958 Amend YMC Flood PreventionCITY OF YELM
ORDINANCE NO. 958
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON UPDATING
CHAPTER 15.32 YELM MUNICIPAL CODE - FLOOD DAMAGE
PREVENTION
WHEREAS, Yelm Municipal Code Chapter 15.32 intention is to provide
minimum standards to safeguard life, health, property and public
welfare by regulating the uses in Special Flood Hazard Areas to be
flood proofed, elevated, or otherwise protected from flood damage;
and
WHEREAS, the City of Yelm participates in the National Flood
Insurance Program; and
WHEREAS, as a participant in the National Flood Insurance Program
the City of Yelm by Ordinance shall meet the requirements of Chapter
44 of the Code of Federal Regulations (44 CFR); and
WHEREAS, as Yelm Municipal Code Chapter 15.32 needs minor
revisions to meet 44 CFR;
NOW THEREFORE, the City Council of the City of Yelm do ordain as
follows:
Section 1. A new section is added to Chapter 15.32 YMC at 15.32.015
YMC as follows:
15.32.015 Severability.
If any section, clause, sentence, or phrase of the Ordinance is held
to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of
the remaining portions of this Chapter.
Section 2. The definitions found at Section 15.32.040 YMC are hereby
amended as follows:
15.32.040 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. "Appeal" means a request for a review of the planning
department's interpretation of any provision of this chapter
or a request for a variance.
SCANNED
GB. "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
maps always includes the letter "A "."
.14-C. "Base flood" means the flood having a one percent chance
of being equaled or exceeded in any given year. Also
referred to as the "100 -year flood." Designation on maps
always includes the letter "A"
-ED." Basement" means any area of the building having its floor
subgrade (below ground level) on all sides.
-FE. "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 supporting foundation system
GF. "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.
++G. "Cumulative substantial value" means flood - related
damages sustained by a structure on two separate
occasions during a 10 -year period for which the cost of
repairs at the time of each such flood event, on the
average, equals or exceeds 26 percent of the market value
of the structure before the damage occurred.
1H. '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 or storage
of equipment or materials located within the area of special
flood hazard.
4I. "Elevation certificate" means the official form (FEMA Form
81 -31) used to track development, provide elevation
information necessary to ensure compliance with this
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GB. "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
maps always includes the letter "A "."
.14-C. "Base flood" means the flood having a one percent chance
of being equaled or exceeded in any given year. Also
referred to as the "100 -year flood." Designation on maps
always includes the letter "A"
-ED." Basement" means any area of the building having its floor
subgrade (below ground level) on all sides.
-FE. "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 supporting foundation system
GF. "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.
++G. "Cumulative substantial value" means flood - related
damages sustained by a structure on two separate
occasions during a 10 -year period for which the cost of
repairs at the time of each such flood event, on the
average, equals or exceeds 26 percent of the market value
of the structure before the damage occurred.
1H. '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 or storage
of equipment or materials located within the area of special
flood hazard.
4I. "Elevation certificate" means the official form (FEMA Form
81 -31) used to track development, provide elevation
information necessary to ensure compliance with this
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chapter, and determine the proper insurance premium rate
with Section B completed by the administrator.
4Q. "Elevated building" means, for insurance purposes, a
nonbasement building that has its lowest elevated floor
raised above ground level by foundation walls, shear walls,
post, piers, pilings, or columns.
-LK. °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 of runoff of surface
waters from any source.
ML. "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.
NM. "Flood insurance study FI " means the official report
provided by the Federal Insurance Administration that
includes flood profiles, the Heed Beundai=y Fleedway Hap
and the water surface elevation more than one foot.
8N. "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.
PO. "Increased cost of compliance" means a flood insurance
claim payment up to $30,000 directly to a property owner
for the cost to comply with floodplain management
regulations after 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."
Q. "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 found at YMC 15.32.240(B).
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T I (-I. "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.
