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a basement area, is not considered a
building's lowest floor, provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of this ordinance found at
Section 18.53.160 G. 2.
L.Manufactured Home: Manufactured Home means a structure, transportable in one (1) or
more sections, which is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For flood plain management
purposes the term "manufactured home" 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 "manufactured home" does not include park trailers, travel
trailers, and other similar vehicles.
M.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.
N.New Construction: New Construction means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
0. Recreation Vehicle: Recreational Vehicle means 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 by a light duty truck; and 4) Designed primarily not •
for use as a permanent dwelling but as temporary quarters for recreation, camping, travel,
or seasonal use.
P.Start of Construction: 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 one hundred eighty (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 foundation 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 substantial improvements, the start
of construction means the first alteration of any wall, ceiling, floor, or other structural part of
the building, whether or not that alteration affects the external dimensions of the building.
Q.Structure: Structure means a walled and roofed building including a gas or liquid storage
tank that is principally above ground.
R.Substantial Damage: 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 fifty percent (50%) of the market value of the structure before the damage
occurred. • S.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
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CHAPTER 18.53 - FLOOD HAZARD AREAS February 10, 2009
purpose 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. The term does
not, however, include either:
1.Any project for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which have previously been identified by the local
code enforcement official and which are solely necessary to assure safe living conditions,
Or
2.Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
T. Variance: Variance means a grant of relief from the requirements of this ordinance which
permits construction in a manner that would otherwise be prohibited by 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, FIRM, or
required as in this ordinance, obtain and record 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, non-residential, structures where BFE
data is provided through FIS, FIRM, or as required, 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 provisions of this ordinance.
18.53.160 Provisions for Flood Hazard Protection: In all areas of special flood hazards the following
standards are required:
A. Anchoring: All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
B. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that minimize flood damage.
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).
C. Construction Materials and Methods:
1.All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
2.All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
3.Electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
D. Utilities:
1. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
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CHAPTER 18.53 - FLOOD HAZARD AREAS February 10, 2009
2.New and replacement sanitary sewage system shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharge from the systems into flood
waters.
3.On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
4.Water wells shall be located on high ground that is not in the floodway.
E.Subdivision Proposals: All subdivision proposals shall be consistent with the need to
minimize flood damage; shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage; shall have adequate
drainage provided to reduce exposure to flood damage; and where base flood elevation data
has not been provided or is not available from another authoritative source, it shall be
generated for subdivision proposals and other proposed developments which contain at least
fifty (50) lots or five (5) acres, whichever is less.
F.Review of Building Permits: Where 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
(2') above grade in these zones may result in higher insurance rates.
G.Specific Standards: In all areas of special flood hazards where base flood elevation data has
been provided as set forth in this ordinance, the following provisions are required:
1. Residential Construction: New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement, elevated one foot(1')
or more above base flood elevation.
2. 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 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 (1') 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 substantial improvement of any
commercial, industrial, or other non-residential structure shall either have the lowest floor,
including basement, elevated one foot (1') 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 (1') above the base flood level the structure
is water tight with walls substantially impermeable to the passage of water.
•
•
• b. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
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CHAPTER 18.53 - FLOOD HAZARD AREAS February 10, 2009
c.Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting 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 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 (1') below the
floodproofed level (e.g. a building constructed to one foot (1') above the base flood
level will be rated at the base flood level).
4.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 flood plain).
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 to three feet (3') or more above the level of the base flood elevation
or five hundred (500) year flood, whichever is higher at the site. Floodproofing and
sealing measures must betaken 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.
5.Manufactured Homes: All manufactured homes to be placed or substantially improved
within Zones Al -30, AH, and AE shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is one foot (1') or more above the base flood
elevation and be securely anchored to an adequately anchored foundation system in
accordance with the provisions of this ordinance. This paragraph applies to
manufactured homes to be placed or substantially improved in an expansion to an
existing manufactured home park or subdivision. This paragraph does not apply to
manufactured homes to be placed or substantially 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 the
streets, utilities and pads before the repair, reconstruction, or improvement has
commenced.
6.Floodways: Located within areas of special flood hazard established in this ordinance
are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of flood waters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
a.Encroachments are prohibited, including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer is provided demonstrating through hydrologic and hydraulic
analysis performed in accordance with standard engineering practice that
encroachments shall not result in any increase in flood levels during the occurrence
of the base flood discharge.
b.Construction or reconstruction of residential structures is prohibited within designated
floodways, 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 percent (50%)
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. Work done on structures to comply with existing health, sanitary,
or safety codes 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 fifty percent (50%).
Adopted by the City Council and signed by its Mayor on Februar 10, 2
Ronald C. Covey, M. or
ATTEST:
APP VED AS TO FORM:
mes A. Whitaker, City Attorney
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CHAPTER 18.53 - FLOOD HAZARD AREAS February 10, 2009
c. If section 18.53.160 G 6a is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Section 18.53.160, Provisions for Flood Hazard Reduction.
7. Recreational Vehicles: Recreational vehicles placed on sites are required to either:
a.Be on site for fewer than one hundred eighty (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 18.53.160 G. 5. above for the elevation and
anchoring requirements for manufactured homes.
8. Wetlands Management: To the maximum extent possible, avoid the short and long term
adverse impacts associated with the destruction or modification of wetlands, especially
those activities which limit or disrupt the ability of the wetland to alleviate flooding
impacts. The following process should be implemented:
a.Review proposals for development within base flood plains for their possible impacts
on wetlands located within the flood plain.
b.Ensure that development activities in or around wetlands 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 of Ecology in identifying wetland
areas. Existing wetland map information from the National Wetlands Inventory (NWI)
can be used in conjunction with the community's FIRM to prepare an overlay zone
indicating critical wetland areas deserving special attention.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
Ronald R. Cone, Finance Director