849 Flood Damage Protection
CITY OF YELM
ORDINANCE NO. 849
AN ORDINANCE UPDATING THE YELM MUNICIPAL CODE RELATING TO FLOOD DAMAGE
PREVENTION (CHAPTER 15.32 YMC) PURSUANT TO REQUIREMENTS OF THE WASHINGTON
STATE DEPARTMENT OF ECOLOGY
WHEREAS, the City of Yelm in 1990 established regulations relating to flood
damage prevention pursuant to Chapter 86.16 RCW and updated these regulations in
2000 after the Federal Emergency Management Agency adopted a Flood Insurance
Rate Map (FIRM) for the City of Yelm which established base flood elevations for the
100 year floodplains associated with Yelm Creek and Thompson Creek; and
WHEREAS, the Washington State Department of Ecology conducted a
community assistance visit on January 19, 2006, with the Yelm Community
Development Department as part of Ecology's ongoing efforts to limit exposure of the
National Flood Insurance Program to claims, and
WHEREAS, the Department of Ecology found that Yelm's Flood Damage
Prevention Code is "significantly compliant" with the rules of the National Flood
Insurance Program, amendment of the Municipal Code was required for full compliance,
although the deficiencies are primarily minor in scope, including word changes and
updated definitions, and
WHEREAS, many of the required changes are currently requirements found in
the Yelm Critical Areas Code, Chapter 14.08 YMC, but must be reproduced in the Flood
Damage Prevention Code in order for to remain eligible for flood insurance pursuant of
the National Flood Insurance Program; and
WHEREAS, the Washington Department of Ecology has reviewed the proposed
amendments to Chapter 15.32 YMC and have indicated that they are compliant with the
requirements of the National Flood Insurance Program;
NOW, THEREFORE, THE CITY COUNCil OF YElM DOES ORDAIN AS FOllOWS:
SECTION 1.
Chapter 15.32 Yelm Municipal Code is 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.
B. "Area of shallow flooding" means a designated AO or AH zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to three
feet; a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident. AO is
characterized as sheet flow and AH indicates ponding.
C. "Area of special flood hazard" means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. Designation on maps always includes the letters "A" or "V".
D. "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 letters "A" or "V".
E. "Basement" means any area of the buildina havina its floor sub-arade (below
around level) on all sides.
F. "Breakaway Wall" means a wall that is not part of the structural support of the
buildina and is intended throuah its desian and construction to collapse under
specific lateralloadina forces. without causina damaae to the elevated portion
of the buildina or supportina foundation system.
eGo "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.
H. "Cumulative Substantial Value" means flood-related damaaes sustained by a
structure on two separate occasions durina a 10-year period for which the
cost of repairs at the time of each such flood event. on the averaae. eauals or
exceeds 26 percent of the market value of the structure before the damaae
occu rred.
I=J "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.
J. "Elevation Certificate" means the official form (FEMA Form 81-31) used to
track development. provide elevation information necessary to ensure
compliance with this Chapter. and determine the proper insurance premium
rate with Section B completed by the Administrator.
K. "Elevated Buildina" means for insurance purposes. a non-basement buildina
that has its lowest elevated floor raised above around level by foundation
walls. shear walls. post. piers. pilinas. or columns.
G!:. "Flood" or "flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
MM. "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.
~N. "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 more than one foot.
JO. "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.
P. "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
manaaement reaulations after a direct physical loss cased by a flood.
Eliaibility for an ICC claim can be throuah a sinale instance of "substantial
damaae" or as a result of a "cumulative substantial damaae."
KQ. "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).
bR. "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.
MS. "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.
"Recreational vehicle" means a vehicle which is:
NI.
1.
2.
Built on a single chassis;
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.
GU. "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.
PV. "Structure" means a walled and roofed building including a gas or liquid
storage tank that is principally above ground.
QW. "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 livina conditions; or
2. Any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
RX. "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.
SY. "Water dependent" means a structure for a 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.
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 of Yelm, Washington Thurston County," dated June 16, 1999
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 is 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).
15.32.140 Duties and responsibilities of the planning department.
Duties of the planning department shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit requirements
of this chapter have been satisfied,
2. Review all development permits to determine that all necessary permits
have been obtained from those federal, state or local governmental
agencies from which prior approval is required,
3. Review all development permits to determine if the proposed development
is located in the floodway. If located in the floodway, assure that the
provisions of YMC 15.32.280 are met;
B. Use of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with YMC 15.32.060, the planning department shall
obtain, review, and reasonably utilize any base flood elevation and floodway
data available from a federal, state or other source, in order to administer
YMC 15.32.230 through 15.32.280;
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data is provided through the Flood Insurance
Study or required as in subsection B of this section, obtain and record the
actual (as-built) elevation (in relation to mean sea level) of the lowest floor,
including basement, of all new or substantially improved structures, and
whether or not the structure contains a basement.
2. For all new or substantially improved flood proofed nonresidential
structures where base flood elevation data is provided throuah the FIS.
FIRM. or as reauired in Section 15.32.140 (B) YMC:
a. Verify and record the actual elevation (in relation to mean sea level)jQ
which the structure was f1oodproofed, and
b. Maintain the floodproofing certifications required in YMC 15.32.120(C),
3. Maintain for public inspection all records pertaining to the provisions of this
chapter;
D. Alteration of Watercourses.
1. Notify adjacent communities and the Washington State Department of
Ecology prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance Administration,
2. Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not
diminished;
E. Interpretation of FIRM Boundaries. Make interpretations where needed, as to
exact location of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped boundary
and actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretations provided in YMC 15.32.150 and 15.32.160.
15.32.200 Utilities.
A. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwater 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.
D. Water wells shall be located on hiah around that is not in the floodway.
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 that
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 comply with existing health, sanitary, or
safety codes which have been identified by the administrator and
which are the minimum necessary to assure safe livina 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 3. This Ordinance shall take effect five days after its publication as provided by law.
PASSED by the City Cou c~ of Yelm this 12th day of July, 2006.
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AUTHENTICATED:
PUBLISHED: Nisqually Valley News, July 21, 2006
EFFECTIVE DATE: July 17, 2006