SR. "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.
TS. "Recreational vehicle" means a vehicle which is:
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 towable by a light duty
truck; and
4. Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational,
camping, travel, or seasonal use.
44T. "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, the
actual start of construction means the first alteration of anv
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wall, ceiling, floor, or other structural part of a buildin
whether or not that alteration affects the external
dimensions of the building.
V . "Structure" means a walled and roofed building including a
gas or liquid storage tank that is principally above ground.
V. "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 oercent of the market value of the structure
before the damage occurred
W. "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 which have been previously
identified by the local code enforcement official and
which are the minimum 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.
X. "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.
Y. "Water dependent" means a structure for a commerce or
industry which cannot exist in any other location and is
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dependent on the water by reason of the intrinsic nature of
its operations.
Section 3. The basis for establishing the areas of special flood hazard
found at Section 15.32.060 YMC is hereby amended as follows.
15.32.060 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 the City ef Yelm,
, Thurston
County Washington and Incorporated Areas dated October 16,
2012, as amended, with an accompanying Flood Insurance Rate
Map, as amended, are hereby adopted by reference and declared
to be a part of this chapter. The Flood Insurance Study and the
FIRM are on file at Yelm City Hall, 105 Yelm Avenue West, Yelm,
Washington. The best available information for flood hazard
identification as outlined in YMC 15.32.140(B) shall be the basis for
regulation until a new FIRM is issued which incorporates the data
utilized under YMC 15.32.140(B).
Section 4. The criteria for approval of a variance from the floodplain
regulations found at Section 15.32.160 YMC is hereby amended as
follows:
15.32.160 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 items listed in YMC
15.32.150 (C) 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, the State Inventory of
Historic Places, or the Yelm register of historic places
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.
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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:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would
result in exceptional hardship to the applicant;
3. 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 YMC 15.32.150 (C), 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 flood
proofing than watertight or dry -flood proofing, where it can
be determined that such action will have low damage
potential, complies with all other variance criteria except as
set out in subsection A of this section, and otherwise
complies with YMC 15.32.180 15.32.200 and
z5.32- 9015.32.210.
H. Any applicant to whom a variance is granted shall be given
written notice 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 5. Anchoring development standards found at Section
15.32.180 YMC are hereby amended as follows:
15.32.180 Anchoring.
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A. All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement
of the structure.
B. All manufactured homes must likewise be anchored to
prevent flotation, collapse or lateral movement, and shall be
installed using methods and practices that minimize flood
damage. Anchoring methods may include, but are not
limited to, use of over - the -top or frame ties to ground
anchors (reference FEMA' " "- nun etL ed u,.nge lFist- llatien
'Fi Fleed HaFaFd ^~eas" FEMA P -85 Protectina Manufactored
Homes from Floods and Other Hazards" guidebook for
additional techniques).
Section 6. The standards for critical facilities found in Section
15.32.260 YMC are hereby amended as follows:
15.32.260 Critical facility.
Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the base fleedplaiff_amea of
special flood hazard. Construction of new or critical facilities shall
be permissible within the base area of special flood
hazardif no feasible alternative site is available. Critical facilities
constructed within the area of special flood hazard
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.
Section 7. The standards for manufactured homes found at Section
15.32.270 YMC are hereby amended as follows:
15.32.270 Manufactured homes.
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All manufactured homes in the floodplain to be placed or
substantially improved on sites shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home
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one foot or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
At a minimum a reinforced pier would have a footing adequate to
support the weight of the manufactured home under saturated soil
conditions which may occur during flood. In addition, if stacked
concrete blocks are used, vertical steel reinforcing rods should be
placed in the hollows of the blocks and those hollows filled with
concrete or high strength mortar. In areas subject to high velocity
floodwaters and debris impact, cast -in -place reinforced concrete
piers may be appropriate.
