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Ordinance 03-051 Adopts Flood Damage Protection of County Code • CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 51 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTER 3.20 OF THE SPOKANE COUNTY CODE ENTITLED "FLOOD DAMAGE PROTECTION." WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003: WHEREAS,the City is required to comply with the National Flood Insurance Program and protect the public health and safety by identifying, cooperating and controlling floodplain areas in order to prevent aggravation of existing hazards; and WHEREAS,the City is desirous of adopting by reference the Spokane County Code related to flood damage protection as well as the studies conducted by Spokane County which identify flood hazard areas and provide for flood and wetlands management in order to ensure the public health and safety. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Authority to Adopt Flood Damage Protection Chapter. Pursuant to RCW Chapter 35A.11.020 and RCW 35A.12.140, the City adopts by reference Chapter 3.20 entitled "Flood Damage Protection" of the Spokane County Code which is attached hereto as Exhibit"A" and by this reference incorporated herein as if fully set forth. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code,or any other law,rule or regulation referenced in the attached critical areas is necessary or convenient to establish the validity,enforceability or interpretation of the critical areas, then such provision of the Spokane County Code,or other law,rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Critical Areas Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies,at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Flood Damage Protection Map. The City Clerk is to maintain one copy on file of the Critical Areas Regulations adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Page 1 P O,aloacc s OrdinnMC No.51,Flood H.rarL.3-10-03.4co Section 6. Severability. If any section,sentence,clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date.This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this // day of March, 2003. Mayor, Michael DeVle „ .g ATTEST: 72-e,„ Interim City Clerk,Ruth Muller Approved as to Form: I, to ' City o y, Stanle M. Schwartz Date of Publication: ittAn.c.4 27/ ze03 Effective Date: indrA, 31� "3 Page 2 P.SOn onaelOidinsace No,3I,Fbod Ftunrd,9-I0'09.6oc • Chapter 3.20 FLOOD DAMAGE PROTECTION 3.20.010 Intent. 3.20.020 Authorizations. 3.20,030 Purpose, 3.20.040 Definitions. 3.20.050 Lands to which chapter applies. 3.20,060 Basis for establishing the areas of special flood hazard. 3.20.070 Critical facilities. 3.20.080 Chester Creek flood zone. 3.20.090 Wetlands management. 320.100 Abrogation and greater restrictions. 3.20.110 Warning and disclaimer of liability. 3.20.120 Establishment of development permit. 3.20.130 Designation of the county engineer. 3.20.140 Duties'and responsibilities of the county engineer. 3.20.150 Duties and responsibilities of the county department of building and safety director, 3.20.160 Duties and responsibilities of the county planning directo�- 3.20.170 Duties and responsibilities of the utilities director. 120.1 180 Appeal procedure—Appeal bo_Ord 3,20,190 Appeal board appointment. 3,20,200 Appeal board proceedings. 3.20.210 Appeal board—Authority. 3.20.220 Submission of appeal. 3.20.230 Considerations on appeal. 3.20.240 Deference accorded to coup y engineer—Appeals. 3.20.250 Decisions of appeal board. 3.20.260 Variance—Attachment of conditions. • 3.20.270 Appeals—Recordkeepinq, 3.20.280 Conditions for variances. 3.20.290 Appeal to board of county commissioners, 3.20.300 Appeal to court. 3.20.310 Provisions for flood hazard Protection---Generally. 3,20.320 Anchoring. 3.20.330 Construction materials and methods. 3.20.340 Utilities. 3,20.350 Subdivision and otherproposed developments. 3.20.360 Review of building permits. 3.20.370 Specific standards. 3.20.380 Residential construction, 3.20.390 Nonresidential construction. 3.20.400 Manufactured homes. 3.20.410 Encroachments. 3.20.420 Floodways. 3.20.430Water-dependent works. 320.440 Standards for shallow flooding areas(AO zones). 3.20.450 Special requirements—Chester Creek flood zone. 3.20.460 Fee schedule. 3.20.470 Violation—Penalty. 3.20.480 Stop orders. 3.20.490 Severability; 3.20.500 Fee schedule. 3.20.010 Intent. The ordinance codified in this chapter assures the Federal Flood Insurance Administration that it is the intent of the county to comply with the requirements of the National Flood Insurance Program as more specifically stated in this chapter. (Res. 90-0415 Attachment A(part), 1990) 3.20.020 Authorizations. The ordinance codified in this chapter authorizes and directs the county director of building and safety, the county planning director, the county utilities director and the county engineer(acting as coordinator)to: (1)Assist the flood insurance administrator at his/her request in delineating the limits of the area having special flood hazards on available local maps of sufficient scale to identify the location of building sites; (2) Provide such information as the flood insurance administrator may request and as may be locally available concerning present uses and occupancy of the floodplain area; (3) Cooperate with federal, state and local agencies and private firms which undertake to study, survey, map and identify floodplain areas and cooperate with neighboring communities with respect to management of adjoining floodplain areas in order to prevent • aggravation of existing hazards; (4) Submit to the flood insurance administrator periodic reports as the insurance administrator may require. (Res. 90-0415 Attachment A(part), 1990) 3.20.030 Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare of minimizing public and private losses due to flood