ORD 2015-28 RELATING TO FLOOD DAMAGE PREVENTIONORDINANCE NO. 2015-28
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to flood damage prevention, amending
Sections 15.16.020, 15.16.030, 15.16.040, and 15.16.050 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
Chapter 15.16 of the Bainbridge Island Municipal Code ("BIMC") 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; and
WHEREAS, in order to ensure Bainbridge Island's participation in the National Flood
Insurance Program (NFIP), the City is required to administer and enforce the floodplain
regulations contained in Chapter 15.16 BIMC, thereby enabling the Federal Emergency
Management Agency (FEMA) to continue to allow flood insurance to be sold in the City;
and
WHEREAS, David Radabaugh, Floodplain Management Specialist from the Washington
State Department of Ecology, met with City staff for a Community Assistance Visit to
review City procedures for administrating and enforcing Chapter 15.16 BIMC; and
WHEREAS, that Community Assistance Visit resulted in suggestions from the
Washington State Department of Ecology to amend Chapter 15.16 BIMC in order to ensure
City compliance with NFIP and state floodplain regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 15.16.020 of the Bainbridge Island Municipal Code is amended to read
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.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.
B.E. "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.
C. "Base flood" means the flood having a 1% chance of being equaled or
exceeded in any given year (also referred to as the "100 -year food"). Desi tial d
on the Flood Insurance Rate_Map by the letters A or V.
D. "Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
E. "Breakaway wall" means a wall that is not part of the structural support of the
building; and is intended through its design and construction to collapse under
specific lateral loading forces, without causing damage to the elevated portion of
the building or supportin foundation system.
F. "Coastal high hazard area" means an area of special flood hazard extendin
from offshore to the inland limit of a primary frontal ([rine along, an open coast and
any other area subject to high velocity wave action from storms or seismic
sources. TI -ie area is designated on the Flood Insurance Rate Map as Zolle VJ-30,
VE or V.
EAG. "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 -.H. "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, drilling operations or storage of equipment or
materials located within the area of flood hazard.
1. "Elevated building" ans for insurance purposes, a non -basement building,
that has its lowest elevated floor raised above ground level by foundation walls,
shear walls, post, piers, pilings, or columns.
J. "Elevation Certificate" means the official farm (FE -MA Form 8.1_-31) used to
track development, provide elevation information necessary_ to ensure compliance
with community floodplain management ordinances, and determine the proper
insurance premium rate with Section B completed by community officials.
G -:K. "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.
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ISL. "Flood Insurance Rate Map" or "(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.
L.M. "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.-N. "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.
O. "Increased cost of compliance" or "ICC" means a flood insurance claim
payinent of tip to `30,000 made directly to a property owner for the cost to comply
with floodplain manag_einent regulations alter a direct physical loss caused by a
flood. Eligibility for an ICC claim can be through a single instance of"substantial
damage" or as a result of a "cumulative substantial damage."
ISP. "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.
&Q "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 R. "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 -.S. "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 -T. "Recreational vehicle" means a vehicle:
1. Built on a single chassis;
2. Four hundred 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
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4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
€ U. "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. For a substantial improvement, tile_ actual start of construction
mcajis the first alteration of any wall ceiling, floor, or other structural part of a
buildings whether or not that alteration affects the external dimensions of the
building.
Q -.V. "Structure" means a walled and roofed building including a gas or liquid
storage tank that is principally above ground.
W. "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 50 percent of the market value of the structure before the damage
occurred.
R—X. "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:
Any project for improvement of a structure toal'°
solely neeessa:ryto aa: -safe living correct nre-cited
existing violations of state or local health, sanitary, or safety code
specifications which have been previously identified by the local code
enforcement official and which are the minimum necessary to ensure
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.
8-.Y. "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 -.Z. "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.
Section 2. Section 15.16.030.13 of the Bainbridge Island Municipal Code is amended to
read as follows:
B. 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 Kitsap County
and Incorporated Areas" dated November 4, 2010, 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. The best available inforn-iation for flood hazard area identification
as outlined in BIMC 15.16.040.D.2 shall be the basis for ret;ulation._until a new
FIRM is issued that incorporates data utilized under BIMC 15.16.040.D.2.
