ORD 2005-05 FLOOD DAMAGE PREVENTIONORDINANCE NO. 2005-05
(Formerly 2004-29)
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to flood damage prevention,
amending sections 15.60.020, 15.16.030.B,
15.16.040.D.3.a, 15.16.050.H, 15.16.050.G of the
Bainbridge Island Municipal Code.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994,
establishing goals and policies for flood damage prevention and codified those goals and
policies in the Bainbridge Island Municipal Code Chapter 15.16 to protect against the loss
of life, property, and health and safety hazards; and
WHEREAS, in accordance with RCW 36.70A, the Growth Management Act,
development regulations must be adopted that implement the Comprehensive Plan;
WHEREAS, in order ensure Bainbridge Island's participation in the National
Flood Insurance Program (NFIP) by administering and enforcing the floodplain
regulations contained in BIMC 15.16, thereby enabling the Federal Emergency
Management Agency (FEMA) to continue to allow flood insurance to be sold in the city;
and
WHERAS, Charles Steele, Floodplain Management Specialist from the
Washington State Department of Ecology, met with City staff on September 10, 2004 for
a Community Assistance Visit to review City procedures for administrating and enforcing
B1MC Chapter 15.16; and
WHEREAS, that Community Assistance Visit resulted in suggestions from
Charles Steele to amend BIMC Chapter 15.16 in order to ensure City compliance with
NFIP and state floodplain regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN, as follows:
Section 1. Section 15.16.020 of the Bainbridge Island Municipal Code is amended as
follows:
15.16.020 Definitions. Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they have in common usage
and to give this chapter its most reasonable application.
A. Repealed by Ord. 2003-22.
B. "Area of shallow flooding" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a
clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and, velocity flow may be evident. AO is characterized as sheet
flow and AH indicates ponding.
C. "Area of special flood hazard" means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. Designation on map always includes the letters A or V.
D. "Basement" means any area of the building having its floor sub-grade (below
ground level) on all sides.
E_E_. g~. "Critical facility" means a facility for which even a slight chance of flooding
might be too great. Critical facilities include, but are not limited to schools,
nursing homes, hospitals, police, fire and emergency response installations,
installations which produce, use, or store hazardous materials or hazardous waste.
F_ ]g. "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, excavation, o~ drilling operations or storage of equipment or
materials located within the area of flood hazard
G._:. ~.. "Flood" or "flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1, The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation or runoff of surface waters from any
source.
H.__~. G:. "Flood Insurance Rate Map (FIRM)" means the official map on which the
Federal Insurance Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
I_. t4:. "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the flood boundary-
floodway map, and the water surface elevation of the base flood.
J_ /-:. "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.
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K. ~. "Lowest floor" means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood-resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an. area other than a basement area, is not
considered a building's lowest floor; provided, that such enclosure is not built so
as to render the structure in violation of the applicable nonelevation design
requirements of this chapter.
L.~. K--:. "Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed on a site for greater
than 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" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
N. M. "New construction" means structures for which the start of construction
commenced on or after the effective date of the ordinance codified in this chapter.
O. "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 track; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
P~ ~. "Start of construction" includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or 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.
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O. O,. "Structure" means a walled and roofed building including a gas or liquid
storage tank that is principally above ground.
R__ la. "Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure.
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 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.
S_ ~. "Variance" means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be prohibited by this
chapter.
T.~. t~. "Water dependent" means a structure for commerce or industry which
cannot exist in any other location and is dependent on the water by reason of the
intrinsic nature of its operations. (Ord. 2003-22 § 21, 2003; Ord. 88-22 § 2, 1988)
Section 2: Section 15.16.030.B of the Bainbridge Island Municipal Code is amended as
follows:
15.16.030 General provisions.
B. Basis For Establishing the Areas of Special Flood Hazard. The areas of special
flood hazard identified by the May 15, 1980 Kitsap County Map Panels 120, 205,
210, 215, 220, and 310, and the Federal Insurance Administration in a scientific
and engineering report entitled, "The Flood Insurance Study for the City of
Winslow" dated February 5, 1986, with accompanying Flood Insurance Maps and
any revisions thereto, is adopted by reference and declared to be a part of this
chapter; The Flood Insurance Study is on file at the office of the city clerk.