conditions in specific areas. (Res. 90- 0415 Attachment A(part), 1990) 3.20.040 Definitions. Unless specifically defined in this section, 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. (1) "Appeal" means a request for review of an administrative determination by the county engineer under the provisions of this chapter or request for variance. (2) 'Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM) and which has the following characteristics: (a)The base flood depths range from one to three feet; (b)A clearly defined channel does not exist; (c)The path of flooding is unpredictable and indeterminate; (d)Velocity flow may be evident; and (e) "AO" is characterized as sheet flow and"AH" indicates ponding. (3) "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. (4) "Base flood"means the flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the"one-hundred-year flood." (5) "Critical facility" means a facility for which even a slight chance of flooding would be too great Critical facilities include, but are not limited to, schools, hospitals, police, fire and emergency response installations,.nursing homes or installations which produce, use or store hazardous materials or hazardous waste. (6) "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 or drilling operations located within the area of special flood hazard. (7) "Development permit" means written approval applied for and obtained in accordance with such general rules and regulations as established under provisions of this chapter. (8)"Fill" means any material, such as earth, clay, sand, concrete, rubble, wood chips, bark or waste of any kind which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. (9) "Flood" or"flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a)The overflow of inland waters; and/or (b)The unusual and rapid accumulation of runoff of surface waters from any source. (10) "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. (11)"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. (12) "Floodplain" means a land area adjoining a river, stream, watercourse, major drainageway or lake which is likely to be flooded. (13)"Floodproofing"means any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damages to lands, water and sanitary facilities, structures and contents of buildings. (14) "Flood protection elevation" means one foot above the base flood elevation. (15) "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. (16) "Floodway fringe" means that portion of a floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage areas for floodwaters. (17) "Lowest flood" means the lowest flood 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 subsection (b) of Section 3.20.380 of this chapter. (18) "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 one hundred eighty consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. (19)"New manufactured home park or manufactured home subdivision"means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. (20) "New construction"means structures for which the"start of construction" commenced on or after the effective date of this chapter. (21) "Start of construction" includes substantial improvements 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 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 slabs 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 foundations 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. (22)"Structure"means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground. (23)"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the fair market value of the structure either. (a) Before the improvement or repair is started; or (b) 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 (c)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 (d)Any alteration of a structure listed on the National Register of Historic Places, a State Inventory of Historic Places or locally designated landmarks. (24)"Unnumbered A zones" means the special flood hazard areas where detailed engineering studies are not available for floodplain management. On-site inspections may be necessary in order to determine from the best available information the elevation of the regulatory flood in such areas. (25)"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. (26)'Wetland"means those areas that are inundated by water with a frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats and natural ponds. (27)'Works"means any bulkhead, dock, dam, wall, wharf, embankment, levee, dike, pile, bridge, improved road, abutments, projection, excavation, channel rectification, conduit, culvert, wire,fence, rock, gravel, refuse, fill or other similar modification or improvement attached to or affixed upon, the realty. (Res. 90-0415 Attachment A (part), 1990) 3.20.050 Lands to which chapter applies. This chapter-shall apply to all areas of special flood hazards within the jurisdiction of the county. (Res. 90-0415 Attachment A(part), 1990) 3.20.060 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 Spokane County" with accompanying Flood Insurance Maps, dated May 17, 1988, and any revisions thereto, are adopted by reference and declared to be a part of this chapter. Copies of said study, maps and any revisions are available at the office of the county engineer. (Res. 90-0415 Attachment A (part), 1990) 3.20.070 Critical facilities. Critical facilities should be afforded additional flood protection due to their nature. The five- hundred-year frequency flood shall be used as a minimum standard instead of the one- hundred-year frequency flood as used for other types of development. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the five-hundred-year floodplain, if identified on the community's FIRM. Construction of new critical facilities shall be permissible within the five-hundred-year frequency floodplain if no feasible alternative site is available. Critical facilities constructed within the five-hundred year frequency floodplain shall have the lowest flood elevated to or above the level of the five-hundred-year frequency flood. 