Seciton 8. The standards for recreational vehicles found at Section
15.32.275 YMC are hereby amended as follows:
15.32.275 Recreational vehicles.
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All manufactured homes in the floodplain to be placed or
substantially improved on sites shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home
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one foot or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
At a minimum a reinforced pier would have a footing adequate to
support the weight of the manufactured home under saturated soil
conditions which may occur during flood. In addition, if stacked
concrete blocks are used, vertical steel reinforcing rods should be
placed in the hollows of the blocks and those hollows filled with
concrete or high strength mortar. In areas subject to high velocity
floodwaters and debris impact, cast -in -place reinforced concrete
piers may be appropriate.
Seciton 8. The standards for recreational vehicles found at Section
15.32.275 YMC are hereby amended as follows:
15.32.275 Recreational vehicles.
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Recreational vehicles placed on sites within zones Al through A30,
and AE on the community's FIRM shall either:
A. Be on the site for fewer than 14 consecutive days; and
B. Be fully licensed and ready for highway use, on their
wheels or jacking system, be 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 YMC 15.32.270 and the
elevation and anchoring requirements for manufactured
homes.
Section 9. The requirements for development within floodways found
at Section 15.32.280 YMC are hereby amended as follows:
15.32.280 Floodways.
Located within areas of special flood hazard established in YMC
15.32.060 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:
A. Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless
certification by a registered professional engineer or
architect is provided demonstrating through hydrolo is c and
hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachments shall
not result in any increase in flood levels during the
occurrence of base flood discharge;
B. Construction or reconstruction of residential structures is
prohibited within designated floodways, except for:
1. Repairs, reconstruction, or improvements to a structure,
which do not increase the ground floor area; and
2. Repairs, reconstruction or improvements to a structure,
the cost of which does not exceed 50 percent of the
market value of the structure either:
a. Before the repair or reconstruction is started; or
b. If the structure has been damaged, and is being
restored, before the damage occurred.
Work done on structures to eeFFeet comply with existing
violations of state or local health, sanitary, or safety
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code specifications which have been identified by the
administrator and which are the minimum necessary to
assure safe living conditions or to structures identified as
historic places shall not be included in the 50 percent
determination;
C. If subsection A of this section is satisfied, all new
construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of
Article VI of this chapter.
Section 10. A new section is added to Chapter 15.32 YMC at
15.32.285 YMC as follows:
15.32.285 Areas with Base Flood Elevations but No Floodways.
AE and Al -30 Zone with Base Flood Elevations but No
Floodways. In areas with base flood elevations (but a
regulatory floodway has not been designated), no new
construction, substantial improvements, or other
development (including fill) shall be permitted within Zone
AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when
combined with all other existing and anticipated
development, will not increase the water surface elevation
of the base flood more than one foot at any point within the
community.
Section 11. The regulations for development within wetlands
associated with a floodplain as found in Section 15.32.290 YMC are
hereby amended as follows:
15.32.290 Wetlands management.
To the maximum extent possible, in order to avoid the short- and
long -term adverse impacts associated with the destruction or
modification of wetlands, especially those activities which limit or
disrupt the ability of the wetland to alleviate flooding impacts, the
following process should be implemented:
A. Review proposals for development within base fleedplains
areas of special flood hazard for their possible impacts on
wetlands located within the floodplain;
B. Ensure that development activities in or around wetlands do
not negatively affect public safety, health and welfare by
disrupting the wetlands' ability to reduce flood and storm
drainage;
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C. Request technical assistance from the Department of
Ecology in identifying wetland areas. Existing wetland map
information from the National Wetlands Inventory (NWI)
can be used in conjunction with the community's FIRM to
prepare an overlay zone indicating critical wetland areas
deserving special attention.
Passed by the Yelm City Council at a regular meeting September 25,
2012
Ron Hardin4,, Mayor
Authenticated:
nine A Schnepf, City Clerk
Published: Nisqually Valley News,
Effective Date "oetebe- =3, 2
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