ORD 2010-38 RELATING TO FLOOD DAMAGE PREVENTION~1~1~~ l~) V~ ~ll~~'V
AN ~YI~AI~E of the pity of Bainbridge Island, 'ashington, relating
to flood damage prevention and mending Section 15 ~ 1 of the Bainbridge
Island Municipal fade ~~ll} to adapt the updated Flood Insurance
Study,
'~~AS, the most recent Flood Insurance Study far I~itsap bounty,
Washington, and incorporated Areas becomes effeet1~e No~en~ber ~, ZOI 0; and
H~~.~AS, Section 15,1~,~3~ BI111I already contains an autarriatic update
clause to irriplerr~ent the mast recent flood study and the accon~panyir~g flood insurance
maps; hoe~rer, the Federal Bn~crgency lanaen~ent Agency ~FB1VlA} has recently
oietermined that the pity's present language, which includes ref erenee to the arigir~ai
flood study franc itsap ount~ end the "Unincorporated" Areas as well as the "pity of
lnsla," must be replaced with reference to the flood study far I~itsap bounty and the
cclnCOrpOrated"Areri; and
~~~~, with this change, the pity's ordinance mill meet the National Flood
Insurance Fraran~ FIp} requirements and the automatic update clause mill be effective
in i~nple~rnenting future flaod studies; nom therefore,
T~I~ CITY ~~I~~L ~` TEL I~ ~F BAINBRIDGE ILANI~~
AI~IN~T~I~, I~~L I~DAIN A F~LL~:
e~tinn 1. Section l.I~,~a of the Bainbridge Island un1cipal fade ~s hereby
anler~ded to read as fallo~vs:
15,1G,O~D e~aeral ~~ovision.
A, sands to 'Lhich This chapter Applies. This chapter shall apply to all
areas of special f~oed hazards lthin the ~urisdictron of the city.
B. Bans far Establishing the Areas of Special Flood Hazard, The areas of
special flood hazard identified by
, , , the Federal Xnsurance
Administration ill a sclent~fic and engineering report entitled, "The Flood
Insurance Study for I~itsa~ ount~~ Incorporated Areas
"dated I~o~emlacr ~ ~a ~ ~ , 1th accampanying
Flood Insurance daps and any ie~iians thereto, is adopted by reference
and declared to be a part of this chapter; tThe Flood insurance Study is
on file at the office of the city clerk,
. Penalties far Noncompliance. Ida structure ar land shall hereafter be
constructed, located, extended, con~rerted, or altered without full
compliance with the terrris of this chapter and other applicable regulations.
violation of the pro~isians of this chapter by failure to comply with any of
its requirements including '~lOlatlan of candittan~ and safeguards
established ~n connect~an with cand~tlans} shall canst1tute a misderr~ear~or.
Any person ~~o violates this chapter or fails to corr~ply with any of its
requirerrients shall upon con~ictian thereofbe fined not more than $5Q0,~0
or imprisoned for not rriore than 9~ days, or both, far each violation, and
in addition shall pay all costs and expenses in~ol~ed in the Casa. Nothing
heroin contained shall prevent the city f'rarn taping such other lawful
action as i necessary to prevent ar remedy any violation.
1~. Abrogation and greater restrictions, This chapter is not intended to
repeal, abrogate ar impair any existing easerrxents, cavena~ats, or deed
restrictions, Hoe~er, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent retrictiaris shall prevail,
~, Interpretation, ~n the interpretation and application of this chapter, all
provisions shall be:
~, onldered ~~ n~1nliYlu~Yi requlrints;
~, Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state
statutes.
~, 'darning a.nd 1~iSClaimer of Liability, The degree of flcad protection
required by this chapter is considered reasonable far regulatory purposes
and i based on scientific and engineering considerations, Larger floods
can and i11 occur on rare occasions, Flood heights rriay be Increased by
manmade ar natural causes, This chapter does not imply that land outside
the areas of special flood hazards or uses permitted within such areas mill
be free from flooding or flood dairiages, This chapter shall not create
liability on the pant of city any officer or employee thereof, or the Federal
Insurance Adn~i~nistration, for any flood damages that result from reliance
on this chapter ar and administrative decision lawfully made hereunder
ectiun , This ordinance shall ta1~e effect and be in force five ~~} days franc its passage,
approval, and publication as required by lam.
PAS F~~ ~Y T~I~ CITY ~~UNIL this ~7t~' day of October, ~~ 1 ~,
APPROVED BY THE MAYOR this 27th day of tober, 2010.
~ 6e~~/~
~ ~
Bab Scales, Mayor
~7`7`~TI~UTH~NTIAT,
4 ~~
R.asal~nd D. ~assof~, ~ lerl~
~II~ED KITH THE CITY LEI ~pte~nber 30, 2~ 1 ~
PAID BY TI~~ ITS ~UIL; c~ob~r ~~, ~OII~
~~F~CTI~~ DATA; N~ve~nber ~, ~~ 1 ~