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 five-hundred-year frequency flood shall be provided to all critical facilities to the extent possible. (Res. 90-0415 Attachment A (part), 1990) 3.20.080 Chester Creek flood zone. The floodplain in the lower reaches of Chester Creek, from Mohawk Road to Sprague Avenue, serves as a large percolation or recharge area. Since the creek has no natural outlet to the Spokane River, floodwaters are disposed of naturally through percolation. Because of the importance of the Chester Creek floodplain for disposal, as well as storage of floodwaters, special requirements, as specified in Section 3.20.450, apply to • development in the Chester Creek flood zone. (Res. 90-0415 Attachment A(part), 1990) 3.20.090 Wetlands management. Proposals for development within special flood hazard areas shall be reviewed for possible impacts on wetlands located within the floodplain and identified in the National Wetlands Inventory. The development proponent shall provide sufficient information to allow the county engineer to 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 hazards. (Res. 90-0415 Attachment A(part), 1990) • 3.20.100 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. (Res. 90-0415 Attachment A (part), 1990) 3.20.110 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered by the Federal Flood Insurance Administrator to be reasonable for regulatory purposes, as based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter 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 chapter shall not imply or create liability on the part of the county or any officer or employee thereof, for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made hereunder. The county does not warrant the accuracy of the final flood elevation determinations by the Federal Flood Insurance Administrator, required for adoption by the county. (Res. 90-0415 Attachment A(part), 1990) 3.20.120 Establishment of development permit. No development, structure, manufactured home, works or fill shall be undertaken, constructed, located, extended, connected or altered on any property all or a portion of which is in any area of special flood hazard established in Section 3.20.060 without first obtaining a development permit Application for a development permit shall be made to the county engineer on forms furnished by the county engineer and shall include, but not be limited to: plans in multiple copies drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, works, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level, United States Geological Survey(USGS), if available, of the lowest floor(including basement)of all structures; and (2) Elevation in relation to mean sea level, as defined by USGS, if available, to which any structure or works has been floodproofed; and (3) Certification by a licensed civil engineer or licensed architect, registered as such by the state of Washington, that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 3.20.390; and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (5)When USGS benchmarks are not available, the elevation can be measured from any base elevation data available from a federal, state or other source. The above information will be maintained in the office of the county engineer as specified in subsection (2)of Section 3.20.140. (Res. 90-0415 Attachment A(part), 1990). 3.20.130 Designation of the county engineer. The county engineer is appointed as coordinator to administer and implement this chapter by granting or denying development applications in accordance with its provisions. (Res. 90-0415 Attachment A(part), 1990) 3.20.140 Duties and responsibilities of the county engineer. Duties of the county engineer 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) Notify applicants of known related permits required by federal, state or local agencies; (c) Impose conditions in conjunction with the approval of development permits necessary to ensure compliance with the purposes and provisions of this chapter, • (d) Review all development permits to determine if the proposed development is located in the floodway and to ensure that the encroachment provisions of Sections 3.20.410 and 3.20.420 are met. (2) Information to be Obtained and Maintained. • (a)The county engineer shall obtain and record the actual elevation (in relation to mean sea level), if available, (see subsection (5) of Section 3.20.120) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement. (b)The county engineer shall for all new or substantially improved floodproofed structures: (i) Obtain and record the actual elevation (in relation to mean sea level) if available(see subsection (5)of Section 3.20.120); and (ii) Maintain the floodproofing certifications required in subsection (3)of Section 3.20.120. (c)The county engineer shall obtain engineering studies from development proponents showing the impact of the proposed development on the base flood elevation as required in Sections 3.20.410 and 3.20.420. (d)The county engineer shall maintain for public inspection all records pertaining to the provisions of this chapter. (e)The county engineer may require a certification of the actual-elevations required in subdivisions(a) and (b) of this subsection. The certification shall be stamped and signed by a licensed land surveyor, registered as such by the state of Washington. (3) Use of Other Base Flood Data. When base flood elevation data has not been provided • in accordance with Section 3.20.060, the county engineer shall: (a)Obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source; (b) Review all development proposals in accordance