Section 3. Section 15.16.040.E of the Bainbridge Island Municipal Code is amended to
read as follows:
E. Variance Procedure.
1. Appeal Board.
a. Pursuant to BIMC 2.16.100, the hearing examiner shall hear and decide
appeals and requests for variances from the requirements of this
chapter, and appeals alleging error in any requirement, decision, or
determination made by the building official in the enforcement or
administration of this chapter.
b. The decision of the hearing examiner shall be final unless, within 21
days after issuance, it is appealed in accordance with Chapter 36.70C
RCW.
c. In passing upon such applications, the applicable city official or appeal
entity shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter, 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;
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iii. 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 uses 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 times of flood for ordinary
and emergency vehicles;
x. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if
applicable, 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 and water systems, and
streets and bridges.
d. Upon consideration of the above factors and the purposes of this
chapter, the applicable official or city entity may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
e. The building official shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Administration upon
request.
2. Conditions for Variances.
a. Generally, the only condition under which a variance from the elevation
standard may be issued is 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 base flood level, providing subsections E.l.c.i
through E.I.c.xi of this section have been fully considered. As the lot
size increases, the technical justification required for issuing the
variance increases.
b. Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places that will not preclvide
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 without regard to the procedures set forth in
this section.
c. Variances shall not be issued within a designated floodway if any
increase in flood levels during the base flood discharge would result.
Co
d. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
e. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
iii. A determination that the granting of a variance will not result in
increased expense, create nuisances, cause fraud on or
victimization of the public as identified in subsection E. Lc of this
section, or conflict with existing local laws or ordinances.
f. Variances 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
the structure, its inhabitants, economic or financial circumstances. They
primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be
quite rare.
g. Variances may be issued for nonresidential 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 subsection (2)(a) of this section, and otherwise complies with
BIMC 15.16.050.
h. Any applicant to whom a variance is granted shall be given written
notice, signed by the building, o['licial, 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.
Section 4. Section 15.16.050.0 of the Bainbridge Island Municipal Code is amended to
read as follows:
C. Utilities.
1. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system. Water
wells shall be located on high ground that is not in the floodway;
2. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and
discharge from the systems into floodwaters; and
3. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
Section 5. Section 15.16.050.F.3 of the Bainbridge Island Municipal Code is amended to
read as follows:
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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 or to the height of the 500- ear 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 floodwaters. Access
routes elevated to or above the level of the base floodplain shall be provided to all
critical facilities to the extent possible.
Section 6. Section 15.16.050 of the Bainbridge Island Municipal Code is amended to add
the following sections following Section 15.16.050.H:
1. Habitat Impact Assessment. Unless allowed under 131MC 15.16.050.x a permit
application to develop in the regulatory floodplain shall include an assessment of the
impact of the pyoject on federal state or locally protected species and habitat water
duality and aquatic and riparian habitat. The assessment shall be performed by a
qualified professional as defined by BIMC 16.20. The assessment shall be:
1. A biological evaluation or biolo ical assessment developed per 50 QFR
402.12 to initiate federal interagency consultation under Endan =egered
Species Act Section 7(a)(2)
2. Documentation that the activity fits within Section 4(d) of the
Endangered Species Act; or
3. Documentation that the activit fits within a habitat conservation plan
approved pursuant to Section 10 of the Endangered Species Act, where
any such assessment has been prepared or is otherwise made availably
or
4. An assessment prepared in accordance with Floodplain Habitat
Assessment and Mitigation Draft Regional Guidance. 201 l , FEMA
Region 10. The assessment shall determine if the project would
adversely affect:
a. Species that are federal state, or local listed as threatened or
e_ndang,ered,
b. Therp imary constituent elements for critical habitat, _ when
designated,
c. Essential fish habitat designated by the National Marine Fisheries
Service (NMFS),
d. Fish and wildlife habitat conservation areas
e. Other protected area: and elements necessM t'or specie
conservation.
,i. Habitat Mitigation flan.