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Section 3: Section 15.16.040.D of the Bainbridge Island Municipal Code is amended as
follows:
D. Duties and Responsibilities of the Building Official. Duties of the building
official shall include, but not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit requirements
of this chapter have been satisfied,
b. Review all development permits to determine that all necessary permits
have been obtained from those federal, state, or local governmental agencies
from which prior approval is required,
c. Review all development permits to determine if the proposed development
is located in the floodway. If located in the floodway, assure that the
provisions of BIMC 15.16.050.G are met;
2. Uses of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with BIMC 15.16.030:B, the building official shall obtain,
review, and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source, in order to administer BIMC
15.16.050.F and 15.16.050. G;
3. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance
Study or required as in subsection E.2 D.2 of this section, 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 floodproofed structures:
i. Verify and record and actual elevation (in relation to mean sea level),
and
ii. Maintain the floodproofing certifications required in subsection B.3 of
this section,
c. Maintain for public inspection all records pertaining to the provisions of this
chapter;
4. Alteration of Watercourses.
a. Prior to any alteration or relocation of a watercourse, the applicant shall
obtain a Hydraulic Proiect Approval (I-IPA) from the Washington State
Department of Fish and Wildlife, Nnotify adjacent communities and the
Washington State Department of Ecologyv ~.4^~ ........ ' ...... ~ ........... ~+~+;^~' zr re!ecati~n
of a ;vatercourse, and submit evidence of such notification and the HPA to the
Federal Insurance Administration,
b. Require that maintenance is provided within the altered or relocated portion
of said watercourse so that the flood carrying capacity is not diminished;
5. Interpretation of FIRM Boundaries. 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 as provided in subsection E of
this section.
Section 4: Section 15.16.050.F of the Bainbridge Island Municipal Code is amended as
follows:
F. Specific Standards. In all areas of special flood hazards where base flood
elevation data has been provided as set forth in Section 15.16.030.B or Section
15.16.040.D.2, the following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot or more
above base flood elevation.
b. 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:
i. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall
be provided.
ii. The bottom of all openings shall be no higher than one foot above
grade.
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iii. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of
floodwaters.
2. Nonresidential Construction. New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated one foot 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 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 construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based on their development
and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in Section
15.16.040D3b.
d. Nonresidential structures that are elevated, not floodproofed, must meet the
same standards for space below the lowest floor as described in subdivision 1
of this subsection.
e. Applicants floodproofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one foot below the
floodproofed level (e.g., a building floodproofed to one foot above the base
flood level will be rated as at the base flood level).
3. Critical Facility. Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the base floodplain. Construction of new
critical facilities shall be permissible within the base floodplain if no feasible
alternative site is available. Critical facilities constructed within the base
floodplain shall have the lowest floor elevated to three feet or more above the
level of the base flood elevation at the site. Floodproofing and sealing measures
must be taken to ensure that toxic substances will not be displaced by or released
into floodwaters. Access routes elevated to or above the level of the base
floodplain shall be provided to all critical facilities to the extent possible.
4. Manufactured Homes. All manufactured homes to be placed or substantially
imp dpl '~
roved within the floo ain 7 .... A~ ~r~ Au ~ ^.F. cn *~'~ cc~'n~ "s
F?~.{ shall be elevated on a permanent foundation such that the lowest floor of
the manufactured home is one foot or more above the base flood elevation; and be
securely anchored to an adequately anchored foundation system in accordance
with the provisions of subdivision A.2 of this section. ~'; ........ ~' ~;~ *~
5. Recreational Vehicles. All recreational vehicles placed on sites are required to
either:
a. Be on the site for fewer than 180 consecutive 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 15.16.050.F.4 above and the elevation and
anchoring requirements for manufactured homes.
Section 5: Section 15.16.050.G of the Bainbridge Island Municipal Code is amended as
follows:
G. Floodways. Located within areas of special flood hazard established in Section
15.16.030.B are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters which carry debris,
potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements and other development unless certification by a registered
professional engineer ~ is provided demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachments shall would not result in
any increase in flood levels during the occurrence of the base flood discharge.
2. Construction or reconstruction of residential structures is prohibited within
designated floodways, except for:
a. Repairs, reconstruction or improvements to a structure which do not
increase the ground floor area; and
b. Repairs, reconstruction or improvements to a structure, the cost of
which does not exceed 50 percent of the market value of the structure
eith~ as determined:,
i. Before the repair or reconstruction ~ is started, or
ii. Tr ,+,~ ~+~,~+ .... "~ *'~" '~ ..... '~ Before damage occurred if the
structure "--'~ is being restored, befcrz
:flh'llJ~J ;~ +~ ~n ...... + ~y proiect for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living
conditions, or to structures identified as historic places, may be excluded
in the 50 percent. Limitation of subsection b, above.
3. If subdivision 1 of this subsection is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of this section.
Section 6. Relationship to other building and zoning provisions. To the extent that the
requirements set forth in the provisions of this ordinance amending or adding sections to
the Bainbridge Island Municipal Code are inconsistent with requirements set forth in
other City code provisions, the requirements set forth in this ordinance shall supersede
the requirements in the other City code provisions.
Section 7. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 12th day of January, 2005.
APPROVED BY THE MAYOR this
13th day of January, 2005.,
Darlene Ko donowy, Mayor / /
ATTEST/AUTHENTICATE:
S~usan P. K~sper, City Clerk'
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
ORDINANCE No.: 2005-05
November 2, 2004
January 12, 2005
January 19, 20125