with Sections 3.20.380, 3.20.390, 3.20.400 and 3.20.430, and require compliance with the standards of said sections. (4)Alteration of Watercourses. (a)The county engineer shall notify adjacent communities and the Washington Department of Ecology prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration. (b)The county engineer shall 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. The county engineer shall 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 the actual field conditions). The person contesting the location of the boundary may appeal the • interpretation as provided in Sections 320.210 through 3.20.300. (6) Subdivision and Other Proposed Developments. (a)The county engineer shall review all development proposals to ensure they are consistent with the need to minimize flood damage. These development proposals include, but are not limited to: (i)Subdivision approval; (ii) Short plat approval; (iii) Planned unit developments; (iv) Zone changes; (v) Permits required under RCW Chapter 90.58 (the Shorelines Management Act); (vi) Conditional use permits; (vii)Variances from the county zoning ordinance; (viii) Building permits as specified in subsection (a)of Section 3.20.150; (ix) Exemptions to the above. (b)The county engineer will furnish conditions for development approval when requested by the county planning director as:outlined in Section 3.20.160. . (c)The county engineer shall ensure compliance with subsections (a), (c), (d) and (e) of Section 3.20.350. (Res. 90-0415 Attachment A (part), 1990) 3.20.150 Duties and responsibilities of the county department of building and safety director. (a) Permit Review. The department of building and safety director shall not issue a building permit until the development permit required in Section 3.20.120 has been approved and issued by the county engineer. (b) Standards for Anchoring, Floodproofing and Construction of Fully Enclosed Areas Below the Lowest Floor. The department of building and safety director shall review all anchoring and floodproofing certifications and building permits for structures with fully enclosed areas below the lowest floor that are subject to flooding to ensure that the requirements of Sections 3.20.320, 3.20.330, 3.20.380(b) and 3.20.390 are met. (Res. 90- 0415 Attachment A(part), 1990) 3.20.160 Duties and responsibilities of the county planning director. The county planning director shall request conditions of development approval for the proposals listed in subdivision (a)of subsection (6) of Section 3.20.140 from the county engineer and the county utilities director. (Res. 90-0415 Attachment A(part), 1990) 3.20.170 Duties and responsibilities of the utilities director. The utilities director shall review and condition any permits for development and development proposals listed in subdivision (a) of subsection (6) of Section 3.20.140 which come before him/her for new or replacement water supply systems and/or sanitary sewer systems within the area of special flood hazard to ensure compliance with Section 3.20.340 and subsection (b) of Section 3.20.350. (Res. 90-0415 Attachment A(part), 1990) 3.20.180 Appeal procedure--Appeal board. The development/approach appeal board is established by the board of county commissioners and shall hear and decide appeals under the authority of this chapter and Chapter 9.14 of this code. The appeal board shall consist of three voting members appointed by the board of county commissioners, including one architect, one civil engineer and one contractor, each properly licensed under the laws of the state of Washington. The members shall be compensated as directed by the board of county commissioners. The county engineer or designee shall act as secretary to the appeal board and is entitled to participate in proceedings before the board as an interested party. (Res. 90-0415 Attachment A(part), 1990) 3.20.190 Appeal board appointment. All appointments to the appeal board shall be made from residents of the county. The board members shall serve staggered three-year terms; provided, that the initial members shall be appointed so that one member is appointed to a one-year term, another to a two- year term and the third to a three-year term. Vacancies shall be filled by appointment for the remainder of the term of the position vacated. (Res. 90-0415 Attachment A(part), 1990) 3.20.200 Appeal board proceedings. The members of the appeal board shall annually elect a chairman and a vice-chairman to act in the absence of the chairman. The appeal board is authorized and directed to adopt rules and regulations for the conducting of business. A quorum consisting of at least two voting members shall be necessary to transact business and a majority vote of said quorum shall be necessary to take action on any matter coming before the appeal board. Appeal hearings shall be conducted in public and in an informal manner. Meetings of the board shall be held in accordance with the Open Public Meetings Act, RCW Chapter 42.30, unless the only business transacted by the board is an appeal hearing. All appeal hearings shall be recorded electronically. (Res. 90-0415 Attachment A(part), 1990) 3.20.210 Appeal board--Authority. The development/approach appeal board shall hear and decide appeals of administrative determinations made by the county engineer under this chapter and appeals constituting requests for variance from the requirements of this chapter. Only a person aggrieved may appeal under this section. (Res. 90-0415 Attachment A(part), 1990) 3.20.220 Submission of appeal. All appeals shall be in writing and submitted with the appeal fee specified in Section 3.20.500. The appeal and the fee must be received within ten calendar days of the approval, decisions or determination being appealed. The appeal board.shall cause a written notice to be provided to the appellant