1. If the assessment conducted under subsection I of this section concludes
the project is expected to have an adverse effect on water equality and/or
aquatic or ri aritm habitat or habitat functions flie applicant shrill arovidc
a plan to mitigate those impacts, in accordance with Floodplain Habitat
Assessment and Mitigation Draft Re ioval Guidance, 2011, FEMA
Re ion n 10.
a. If the USFWS or NMFS issues an incidental take pennit under
Section 10 of the Endangered Species Act,_ur biological opinion
under this section, the permit can be considered to qualify as a
plan to mitigate those impacts.
b. If the project is located outside the protected area, the mit ation
Calan shall include such avoidance, minimization, restoration, or
compensation measures so that indirect adverse effects of
development in the floodplain ,effects to stormwater, riparian
vegetation, bank stability, channel migration, hyporheic zones,
wetlands, large woody debris, etc.) are mitigated such that
equivalent or better habitat protection is provided.
c. No new stream crossings are allowed outside the protected area
unless approval has been obtained as stated in subsection J. La. of
this section.
d. If the project is located in the protected area, the mitigation plan
shall stipulate avoidance measures as are needed to ensure that
there is no adverse effect dewing any_plrase of the project.
2. Theplan's habitatmitigation ation activities shall be incorporated into the
proposed project. The floodplain development permit shall be based on
the redesigned project and its mitigation components.
3. As required in BIMC 15.16.040, the building official shall not issue a
certification of use or a certificate of occupancy until all work identified
in the habitat assessment and mitigation plan has been completed or the
applicant has provided the necessary assurance that unfinished portions of
the project will be completed, in accordance with BIMC 15.16.030.E.
K. The following activities do not require the habitat impact assessment required
under BIMC. 15.16,050.1, provided that all other requirements are met, including
federal, state, and local requirements: ^
1. Repair or remodel of an existing structure, if the repair or remodel is not
a substantial improvement or a repair of substantial damage.
2. Expansion of an existing ,structure that is not greater than 10 percent
beyond its existing footprint; provided, that the repair or remodel is not a
substantial improvement or a repair of substantial damage. This
measurement is counted cumulatively from September 22, 2011.
3. Activities with the sole purpose of creating, restoring, or enhancing
natural functions associated with floodplains streams lakes estuaries,
marine areas, habitat, and riparian areasprovided the activities do not
include structures, grading, fill, or impervious surfaces.
4. Development of open space and recreational facilities, such as parks and
trails, that do not include structures, fill, impervious surfaces or removal
of more than five percent of the native vegetation on that portion of the
property in the reatlatory floodplain.
S. Repair to on-site septic systems provided the ground disturbance is the
minimal necessary,
6. Alterations in response to emergencies which threaten the public health,
safety and welfare or which pose an imminent risk of damage to private
property consistent with the requirements of BIMC 16.12.060.B.
7. Routine maintenance of landscaping that does not involve gradin
excavation, or filling.
8. Removal of noxious weeds and replacement of nonnative vegetation
with native vegetation provided no earth movement occurs.
9. Removal of hazard trees consistent with the requirements of BIMC
18.15.010, Chapter 16.18 BIMC, and BIMC 16.12.030,
10. Normal maintenance of structures, such as reroofing and replacing
siding, provided such work does not qualify as a substantial
improvement.
11. Normal maintenance of above -p -round utilities and facilities, such as
replacing downed power lines and utility poles.
12. Normal street and road maintenance, including filling potholes.
repaving.. and lnstallingsigns and traffic sumpals, but not including
expansion of paved areas.
13. Normal maintenance of a_levee or other flood control facility_ prescribed
in the operations and maintenance plan for the levee or flood control
facility are allowed in the regulatory floodplain without need for a
floodplain development permit. Normal maintenance does not include
repair from flood damage, expansion of the prism, expansion of the face
or toe or addition for protection on the face or toe with rock armor.
14. Normal maintenance, operation or repair of publicly improved recreation
areas as lop as as any such activity does not include expansion of uses
and/or facilities into a previously unimproved portion of the re u�ry
floodplain and is consistent with the standards of Chapter 16.20 BIMC
Critical Areas, best available science or adaptive management Plans as
recognized by the city.
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IS. Site investigative work and studies necessM for preparing land Use
applications.
Section 7. 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 8. 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 22"0 day of September, 2015.
APPROVED BY THE MAYOR this 22nd day of September, 2015.
Anne S. Blair, Mayor
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK: September 10, 2015
PASSED BY THE CITY COUNCIL: September 22, 2015
PUBLISHED: September 25, 2015
JEFFECTIVE DATE: September 30, 2015
ORDINANCE NO: 2015-28
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