and other interested parties of the place and date of the appeal hearing at least ten days prior to the hearing date. All appeals shall specify the grounds under which relief is sought. (Res. 90-0415 Attachment A (part), 1990) 3.20.230 Considerations on appeal. In passing upon appeal, the development/approach appeal board shall consider the recommendations of the county engineer, all technical evaluations, the standards specified in other sections of this chapter and all relevant factors, including, but not limited to: (1) The danger that materials may be swept onto other lands to the injury of others; (2)The danger to life and property due to flooding or erosion damage; (3)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, (4)The importance of the services provided by the proposed facility to the community; (5)The necessity to the facility of a waterfront location, where applicable; (6)The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; (7)The compatibility of the proposed use with existing and anticipated development (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9)The safety of access to the property in times of flood for ordinary and emergency vehicles; (10)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 (11) 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. (Res. 90-0415 Attachment A(part), 1990) 3.20.240 Deference accorded to county engineer--Appeals. Due deference shall be given to the specialized knowledge and expertise of the county engineer in any administrative or judicial appeal under this chapter. (Res. 90-0415 Attachment A(part), 1990) 3.20.250 Decisions of appeal board. The appeal board shall, in conformity with this chapter, reverse or affirm, wholly or in part, or shall modify the administrative determination of the county engineer that is being appealed. For all appeals, the decisions of the appeal board shall be in writing or stated in the record and shall be accompanied by findings-of-fact upon which the decision is based. Parties to the proceedings shall be notified of the decisions in person or by mail. A copy of the decisions and accompanying finds shall be delivered or mailed to each party. (Res. 90- 0415 Attachment A(part), 1990) 3.20.260 Variance--Attachment of conditions. Upon consideration of the factors in Section 3.20.230 and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Res. 90-0415 Attachment A(part), • 1990) • 3.20.270 Appeals--Recordkeeping. The county engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Res. 90-0415 Attachment A(part), 1990) 3.20.280 Conditions for variances. (a) Generally, variances may be issued 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, provided subsections (1) through (11) of Sections 3.20.230 have been fully considered. As the lot size increases beyond the one-half acre, 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, without regard to the procedures set forth in the remainder of this section. (c)Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (d)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood and approach hazard, to afford relief. (e)Variances shall 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 the applicant; and (c)A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 3.20.230 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)Whenever a variance is granted permitting a structure to be built with a lowest floor elevation below the base flood elevation, the applicant shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. (Res. 90-0415 Attachment A(part), 1990) 3.20.290 Appeal to board of county commissioners. Any person aggrieved, and/or the county engineer, may appeal a decision of the appeal board to the board of county commissioners by filing a notice of appeal with the clerk of . the board of county commissioners within ten calendar days after delivery or mailing of the appeal board's decision. Persons aggrieved shall also deposit the appeal fee specified in Section 3.20.500 with the clerk within the appeal period provided. All notices of appeal shall state with particularity the decision appealed and the reasons why the appellant is entitled to relief. The board of county commissioners shall cause a written notice to be provided to the appellant and other interested parties of the place and date of the appeal hearing at least ten days prior to the hearing date. The board may hear the matter de novo, base its review on the record of hearing before the appeal board or elect to take additional evidence to supplement the record below. The board may require the appellant to pay for a written transcript of the appeal board's hearing. Appeal hearings under this section shall be recorded electronically. The board shall, in conformity with this chapter, reverse or affirm, wholly or in part or shall modify the appeal board's decision and shall otherwise render its decisions in accordance with Sections 3.20.230 through 3.20.280. (Res. 90-0415 Attachment A(part), 1990) • 3.20.300 Appeal to court. The decisions by the board of county commissioners on any appeal shall be final and conclusive, unless within twenty calendar days from the delivery or mailing of the board's decision, a person aggrieved applies to the Superior Court of the county for a writ of certiorari (Review). The appellant shall pay for the written transcript required by the court for review. Review shall be confined to the record of hearing below. (Res. 90-0415 Attachment A(part), 1990) 3.20.310 Provisions for flood hazard Protection--Generally. In all areas of special flood hazards the standards set out in Sections 3.20.320 through 3.20.350 are required. (Res. 90-0415 Attachment A(part), 1990) • 3.20.320 Anchoring. (a)All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure or works. (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 times to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas"guidebook for additional techniques). Certification must be provided to the department of building and safety director, that this standard has been met. (Res. 90-0415 Attachment A (part), 1990) 3.20.330 Construction materials and methods. (a)All new construction and substantial improvements shall be constructed with materials and utility equipment substantially resistant to flood damage below the flood protection elevation. (b)All new construction and substantial improvements shall be constructed using methods and practices that substantially minimize flood damage. (c) Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated within the components during conditions of flooding. (Res. 90-0415 Attachment A(part), 1990) 3.20.340 Utilities. (a)All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (b) 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. (c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Res. 90-0415 Attachment A (part), 1990) 3.20.350 Subdivision and other proposed developments. (a)All development proposals shall be consistent with the need to minimize flood damage. (b)All development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c)All development proposals shall have adequate drainage provided to reduce exposure to flood damage. (d)Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by the applicants engineer for subdivision proposals and other proposed developments. (e)The plat dedication of all subdivision proposals in all areas of special flood hazard shall contain the following wording: Development within this subdivision shall conform to the requirements of the National Flood Insurance Program and Chapter 3.20 of the Spokane County Code. Purchasers of property in this subdivision are warned of possible flooding or ponding and the potential requirement to purchase Flood Insurance. This warning shall be carried in each and every deed drawn to transfer ownership of any and all property within this plat in the Area of Special Flood Hazard. (Res. 90-0415 Attachment A(part), 1990) 3.20.360 Review of building permits. Where elevation data is not available, either through the flood insurance study 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 the county engineer's judgment and includes but is not limited to use of historical data, high water marks and photographs of past flooding where available. The county engineer may require the applicant to produce needed data. The county engineer may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. If a structure is to be elevated on fill, the applicant must submit information about the volume of fill proposed to be used. (Res. 90- 0415 Attachment A(part), 1990) 3.20.370 Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 3.20.060, 3.20.140(3) or 3.20.350(d), the provisions set out in Sections 3.20.380 through 3.20.400 are required. (Res. 90-0415 Attachment A (part), 1990) 3.20.380 Residential construction. (a)New construction and substantial improvement of any residential structure within areas of special flood hazard shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation. New construction and substantial improvement of any residential structure outside the floodplain on property, a portion of which is in a special flood hazard area, shall have the lowest opening of the structure elevated a minimum of one foot above the 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: (1)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. (2)The bottom of all openings shall be no higher than one foot above grade. (3)Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (Res. 90-0415 Attachment A(part), 1990) 3.20.390 Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation, or together with attendant utility and sanitary facilities, shall: (1) 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. If the structure is to be floodproofed, suitable plans and specifications must be prepared and signed by a registered architect or engineer; (2) Have a structural component capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and • (3) Be certified by a licensed civil professional engineer or licensed registered architect, registered as such by the state of Washington, that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. The registered engineer or architect shall certify that the floodproofing measures will effectively prevent floodwater from entering the structure. Such certifications shall be provided to the county engineer and reviewed by the department of building and safety director; (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below in the lowest floor as described in subsection (b) of Section 3.20.380; (5)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 constructed to the base flood level will be rated as one foot below that level). (Res. 90-0415 Attachment A (part), 1990) 3.20.400 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 a minimum of one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (b) of Section 3.20.320. (Res. 90-0415 Attachment A(part), 1990) 3.20.410 Encroachments. In special flood hazard areas where base flood elevations have been provided, but floodways have not been established, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (Res. 90-0415 Attachment A(part), 1990) 3.20.420 Floodways. Located within areas of special flood hazard established in Section 3.20.060 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) Construction or reconstruction of residential structures is prohibited, 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 fifty percent of the market value of the structure either, (i) before the repair, reconstruction or improvement is started; or(ii) 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 or to structures identified as historic places shall not be included in the fifty percent determination. (2) Encroachments, including fill, new nonresidential construction, substantial improvements and other development and works are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the subject encroachments shall not materially cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway and shall not result in any increase in flood levels during the occurrence of the base flood discharge. (3) If a proposed development or work is allowed under subsections(1) or(2)of this section, then all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3.20.310 through 3.20.400. (Res. 90-0415 Attachment A(part), 1990) 3.20.430 Water-dependent works. For water-dependent utilities and other installations which by their very nature must be in the flood fringe and/or floodway(such uses as, but not limited to, roads, bridges, marinas, darns for domestic/industrial water supply, flood control and/or hydroelectric production; water diversion structures and facilities for water supply, irrigation and/or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood damage reduction facilities and stream bank stabilization structures and practices), these provisions apply: (1) The applicant shall supply convincing evidence that a flood fringe and/or floodway location is necessary in view of the objectives of the proposal; and provided further, that the proposal is consistent with other provisions of this title and relevant local, state and federal regulations. (2) In all instances of locating utilities and other installations in floodway locations, project design must incorporate floodproofing certified by a licensed civil professional engineer to be capable of withstanding one-hundred-year flood flows and velocities. (3) For any works that impound water, the applicant shall provide documentation of easements,flowage rights or ownership of the impoundment area and certification by a Licensed civil professional engineer that the works will cause no increase in the one- hundred-year flood elevation outside the impoundment areas and that the works and associated impoundment area will not impair the ability of natural drainageways to drain floodwaters adequately during a flooding event (Res. 90-0415 Attachment A (part), 1990) 3.20.440 Standards for shallow flooding areas (AO zones). Shallow flooding areas appear on FIRMs as AO zones with depth designation. The base flood depths in these zones range from one to three feet where a clearly defined channel does not exist or where the path of flooding is unpredictable and where velocity flow may be evident Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: (1) New construction and substantial improvements of residential structures within AO zones shall have the lowest floor(including basement)elevated to or above one foot • 1 ' above the depth number specified on the FIRM (at least three feet if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: (a) Have the lowest floor(including basement) elevated to or above one foot above the depth number specified on the FIRM (at least three feet if no depth number is specified); or (b) Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that 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 registered professional engineer or architect as in subsection (3)of Section 3.20.390. (3)Adequate drainage paths must be provided to guide floodwaters around and away from proposed structures. (Res. 90-0415 Attachment A(part), 1990) • 3.20.450 Special requirements—Chester Creek flood zone. For the areas of the Chester Creek flood zone from Mohawk Road down to Sprague Avenue, the following provisions apply in addition to the other requirements of this chapter. (1) Paved driveways are prohibited in the one-hundred-year flood zone; and (2) No more than five percent of the one-hundred-year flood zone area shall be covered by impervious surfaces or fill. (Res. 90-0415 Attachment A (part), 1990) 3.20.460 Fee schedule. The county engineer is authorized to collect a fee for development permits in accordance with the fee schedule in Section 3.20.500. The county engineer is also authorized to require posting of a bond to insure the provisions of subdivision (e)of subsection (2) of Section 3.20.140 are met. The bond shall be in the amount specified on the fee schedule in Section 3.20.500. This fee schedule shall be reviewed annually by the county engineer and, if necessary, fee adjustments recommended to the board of county commissioners. (Res. 90-0415 Attachment A(part), 1990) 3.20.470 Violation—Penalty. Any person, firm or corporation who violates Section 3.20.120, or violates a stop work order issued under Section 3.20.480, or violates any condition of approval of a development permit as imposed under the authority of this chapter, shall be guilty of a misdemeanor and shall be punished upon conviction by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days or by a fine in an amount fixed by the court of not more than one thousand dollars or by both such imprisonment and fine. (Res. 90-0415 Attachment A(part), 1990) 3.20.480 Stop orders. Whenever any work is being done contrary to the provisions of this chapter, the county engineer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the county engineer to proceed with the work. (Res. 90-0415 Attachment A(part), 1990) 3.20.490 Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of the chapter are declared to be severable. (Res. 90-0415 Attachment A(part), 1990) 3.20.500 Fee schedule. The fee schedule for this chapter is as follows: - Fee Schedule Office of Spokane County Engineer I. Permit Administration. A. Floodplain development $30.00 permit II. Bond. A. For a residential structure $300.00 B. Fora nonresidential structure (to be determined by the county 'engineer based on project scope) III. Appeal Fee $ 50.00 (Res. 90-0415 Attachment A(part), 1990)